Pavement Structure The combination of subbase, base course, an d 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 for th in the Schedule of Items fo r 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 t o 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 Conf ormity with the Contract. For a related provision, see Permits Permits granted to the Department for the Project. Pe rmits 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 specifie d 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 - P roject Closeout, and removal of traffic control devices. Plans When the context so indicates, “Plans” mean applicable c onstruction drawings, including plan, profile, typical cross sections, Working Drawin gs, Standard Details, Supplemental Standard Details, and supplemental Drawings or exa ct reproductions thereof or electronically displayed equivalents, that show the location , character, dimensions, and details of the Work. Where the context so indicates, “Plan” ma y also mean a detailed process, program, or method worked out beforehand for the accom plishment of an objective. Examples include QCP, the SEWPCP, the TCP, Safety Plan, and Pro ject 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, whic h is to be used to request pre qualification 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 requireme nts contained in the Contractor’s Prequalification Procedure first adopted by the De partment 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 t op of the wearing surface, usually along the longitudinal centerline of the roadbed. Prof ile Grade means either elevation or gradient of such trace, according to the context. Program The specific working unit within the Department’s Bure aus of Project Development and Maintenance & Operations within which a particu lar Department project is developed, designed, constructed and administered. Such Prog rams include the Highway Program, Bridge Program, Multimodal Program and other similar U nits. 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, re habilitated, or repaired, together with all appurtenances and Incidentals. Project Limits Areas within the Right-of-Way or Construction L imit Lines shown on the Plans or otherwise indicated in the Contract. If no Projec t Limits are indicated in the Contract, the Project Limits shall be the area actually occupie d by the Bridge, Highway, or other infrastructure before construction extending to and inclu ding (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 representativ e for overall coordination of the Project. Project Records Records or data of any type on any media, incl uding those produced by the Contractor or its consultants, Subcontractors, suppliers, o r manufacturers that are related to the Project. Project Records include, but are not limited t o, Plans, Working Drawings, Specifications, manufacturer’s recommendations, catalog cuts, d aily 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 opportuni ty and affirmative action records, on-the-job and Disadvantaged Business Enterprise repor ts, preconstruction conference records, Progress Meeting records, Partnering records, correspondence, e-mails, and any other documents related to the Work. Proposal The response to a Reque st for Proposals. Proposals w ill normally be requested for anticipated Best Value procurements. See Design-Build, Req uest for Proposal and Best Value Procurement. In another context, sometimes the Departmen t’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 t o 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) Cont ractor Quality Control, (E) Acce ptance Testing, and (F) Independent Assurance. Quality Control (QC) Planned and specified actions or operatio ns 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 contr ol 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 th at 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 tha t 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 con text indicates otherwise, Receipt by regular US mail, overnight courier, service in hand, or by fax or electronic transmission with confirmation of Receipt originatin g from the recipient (which may be a telephone confirmation) . If Delivered by regular US m ail, notices that are properly addressed will be deemed Received three Days after mai ling, 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 entit y under consideration. Request for Proposal The Department’s solicitation in a Best V alue 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 intere st therein, usually in the form of a strip, acquired for or devoted to the Project or othe r purposes. Road A general term denoting a public way for purposes of vehi cular travel, including the entire area within the Right-of-Way. Roadbed The graded portion of a Highway within top and side sl opes, 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 a lso be considered Roadside. Roadside Development Those items necessary to complete the Hig hway that provide for the preservation of landscape Materials and features; the rehab ilitation 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 Highwa y, including Shoulders, for veh icular use. A divided Highway has two or more Roadways.
Schedule of Items A document containing the list of items of W ork provided in the Bid Documents on which the Contract or provides prices. The Schedul e of Items is a Special Provision. Schedule of Work A written Work schedule submitted and maintai ned by the Contractor by which the Contractor Plans and prosecutes the Work. The Sch edule of Work contains dates of commencement and Completion of various items of Work w ithin the Contract Time and all authorized extensions . For a related provision, seeSe ction 107.4.2 - Schedule of Work Required.
Shop Drawings See Working Drawings.
Shoulder The portion of the Roa d or Roadway that is contiguous with the traveled Way and that is provided for accommodation of stopped vehicles, eme rgency use, and lateral support of base and surface courses. Sidewalk A way constructed prim arily 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 Supers tructure with a line parallel to the face of the Substructure or, in the case of structural p late units and Culverts, with the centerline of the structural plate units and Culverts. Special Provision Revisions to the Standard and/or Supplementa l 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 incorpo rations by reference. Standard Details Detailed Drawings published and approved by t he Department for general application and repetitive use. Standard Specifications Maine Department of Transportation Sta ndard Specifications and Standard Details for Construction Revision of 2020, which w ere 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 ve hicular 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, underdra ins, foundation drains, and other manufactured features. Strut See Large Culvert. Subcontractor An individual, firm, corporation, limited liabil ity 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 con sidered to exist when a person or firm assumes obligation through a written contract wi th 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 Su bcontractors. Unless the
context indicates otherwise, Subcontractors include suppliers, vendors, fabricators, and any other entities with which the Contractor contracts to perform a ny 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 stabili zation.
Substantially Conform or Substan tial Conformity Substantially Conform or Substantial Conformity means that the Work at issue, though not in strict a ccordance with the Plans, Specifications, or other Contract r equirements, Conforms suffic iently to the applicable standard such that it may be acceptable to the Department (poss ibly with a credit to the Department) and not require removal, as determined by the Depar tment. For a related definition, see Conformity. For a related provision, see Secti on 106.8.1 - Substantially Conforming Work. Substructure All of that part of the Structure below the beari ngs 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 w hom 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 sp ans, the skewbacks of arches, and the top of footings of rigid frames. Supplemental Liquidated Damages Liquidated Damages for additio nal 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 Liq uidated 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 modificati ons to the Standard Details. Surety The corporation, limited liability company, partnership , or individual, or other entity, other than the Contractor, that executes or is obligate d under a Contract Bond or Bid Bond.
Traveled Way The portion of the R oadway that is intended for t he 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 perfor med without providing the Residen t with reasonable notice of the date and time that the Work is to be performed, W ork 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 a t the time of Bid submission and that were beyond the Contractor’s control in tha t 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, mai ntenance, erosion control, traffic control, security precautions, workers or Equipment. U ncontrollable 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 requirem ents of the first sentence of this definition which might inc lude acts by foreign enemy, quar antine restrictions, strikes not involving the Contractor, action or inaction by governmenta l authorities, action or inaction by Utility Companies or other third parties (not Subco ntractors) 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 vanda ls and members of the traveling public, non-performance of Subcontractors (except in cases of u nforeseeable, permanent, and complete cessation of all operations by the Subcontractor f or reasons unrelated to the Contractor), and difficult, but foreseeable weather for the loc ation 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 Bid der in its Bid.
Utility Companies All persons or entities set forth in 35-A MR SA § 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 o ther 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 En gineering.
Wetlands Areas inundated or saturated by surface or ground water at a frequency and duration sufficient to support, a nd that under normal circumsta nces do support, a prevalence of vegetation adapted for life in saturated soil conditions. W etlands generally include swamps, marshes, bogs and similar areas. Winter Suspensions See Section 107.5.1 - Winter Suspensions. Work All labor, services, personnel, Materials, Equipment, too ls, 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 with in the Construction Limits as determined by the Department. This excludes ambient air temp eratures below Specification. Weather Dependent Activities Contractor scheduled work that can not be completed should a Weather Event occur. Paving or other activities as det ermined by the Department will be considered Weather Dependent Activities. Working Day Any Calendar Day except: - Identified non-work days in the C ontract 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 Dep artment. Up to a three-hour hold prior to the start of work may be required if w eather conditions are uncertain. The Contractor may request , in writing, a non-working day due t o a Weather Event up to 16 hours in advance of the normal start time. The Department ma y approve this request depending on the certainty of the forecast. If the Contractor elects to w ork a Saturday, an allowable holid ay, or receives approval to work Sunday, the same process will be utilized to determine if it is a Working Day. If the Contractor requests a pproval to work Saturday and does n ot 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 supp lementing the Plans provided in the Bid Documents and being necessary to demonstrate that th e Work will comply with the Contract and meet the inten t 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 anythi ng is to be done or is not to be done unless “approved,” “accepted,” “authorized,” “ordered,” “required,” “determined,” “directed,” “specified,” “designated,” “established,” “suitable,” “satisfactory,” “suffi cient,” “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 W ork in Conformity with the sam e. Unless a specific date or version is specified, the Contractor shall use the most rece nt 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 cr oss-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 interpr eted as indicating that there are no related provisions and does not r elieve the parties of the o bligation 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 interpr etation 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 dimensi ons shall control. 101.3.6 Priority of Conflicting Contract Documents If the Con tractor discovers any ambiguity, error, omission, conflict, or discrepancy (“ambiguit y, etc.”) related to the Contract Documents that may si gnificantly affect the cost, qual ity, 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 or der 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 Specifications 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. Fo r example, Specification item
900.06also covers Pay Items 900.061, 900.062, 900.0601, and 90 0.0602, etc. unless the
context clearly indicates otherwise.
Scope of Section This Section includes requirements related t o eligibility to Bid and the Bidding process from advertisement for Bids, through Bid Op ening, to the analysis of Bids.
102.1Eligibility to Bid
102.1.1 Basic Requirements To be eligible to Bid, prospective Bidders must (A) not have been debarred or suspended from Bidding, and (B) not be in Default with respect to any outstanding Contract with the Department, unless the Department grants written permission to Bid despite such Default. For related provisions , see Sections 102.9 - Bid Opening and 103.3 - Post-Bid Qualification. 102.1.2 Suspension From Bidding The Department may suspend th e right of a Contractor to submit Bids as the general Contractor on construction Projects being developed by the Department’s Bureau of Project Development for up to two years pursuant to Department’s “Rules Regarding Suspension From Bidding.” 102.1.3 Debarment The Department may debar a Contractor from Bidding, subcontracting, or being employed in any capacity regarding any Project administered by the Department pursuant to “Rules Regarding Debarment of Contra ctors,” Department Register 17-229, Chapter 102 (October 2, 1985).
102.2Advertisement - Notice to Contractors A Notice to Contr actors will provide a
solicitation or an invitation to bid and be advertised in printed or electronic media pursuant to Maine law. Such Notice will contain a brief and general des cription of the nature and location of the Work and infor mation about how to Bid and how t o provide any prequalification requirements.
102.3Examinations of Documents, Site and Other Information B efore submitting a
Bid, the Bidder is responsible for: (A) obtaining and examining the Plans, Specifications, all Bid Amendments, and all other Bid Documents; (B) examining the Geotechnical Information and all other information provided or referenced in the Bid Documents; (C)