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DEPARTMENT OF PUBLIC WORKS BUILDINGS DIVISION 103 ADAMS AVENUE LEWISTON, MAINE 04240 Tel. (207) 513-3003 Fax (207) 784-5647 CONTRACT AND CONTRACT DOCUMENTS FOR City Hall Building Foundation Waterproofing Project BID NO. 2014-042 ---PAGE BREAK--- TABLE OF CONTENTS PAGE NO. NOTICE TO CONTRACTORS N-1 PROPOSAL FORM P-1 CONTRACT FORM C-1 ADDENDA, IF ANY DIVISION 10 SUPPLEMENTAL SPECIFICATIONS 10-1 DIVISION 20 SUPPLEMENTAL SPECIFICATIONS 20-1 ---PAGE BREAK--- RFP NO: 2014-042 BID DATE: 9/11/14 CITY OF LEWISTON, MAINE NOTICE TO CONTRACTORS Sealed Proposals are being accepted by the City Of Lewiston for the CITY HALL BUILDING FOUNDATION WATERPROOFING PROJECT, which consists of obtaining competitive quotations from Contractors to waterproof eighty five (85) linear feet of stone foundation located in the northeast corner of the City Hall Building and all other incidental work as necessary to satisfactorily complete the project as outlined or implied in this Request for Proposals (RFP). Proposals will be received by the City of Lewiston, Maine at the office of the Director of Budget/Purchasing until 2:00 p.m., on Thursday, September 11, 2014. Each proposer is required to state in his/her proposal his/her name and place of residence and the names of all persons or parties interested as principals with him/her; and that the proposal is made without any connection with any other proposer making any proposal for the same work; and that no person acting for or employed by the City of Lewiston is directly or indirectly interested in the proposal or in any contract which may be entered into to which the proposal relates, or in any portion of the profits therefrom, except as provided by the City Charter. All Contractors who plan to submit a proposal are required to attend a pre-bid meeting on the corner of Pine Street and Park Street at the City Hall Building located at 27 Pine Street, Lewiston, Maine on Thursday, August 28, 2014 at 10:00 A.M. Attendance at this meeting by the Contractor or his/her qualified representative is a mandatory prerequisite for the acceptance of a proposal from that Contractor. The proposal must be signed by the proposer with his/her full name and address and be enclosed in a sealed envelope together with the bid security. The sealed envelope shall be marked with the name and address of the proposer and entitled: CITY HALL BUILDING FOUNDATION WATERPROOFING PROJECT and addressed to: "Director of Budget/Purchasing, City Hall, Lewiston, Maine". If the proposal is forwarded by mail, the sealed envelope containing the proposal and marked as above must be enclosed in a second envelope which shall be addressed to: "Director of Budget/Purchasing, City Hall, 27 Pine Street, Lewiston, Maine 04240." All mailed proposals should be sent by registered mail to ensure delivery. Any proposer may withdraw his/her proposal prior to the scheduled time for the opening of proposals upon presentation to the Director of Budget/Purchasing of a request, in writing, to do so. Any proposer who withdraws his/her proposal within thirty (30) days after the actual opening thereof shall be considered to have abandoned his/her proposal and the bid security accompanying the proposal will be forfeited to the City of Lewiston. N-1 ---PAGE BREAK--- Any proposal received after the scheduled opening time will not be considered. The Finance Committee reserves the right to waive any formality and may consider as informal any proposal not prepared and submitted in accordance with these provisions. The Finance Committee reserves the right to accept any proposal or reject any or all proposals if it is deemed to be in the public interest to do so. No proposal will be considered unless it is accompanied by a bid security in the form of a bid bond or certified check in the amount of ten (10%) percent of the proposed price, made out in favor of the City of Lewiston. All bid securities will be released upon deliverance of a signed contract or, if no contract award is made, within forty-five (45) days after the opening of the proposals, unless forfeited as herein stipulated. The Contract must be signed within ten (10) days, Saturdays, Sundays, and holidays excepted, after the date of notification to the bidder by the Director of Budget/Purchasing of the acceptance of his/her proposal and readiness of the Contract to be signed. If the bidder fails or neglects, after such notification, to execute the Contract, the Finance Committee may determine that the proposal has been abandoned; and, in such case, the bid security accompanying the proposal will be forfeited to the City of Lewiston. The work is to be commenced within ten (10) days after the execution of the contract unless otherwise specified in the Specifications or directed by the Director of Budget/Purchasing, in writing, and is to be continued with diligent regularity until its completion within the time limit specified. All Proposals must be made on the blank Proposal Form bound in the Contract Documents, or as otherwise provided for in the Specifications. Proposer shall state prices for each separate item of work as called for in the Proposal Form. These prices are to cover the entire expenses incidental to the completion of the work in full conformity with the Contract Documents. The prices must be stated both in words and figures. Should a discrepancy be found between the prices written in words and the prices written in figures, the prices written in words shall govern. Each proposer shall make his/her Proposal from his/her own examinations and estimates, and shall not hold the City, its agents or employees responsible for, or bound by, any schedule, estimate, sounding, boring, or any plan of any thereof; and shall, if any error in any plan, drawing specifications or direction relating to anything to be done under this contract comes to his/her knowledge, report it at once, in writing, to the Director of Public Buildings. All materials and labor required to complete the work will be supplied by the Contractor unless otherwise provided for in the Supplemental Specifications. The cost and expense of all the necessary labor, tools and equipment required to complete the work shall be included in the prices stated in the proposal. N-2 ---PAGE BREAK--- The Request for Proposal (RFP) can be obtained on the City Website at: www.lewsitonmaine.gov under Finance and “Bids and Awards”. Contract documents can also be viewed at the following locations: Associated Constructors of ME, 188 Whitten Road, Augusta, ME 04330 Tel. no. 622-4741 Fax no. 622-1625 Email: [EMAIL REDACTED] Portland Construction Summary of ME, Cross Insurance Building, 2331 Congress Street, Maine 04102 Tel. No. [PHONE REDACTED], Email: [EMAIL REDACTED] McGraw-Hill Construction, 3315 Central Avenue, Hot Springs, AR 71913 Tel. No. [PHONE REDACTED] Email: [EMAIL REDACTED] The City may set off any unpaid taxes, fees or other charges or other amounts owed by the contractor against the contract price, in full or partial satisfaction. All questions by prospective Contractors pertaining to the Request for Proposal (RFP) must be received, in writing, by the Director of Public Buildings, at least five days before the date set for the opening of the proposals. Any questions which, in the opinion of the Director of Budget/Purchasing, require interpretation, will be sent by e-mail, with the interpretation, in the form of a numbered Addendum, not later than three days prior to the scheduled opening of the proposals. Proposers shall acknowledge receipt of all Addenda in the space provided therefore in the Proposal Form, whether the Addenda are in response to questions or otherwise issued by the City and whether the Addenda are received by email, or fax. The Owner may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner such information and the data for this purpose, by answering all questions on the Statement of Bidder's Qualifications. The Owner reserves the right to reject any bid if the evidence submitted by, or the investigation of such bidder, fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. The Owner reserves the right to reject any or all bids if it would be in the public interest to do so. A proposal, which is abnormally low or high, may be rejected as unbalanced. The investigations of the proposers will seek to determine whether the organization is adequate in size and experience and whether available equipment and financial resources are adequate to assure the Owner that the work will be completed at a rate consistent with the completion date set forth in the Proposal. The amount of other work to which the bidder is committed will also be a consideration in establishing that a Waterproofing Contractor is a "responsible and eligible bidder" in conformity with the requirements of the Contract. The Supplemental Specifications and the Contract Plans delineate the particular project to which the Contract Documents pertain. Should any discrepancy be found to exist between the Supplemental Specifications and the Standard Specifications and/or the Contract Plans, the Supplemental Specifications and/or Contract Plans shall govern. N-3 ---PAGE BREAK--- The Contract shall be awarded to the lowest responsible and eligible Contractor. Such a Contractor must possess the skill, ability, and integrity necessary to the faithful performance of the work. The term "lowest responsible and eligible Contractor" as used herein shall mean the proposers whose bid is the lowest of those proposers possessing the skill, ability, and integrity necessary to the faithful performance of the work. At the time of the bid opening, each proposer will be presumed to have inspected the site and to have read and to be thoroughly familiar with the RFP documents (including all addenda). The failure or omission of any proposer to receive or examine any form, instrument, or document shall in no way relieve any bidder from the obligation in respect to his/her bid. Each Proposer submitting a Proposal to the City of Lewiston for any portion of the work contemplated by the documents on which bidding is based shall execute and attach thereto, an affidavit substantially in the form herein provided, to the effect that he/she has not colluded with any other person, firm or corporation to any bid submitted. The evaluation decision by the Owner shall be binding as outlined previously in the General Conditions. It is the obligation of the bidder, i.e. Contractors to provide all technical data requested in these Specifications on the prescribed forms or ones similar in nature to facilitate the evaluation. Any pertinent information requested in these Specifications and not supplied with the Bid Proposal shall be grounds for disqualification of the bid as outlined previously. Before executing any subcontract, the successful Bidder shall submit the name of any proposed subcontractor for prior approval and affidavit substantially on the form provided. If the Proposal Price submitted with this Proposal appear to be extremely low or high, compared to the actual cost of performing the work, the Bidder may be asked to explain, in writing, how the work in question is to be performed at the price or prices bid before a decision is made by the City to award a Contract or reject the Proposal. Proposals will be considered irregular and will be rejected for the following reasons: If the Proposal is on a form other than that furnished by the City or if the form is altered in any way. If there are unauthorized additions, conditional or alternate bids or irregularities of any kind which may make the Proposal incomplete, indefinite or ambiguous as to its meaning. I If the Proposer adds any provisions reserving the right to accept or reject an award or to enter into a Contract pursuant to an award. If any of the bid prices are unbalanced, or do not reflect the actual cost required to perform the work, as outlined in the Request for Proposal (RFP). The Special Provisions, Plans, and the Standard and Supplemental Specifications delineate the particular project to which the Contract Documents pertain. Should any discrepancy be found to exist between the Supplemental Specifications and the Standard Specifications and/or the Contract Plans, the Supplemental Specifications and/or Contract Plans shall govern. N-3 ---PAGE BREAK--- CITY OF LEWISTON PROPOSAL FOR CITY HALL BUILDING FOUNDATION WATERPROOFING PROJECT To: Director of Budget/Purchasing City Hall, Lewiston, Maine Dear Sir/Madam: The undersigned hereby declares that he/she has carefully examined the location of the proposed work, the proposed Contract Form and the Contract Documents therein referred to and that he/she proposes and agrees, if this Proposal is accepted, that he/she will contract with the City of Lewiston, by its City Administrator, to provide all machinery, tools, labor, equipment and other means of construction and to do all the work and to furnish all the materials, except those specified in the Specifications to be furnished by the City, necessary to complete the work in the manner and time therein prescribed, in accordance with the conditions and requirements set forth in the Contract Documents and the requirements of the Director of Public Buildings as provided for therein; and that he/she will accept in full payment therefor the following sums to wit: ITEM EST. NO. QTY UNIT ITEM DESCRIPTION & UNIT TOTAL 1. 85 Linear Feet Waterproof City Hall Building Foundation as specified: The undersigned acknowledges the receipt of Addenda numbered . The undersigned further agrees that, after notification by the Director of Budget/Purchasing of the acceptance of his/her Proposal and the readiness of the Contract for signature, he/she will execute the Contract within ten (10) days, Saturdays, Sundays and Holidays, excepted, and that he/she will commence the work within ten (10) days after the execution of the Contract, unless otherwise specified in the Supplemental Specifications or designated by the Director of Public Buildings in writing; and that he/she will prosecute the work to its completion within the time limit specified in the Supplemental Specifications. The undersigned further agrees that there shall be deducted from monies due the Contractor, not as a penalty, but as inspection costs, the sum of two hundred dollars ($200.00) for each working day beyond the time limit specified in the Supplemental Specifications which is required by the Contractor to complete the whole work to the satisfaction of the Director of Public Buildings. P-1 ---PAGE BREAK--- The undersigned further agrees that in the employment of labor, preference will be given, all other things being equal, to the citizens of Lewiston and of the State of Maine, in that order. The undersigned hereby further declares that the only persons or parties interested in this Proposal, as principals, are named below; that the Proposal is made without any connection with any other person or party making any proposal for the same work; and that no person acting for or employed by the City of Lewiston is directly or indirectly interested in this Proposal or in any contract which may be made under it or in profits expected to arise therefrom, except as provided by the City Charter. The full names and addresses of all persons and parties interested in this Proposal, as principals, are as follows: (Give first and last names in full; and in the case of a Corporation, give names and addresses of President, Treasurer and Manager; and in case of a Partnership, give names and addresses of members): Accompanying this Proposal is a bid security deposit in the amount of which is to become the property of the City of Lewiston, by forfeiture, if the undersigned fails, after notification by the Director of Budget/Purchasing of the acceptance of his/her proposal, to execute a contract with the City and furnish the required Bonds within the time agreed to herein; or, in case the undersigned withdraws his/her proposal within thirty (30) days after the opening of the proposals. Otherwise, the deposit will be returned to the undersigned in accordance with the provisions in the Notice to Contractors. Signature of person, firm, or corporation making bid: Signature Name/Title (printed) Legal Address Firm’s IRS I.D. # Mailing Address Telephone # Fax # Date ---PAGE BREAK--- CITY HALL BUILDING FOUNDATION WATERPROOFING PROJECT Contractor Qualification Statement Please answer the following questions completely; attach sheets if necessary: 1. Installer name, address and phone number: 2. List Project Superintendent and years of experience with the company that will be assigned to this project. 3. List of references for at least five similar projects: a. Project name and address: Owner name, address and phone number: b. Project name and address: Owner name, address and phone number: c. Project name and address: Owner name, address and phone number: P-4 ---PAGE BREAK--- d. Project name and address: Owner name, address and phone number: e. Project name and address: Owner name, address and phone number: 4. List all Subcontractors, if not identified above: Form prepared Print or Type P-5 ---PAGE BREAK--- CITY OF LEWISTON, MAINE CONTRACT FOR CITY HALL BUILDING FOUNDATION WATERPROOFING PROJECT This Agreement, made and entered into the date listed below in the year two thousand and fourteen, by and between the City of Lewiston, Maine, a municipal corporation existing under the laws of the State of Maine, hereinafter called "Owner", by its City Administrator, party of the first part, and hereinafter called "Contractor", with legal address and principal place of business at _ party of the second part: WITNESSETH: That the parties to these presents, each in consideration of the covenant and agreements on the part of the other herein contained, have covenanted and agreed and do hereby covenant and agree, the party of the first part for itself and the party of the second part for himself/herself and his/her heirs, executors, administrators and assigns as follows: That this Agreement includes the following documents, hereinafter referred to as the Contract Documents, which are attached hereto and incorporated by reference into this Agreement: 1. Notice to Contractors 2. Proposal 3. Supplemental Specifications 4. Standard Specifications 5. Contract Plans, if any 6. Addenda, if any 7. Federal Conditions, if any That the party of the second part will do all the work, furnish all the materials, tools and equipment, and labor, except as otherwise specified, and do everything necessary and proper for performing and faithfully completing the work required by the Contract Documents in strict conformity with the provisions of the Contract Documents within the time specified in the Supplemental Specifications. That the party of the first part will pay the party of the second part as full compensation for well and faithfully completing the whole work according to the Contract Documents as follows: ---PAGE BREAK--- The party of the second part represents and warrants: ITEM EST. NO. QTY UNIT ITEM DESCRIPTION & UNIT TOTAL 1. 85 Linear Feet Waterproof City Hall Building Foundation as specified: The party of the second part represents and warrants: That he/she is financially solvent; and is experienced in and competent to perform the work; and is able to furnish the plant, materials, supplies, labor, and equipment to be furnished by him/her; and: That he/she is familiar with all Federal, State, Municipal and Departmental laws, ordinances and regulations which may in any way affect the work or those employed therein; and: That such temporary and permanent work required by the Contract Documents to be done by him/her can be satisfactorily constructed and used for the purposes for which it is intended; and that such construction will not injure any person or damage any property other than that damage caused by the construction; and: That he/she has carefully examined the Contract Documents and the site of the work; and from his/her own investigation has satisfied himself/herself as to the nature and location of the work, the character, quality and quantity of surface and subsurface material likely to be encountered, the character of equipment and other facilities needed for the performance of the work, the general and local conditions; and all of the other materials and conditions which may in any way affect the work or its performance. IN WITNESS WHEREOF, the said City, by its City Administrator and the by thereunto duly authorized have hereunto set their hands and seals the day and year first below written. Signed in the presence of: City of Lewiston, Maine By: Edward A. Barrett, City Administrator By: , Contractor C-3 ---PAGE BREAK--- SUPPLEMENTAL SPECIFICATIONS DIVISION 10 10.1 SCOPE OF WORK: The purpose of this Request for Proposals is to obtain competitive quotations from Waterproofing Contractors to waterproof eighty five (85) linear feet of stone foundation located in the northeast corner of the City Hall Building as outlined or implied in this Request for Proposals (RFP). This Contractor will be considered the Prime Contractor, and will carry and coordinate all work of sub trades needed to complete the project. The Contractor shall include all engineering, materials, equipment, tools, services and supervision necessary to design, furnish, and construct an waterproofing system for the City Hall Building stone foundation, including any incidental work not specified, but which can reasonably be inferred as belonging to the waterproofing system and necessary in good practice to provide a complete and satisfactory system. 10.2 TIME LIMIT: The Contractor shall complete all of the work outlined in the Contract Documents by November 14, 2014. The Director of Public Buildings or his/her authorized representative may extend the Time Limit, if the Contractor submits, in writing, evidence that he/she cannot complete the Project within the Time Limit specified because of long delivery time on the materials or other justifiable reason. The Contractor shall be responsible for ordering his/her materials The decision of the Director or his/her representative regarding the time extension shall be final. 10.3 PROPOSAL AWARD OR REJECTION: It is the intent of the City to award a contract within fifteen (15) days after the bid due date. The City reserves the right to reject any or all proposals. The City of Lewiston reserves the right to decrease or increase the scope of the project from the original proposal. Changes in the scope of the project will be in accordance with the prices established in the Proposal and Contract. The City reserves the right to delete all or portions of any item of work prior to the start of work on that item. The City reserves the right to negotiate with the Contractor(s) to determine the amount of work and fees to be included in the Contract. 10.4 BID SECURITY: The Contractor will be required to provide a bid security of 10% of the cost for the total project. 10-1 ---PAGE BREAK--- 10.5 QUALIFICATIONS: The Contractor will be required to demonstrate a successful track record in installations of at least five waterproofing projects of similar size and type. 10.6 SELECTION: The Contractor(s) shall address the proposed scope of services, including their approach, personnel who will do the work, in-house technical review and ability to meet the project schedule. Also, the Contractor(s) shall submit information helpful in evaluating the Contractor(s), such as experience, qualifications, references and the ability to work effectively with the involved parties. The Contractor’s proposal(s) shall discuss in sufficient detail the steps that the Contractor(s) will take to arrive at the desired results. The Contractor must explain to the City in some detail how their proposal will affect our existing building operations while the work is being completed. The discussion shall be important for the selection process. The City of Lewiston reserves the right to solicit additional information from the Contractor(s) or their references and to reject any or all proposals. The City of Lewiston will use the following criteria in evaluating the proposals: 1. A successful record in completing projects similar to the one described in this RFP. 2. The quality of the material and equipment used to complete the project. The Contractor shall submit a list of the key components of the waterproofing system. 3. The precautions the Waterproofing Contractor will take to protect the structural integrity of the building’s foundation. 4. The quality and depth of the Contractor team’s applicable experience and expertise, especially with development of similar projects. 5. A list of at least five relevant projects with the name, address and telephone number of a contact person to check references. 6. The ability of the Contractor(s) to complete the work as outlined in the schedule based on current and projected workload. 7. The Contractor shall provide the duration, and the terms and conditions of the waterproofing warranty/guarantee. 8. Resumes of the personnel who may be assigned to this project, including relevant experience. 9. Other factors that would be helpful to the City of Lewiston in evaluating the Design/Build Waterproofing Contractor(s) for this project. 10-2 ---PAGE BREAK--- 10.7 GENERAL CONDITIONS: 1. All materials entering into the installation, except as hereinafter noted, must be new and of the quality specified; otherwise, of the best commercial quality obtainable for the purpose. All parts to be worked and the erection thereof must be performed in the best and most substantial manner in accordance with the standards of the trade. 2. Equipment or materials of equal specification may be substituted where an “or approved equal” is indicated. In cases of an “or approved equal”, substitutions will be permitted only upon specific approval by the Director of Public Buildings, prior to the submittal of this Contractor’s bid and before any of such items are ordered. 10.8 PERMITS AND APPROVALS: 1. The Contractor shall obtain all permits, approvals, fees, licenses, inspections, etc., as may be required in connection with the work of this specification. The City will waive all City fees and permit costs. 2. The Contractor shall execute all work to conform to the requirements of all Local, State and Federal laws, regulations, etc., applicable to the work. 10.9 ERRORS AND OMISSIONS: 1. Should any errors or omissions exist in the Proposal, the Waterproofing Contractor and/or subcontractors concerned, shall not avail themselves of such unintentional error, omission or conflict, but shall have same explained and adjusted before signing the Contract and proceeding with the work. Otherwise, each Contractor or subcontractor shall, at his/her own expense, supply the proper materials and labor to make good any damage to or defect in his/her work caused by such error, omission or conflict. 2. Any items inadvertently omitted from the Proposal, which are necessary for the proper completion and operation of the work, and that can reasonably be inferred as belonging to the various systems, shall be supplied by the Contractor as part of his/her work under this section of the Specifications. 10.10 SHOP DRAWINGS: 1. The purpose of shop drawing submittals by the Contractor is to demonstrate to the Director of Public Buildings that the Contractor understands the design concept, that he/she demonstrates his/her understanding by indicating which equipment and materials he/she intends to furnish and by detailing the fabrication and installation methods he/she intends to use with the above equipment. 2. This Contractor further agrees that the checking of Shop Drawings is only for general conformance with the design concept of the project and general compliance with the information given in the Contract Documents. Any action shown on the Shop Drawings is subject to the requirements of the Specifications. 10.11 EXTRA WORK ORDERS - CREDITS: No extra work will be paid for unless authorized by the Director of Public Buildings in writing. Where extra work is required, the Contractor shall provide an itemized account of the work involved and shall take into consideration any credits due or work omitted for any reason. Estimates shall clearly list such omitted work with proper credit given for same. 10-3 ---PAGE BREAK--- 10.12 CONTINUITY OF SERVICE AND SCHEDULE OF WORK: The Contractor shall arrange to do the work at such times, including weekends and non-business hours, and in such locations as may be required to provide uninterrupted service for the building, or any section of the building. Authorization for interrupting service shall be obtained, in writing, from the Director of Public Buildings. Costs for overtime work and temporary work shall be included in the bid. 10.13 PRECONSTRUCTION CONFERENCE: A Preconstruction Conference will be held between the Contractor, Sub-Contractors and the City of Lewiston, at a mutually agreed time, to review the Contractor's proposed methods of complying with the requirements of the Proposal, and the Regulations of the City, and such matters as project supervision, onsite inspections, progress schedules, reports, payrolls, payments to the Contractor, Contract change orders, insurance, safety and other items pertinent to this project. 10.14 WORKING HOURS: Efforts shall be made to schedule work between the hours of 6:00 a.m. and 6:00 p.m., or when official personnel are present in the building during the regular work week. The Contractor shall present a schedule of work at the Preconstruction Meeting. The Contractor shall have the option to work during non-business hours when the work may interfere with the normal operations of the City Hall Building. A twenty-four (24) hour notice shall be required. 10.15 SAFETY The Contractor shall barricade sidewalks and doorways and do any other work necessary to protect pedestrians in the area of work being done on the interior and exterior of the building, and otherwise comply with any Federal, State, or Local Safety Regulations which are applicable. 10.16 INTERIOR/EXTERIOR WALLS The Contractor shall take the necessary precautions to avoid damaging the interior or exterior walls, trees, bus stop platform and cover, or any part of the existing building as a result of the installation work. The Contractor must get the Director of Public Buildings’ approval regarding the method of accessing the work areas. Additionally, any City property which is damaged as a result of the installation work shall be repaired or replaced by the Contractor at his/her expense. 10.17 PRE-BID MEETING All Contractors submitting proposals are required to attend a meeting held on the Corner of Pine Street and Park Street in front of the City Hall Building, at 27 Pine Street, Lewiston, Maine on Thursday, August 28, 2014 at 10:00 A.M.. Attendance at this meeting by the Proposers or his/her qualified representative is a mandatory prerequisite for the acceptance of a bid from that Contractor. 10.18 CONCLUSION Proposals will be received at the Office of the Director of Budget/Purchasing, City Building, 27 Pine St., Lewiston, Maine 04240 until 2:00 P.M. on Thursday, September 11, 2014. 10-7 ---PAGE BREAK--- DIVISION 20 GENERAL PROVISIONS STANDARD SPECIFICATIONS PAGE NO. 20.01 Scope 20-1 20.02 20.03 Insurance and Liability 20-2 20.04 Dispute Resolution Cost and Expenses 20-3 20.05 Laws and 20-3 20.06 Permits 20-4 20.07 Estimates and Payments 20-4 20.08 Final Estimate and Payment 20-4 20.09 Last Payment to Terminate Liability of City 20-4 20.10 Site Investigation 20-5 20.11 Borings and Estimate of Quantities Not Warranted 20-5 20.12 Commencement of Work 20-5 20.13 Time and Order of Doing Work 20-6 20.14 No Damages for Delay 20-6 20.15 Competent Personnel to be Employed 20-6 20.16 Not to Sublet or Assign 20-6 20.17 Directions and Explanations, Corrections of Errors 20-6 20.18 Duty to Notify Engineer if Ambiguities Discovered 20-7 20.19 Early Negotiation 20-7 20.20 Superintendence by Contractor 20-8 20.21 Alterations 20-8 20.22 No City Employee to be Interested 20-8 20.23 Waiver 20-8 20.24 Access to Work 20-8 20.25 Engineer to Determine Amount and Quantity of Work, Inspection of Materials 20-9 20.26 Defective Work and Materials 20-9 20.27 Sanitary Regulations 20-9 20.28 No Intoxicating Drinks 20-9 20.29 Extra Work 20.30 Reduction of Work 20.31 No Time Extension 20-10 20.32 Employment of Labor 20.33 Conditions under Which Director May Complete Work 20.34 Payment for Materials 20.35 Guarantee 20.36 Work Day ---PAGE BREAK--- DIVISION 20 GENERAL PROVISIONS STANDARD SPECIFICATION 20.01 SCOPE: These Standard Specifications and Addenda, if any, are to govern construction of storm sewers, sanitary sewers, water lines, streets, sidewalks, parking lots, general construction and other related work, for the City of Lewiston, and they shall become part of any contract with the City for the construction of said work. Provisions of these Specifications shall be modified or changed only in writing. These Standard Specifications will be amended by Supplemental Specifications as necessary and by Contract Plans. The Supplemental Specifications and Contract Plans delineate the particular project to which the Contract Documents pertain. Should any discrepancy be found to exist between the Standard Specifications and the Supplemental Specifications and/or the Contract Plans, the Supplemental Specifications and/or Contract Plans shall govern. 20.02 DEFINITIONS: A. Contract Documents: Whenever the term Contract Documents, or a pronoun in its stead, is used, it shall mean and include, but not necessarily limited to, these items: The Notice to Contractors, the Proposal, the Contract, the Supplemental Specifications, the Standard Specifications, the Contract Plans, any other documents included with these Specifications and attached thereto, and any Addenda to the above issued prior to the date of this Contract. B. Contractor: Whenever the term Contractor, or a pronoun in its stead, is used, it shall mean the person or persons or co-partnership or corporation or other entity which has entered into this agreement or their legal representative. C. Owner: Whenever the term Owner, or a pronoun in its stead is used, it shall mean the City of Lewiston, acting through its designated officials and/or employees. D. City Engineer or Engineer: Whenever the term City Engineer, or a pronoun in its stead, is used, it shall mean the City Engineer of the City of Lewiston or his/her assistants or inspector acting under him/her or his/her duly authorized representatives acting for him/her, limited to the particular duties entrusted to them. E. Director of Public Works or Director: Whenever the term Director of Public Works, Director or a pronoun, in their stead is used, it shall mean the Director of Public Works of the City of Lewiston or his/her assistants or inspectors acting under him/her, limited to the particular duties entrusted to them. F. ASTM: Whenever the abbreviation ASTM is used, it shall mean the American Society for Testing Materials; and, unless otherwise stated, refer to the latest revision of the particular standard. G. Specification: Whenever the term Specifications or a pronoun in its stead is used, it shall mean and include the Standard Specifications as herein set forth and any Supplemental Specifications included in the Contract Documents. ---PAGE BREAK--- H. Contract Plans: Whenever the term Contract Plans, or a pronoun in their stead, is used, it shall mean and include all drawings, graphic representations, diagrams and any notes or explanations thereon supplied to the Contractor before the date of this Contract. I. Lump Sum Bid Price: Whenever the term Lump Sum Bid Price, Lump Sum Bid, Lump Sum or a pronoun in their stead is used, it shall mean the amount of money mutually agreed to by the Contractor to furnish the labor, machinery, tools, apparatus and other means of construction and for doing all the work and furnishing all material called for by the Contract Documents except rock excavation and those items specifically stated as being considered extra work or for which unit prices have been established in the Contract and Proposal. J. Unit Bid Price: Whenever the term Unit Bid Price, Unit bid, Unit Price or a pronoun in their stead is used, it shall mean the amount of money mutually agreed to by the Contractor and the City as full payment to the Contractor for furnishing all necessary labor, materials and equipment (except that which is specifically excluded in the Supplemental and Standard Specifications and Contract Plans) necessary to do one unit of work, i.e., the unit price for one cubic yard of excavation multiplied by the actual number of cubic yards excavated, yields the total payment for the work done. 20.03 INSURANCE AND LIABILITY: The Contractor shall take all responsibility of the work and take all precautions for preventing injuries to persons and property in or about the work; shall bear all losses resulting to him/her on account of the amount or character of the work or because the nature of the land in or on which the work is done is different from what was estimated or expected or on account of the weather, elements or other cause; and he/she shall assume the defense of and indemnify and save harmless the City and its officers, agents and servants from all claims relating to labor and materials furnished for the work; to inventions, patents and patent rights used in doing the work; to injuries to any person or corporation received or sustained by or from the Contractor and his/her employees in doing the work, or in consequence of any improper materials, implements or labor used therein; and to any act, omission or neglect of the Contractor and his/her employees therein. The Contractor shall furnish proof of coverage with adequate insurance of the types and to the limits specified below naming the City of Lewiston as additional insured. Certificate of such insurance shall be filed with the Director of Budget/Purchasing for his/her approval before permission to commence work will be granted. INSURANCE REQUIREMENTS A. Claims: The City of Lewiston will not be held responsible for any damages or injuries arising out of any activity for the City. Any related claim will be referred to the Contractor. The contractor may wish to make personal restoration within a reasonable amount of time at the property owner’s satisfaction or process a claim with their insurance carrier. B. Insurance: The Contractor shall furnish proof of coverage with adequate insurance of the types and to the limits specified below naming the City of Lewiston as additional insured. Certificate of such insurance shall be filed with the Director of Budget/Purchasing by the start of work. C. Workers’ Compensation: ---PAGE BREAK--- Workers’ Compensation, coverage with Statutory Limits and Employers Liability for all employees with limits of $400,000 per incident; and in case any work is sublet, the Contractor shall require the sub-contractor similarly to provide coverage for the latter’s employees unless such employees are covered by the protection afforded the Contractor. D. Automotive Liability Insurance: Automotive Liability insurance with minimum limits of liability for bodily injury in the amount of $1,000,000 for each occurrence and minimum limits of liability for property damage in the amount of $50,000/$100,000 aggregate. E. General Liability Insurance: General Liability insurance with minimum limits of liability for bodily injury in the amount of $1,000,000 for each occurrence and minimum limits of liability for property damage in the amount of $50,000/$100,000 aggregate, or a combined single limit of $500,000 for each occurrence, including completed operations shall be required. F. Performance Bond and Labor and Material Payment Bond in the sum of the total amount of the Contractor’s proposal with a surety company satisfactory to the Owner will be required as surety for the faithful performance of the Contract by the successful bidder. The bonds will be required prior to execution of the Contract. 20.04 DISPUTE RESOLUTION COSTS AND EXPENSES: In the event of any dispute between or involving the City of Lewiston and Contractor, whether resolved by arbitration, litigation or some other mechanism of dispute resolution, in the event that the City shall be a prevailing party, Contractor shall reimburse the City for its attorney’s fee and costs reasonably incurred in connection with the resolution of the dispute. 20.05 LAWS AND REGULATIONS: The Contractor shall keep himself/herself informed of all existing and future State and Federal laws and Municipal ordinances and regulations which in any way affect those engaged or employed in the work, or the materials used in the work; or in any way affect the conduct of the work and of all orders and decrees of bodies of tribunals having any jurisdiction is discovered in the Plans or Specifications or Contract for this work in relation to any such law, ordinance, regulation, order or decree, he/she shall forthwith report the same to the Director in writing. He/she shall at all times himself/herself observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees; and shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by himself/herself or his/her employees. 20.06 PERMITS: The Contractor shall, at his/her own expense, obtain all necessary permits from the County, Municipal or other public authorities, shall give all notices required by law or ordinances; and shall post all bonds and pay fees and charges incident to the due and lawful prosecution of the work covered by this Contract. Fees for street opening permits on City projects shall be waived. ---PAGE BREAK--- 20.07 ESTIMATES AND PAYMENTS: The Engineer will, each month, make an approximate estimate of the amount of work done since the last preceding estimate and of the value thereof, and upon such estimate being made, the City will pay to the Contractor ninety (90%) per cent of the estimate; provided, however, that no such estimate or payment shall be required to be made when, in the judgment of the Engineer, the total value of the work done since the last estimate or payment amounts to less than three hundred ($300.00) dollars. Payment may at any time be withheld if the work is not proceeding in accordance with the provisions of this Contract. The Engineer may, if he/she deems it expedient so to do, cause estimates to be made more frequently than once in each month, and he/she may approve payments to be made more frequently to the Contractor. The Engineer may at his/her option retain, temporarily or permanently, a smaller amount than aforesaid, and may approve payment to the Contractor, either temporarily or permanently from time to time during the progress of the work, of such portion of the retained amount as he/she may deem prudent. The City, may keep any money which would otherwise be payable at any time hereunder, and apply the same, or so much as may be necessary therefore, to the payment of any expenses, losses, or damage incurred by the City and determined as herein; and may retain, until all claims are settled, so much of such money as the Director shall be of the opinion will be required to settle all claims against the City, its officers, agents or servants. The City may set off any unpaid taxes, fees or other charges or other amounts owed by the contractor against the contract price, in full or partial satisfaction. 20.08 FINAL ESTIMATE AND PAYMENT: It is further mutually agreed that whenever, in the opinion of the Engineer and the Director, the Contractor shall have completely performed all the work embraced in this Contract, the Engineer shall proceed with all reasonable diligence to measure the work and shall make out the final estimate for the same and shall certify the same in writing; and his/her certificate shall state the whole amount of the payments previously paid and the amount retained in all previous estimates. Within the term of thirty (30) days after the date of such final estimate, the City will pay to the said Contractor the amount due. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. Provided that nothing herein contained shall be construed to affect the right of the City by its Director of Public Works hereby reserved, to reject the whole or any portion of the aforesaid work should the said certificate or certificates be found or known to be inconsistent with the terms of this Agreement or otherwise improperly given. 20.9 LAST PAYMENT TO TERMINATE LIABILITY OF CITY: No person or corporation other than the signer of this Contract as Contractor now has any interest hereunder, and no claim shall be made or be valid; and neither the City, nor its Mayor, nor any member or agent thereof, shall be liable for, or be held to pay any money, except as provided for in Sections 20.07, 20.08, 20.16, and 20.33 of the Standard Specifications and in the Contract. The Acceptance by the Contractor of the last payment aforesaid shall operate as and shall be a release to the City, its Mayor, and every member or agent thereof, from all claim or liability to the Contractor for anything done or furnished for, or relating to the work, or for any act or neglect of the City, or of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be of the amount kept or retained as provided for in Section 20.07. ---PAGE BREAK--- 20.10 SITE INVESTIGATION: The Contractor shall examine the Plans, Specifications and site of the work and from his/her own investigation, determine the nature and location of the work, the general and local conditions, particularly those bearing on access, transportation, quality and quantity of surface and sub-surface materials to be encountered, and all other aspects of the work, machinery and services required to complete the project as required by the Contract Documents. The City will not be responsible for any understanding or representation made by any City employee during or prior to negotiation and execution of the Contract, unless such understanding or representation shall be in writing and become a part of the Contract Documents. 20.11 BORINGS AND ESTIMATE OF QUANTITIES NOT WARRANTED: It is expressly understood and mutually agreed to by the parties hereto that the quantities of the various classes of work to be done and materials to be furnished under this Contract have been estimated and are approximate and only for the purpose of comparing on a uniform basis the bids offered for the work. It is also understood that the Contractor has made his/her proposal from his/her own examinations and estimates and shall not hold the City, its agents or employees responsible for or bound by any schedule, estimate, sounding, boring or any plan thereof as being even approximately correct; and should the Contractor encounter quicksand or other difficulties, he/she shall have no claim on that account; and he/she shall, if any error in any plan, drawing, specification or direction relating to anything to be done under this Contract comes to his/her knowledge, report it at once to the Engineer. The Contractor further agrees that neither the City of Lewiston, nor the Director of Public Works, the Engineer, nor either of them separately or together are to be held responsible that any of the quantities be found even approximately correct in the construction of the work, and that the Contractor will make no claim for anticipated profits or for loss of profit because of a difference between the quantities of the various classes of work actually done, or of the materials actually delivered, and any estimated quantities stated in the bids. The Contractor hereby agrees that he/she will complete the entire work to the satisfaction of the Engineer and in accordance with the Specifications and Plans herein mentioned and at the prices agreed upon and fixed therefore. 20.12 COMMENCEMENT OF WORK: The Contractor agrees to commence the work required in the Contract Documents within ten (10) days after the signing of the Contract and deliverance of the Bond, unless otherwise specified in the Supplemental Specifications or directed by the Director of Public Works; and at his/her own cost and expense do and complete all the work and furnish all the labor, machinery, tools and materials, except as specified in the Supplemental Specifications, and to do everything required to build and put into complete working order for the City of Lewiston the work described in the Contract Documents. 20.13 TIME AND ORDER OF DOING WORK: The Contractor agrees that the work shall be commenced and carried on at such points and in such order of precedence and at such times and seasons as may from time to time be directed by the Engineer. It is further agreed that no work shall be done under this Contract on Saturdays or Sundays or on days declared by the State Legislature as Legal Holidays, except in cases of emergency and then only with the consent in writing of the Director of Public Works; nor shall any work be done at night unless authorized in writing by the Director. The Contractor shall make his/her ---PAGE BREAK--- work week conform to that of the Public Works Department. When permission is granted to perform work during times other than this work week, the Contractor shall reimburse the City for any costs for inspection during these periods. 20.14 NO DAMAGES FOR DELAY: The Director may delay the beginning of the work or any part thereof if the City shall not have obtained possession of the land in or upon which the same is to be performed or if for any other reason it becomes necessary to do so. The Contractor shall have no claim for damages on account of such delay, but shall be entitled to so much additional time wherein to perform and complete this Contract on his/her part as the Director shall certify in writing to be just. Whenever any part of the work covered by this Agreement is done in part by or connects with the work so as to accommodate the work of the other contractors and to cooperate with such contractors in mutual agreements as to all such work, and no contractor shall have a claim against the City growing out of the negligence or delay of any other contractor or contractors; but each contractor shall be liable to every other contractor for any such delay or negligence. 20.15 COMPETENT PERSONNEL TO BE EMPLOYED: The Contractor shall employ only competent personnel to do the work; and whenever the Director shall notify the Contractor, in writing, that any person on the work is, in his/her opinion, incompetent, unfaithful, disorderly or otherwise unsatisfactory, such person shall be discharged from the work and shall not again be employed on it except with the consent of the Director. A person certified by the DEP in erosion control best practices must be on-site for any activity that disturbs more than one cubic yard of soil –including earth moving and landscaping operations in the shoreland zone until work is complete and the site stabilized. 20.16 NOT TO SUBLET OR ASSIGN: The Contractor shall give his/her personal attention constantly to the faithful prosecution of the work, shall keep the same under his/her personal control and shall not assign, by power of attorney or otherwise, nor sublet the work or any part thereof, without the previous written consent of the Director; and shall not, either legally or equitably, assign any of the money payable under this Agreement or his/her claim thereto, unless by and with the like consent of the Director. 20.17 DIRECTIONS AND EXPLANATIONS, CORRECTIONS OF ERRORS: The Plans and Specifications are understood to be explanatory of each other, but should any discrepancy appear or any misunderstanding arise as to the import of anything contained in either of them, the parties hereto further agree that the explanation and decision of the Engineer shall be final and binding on the Contractor; and all directions or explanations required or necessary to complete any of the provisions of this Contract and these Specifications and give them due effect shall be given by the Engineer. Correction of any error in the Plans or Specifications may be made by the Engineer, when such correction is necessary for the proper fulfillment of the intention of such Plans or Specifications, the effect of such correction to date from the time that the Engineer gives due notice in writing to the Contractor. ---PAGE BREAK--- 20.18 DUTY TO NOTIFY ENGINEER IF AMBIGUITIES DISCOVERED: The Contractor shall not take advantage of any ambiguity, error, omission, conflict, or discrepancy (“ambiguity, etc.”) contained in the Plans and Specifications that may significantly affect the cost, quality, conformity, or timeliness of the work. If the Contractor discovers any such ambiguity, etc., for which the Contractor may seek adjustments to compensation, time, or other Contract requirements, the Contractor shall provide a written notice stating the nature of the ambiguity, etc. within forty eight (48) hours of discovering or being notified of the ambiguity and before performing any work related to the ambiguity, etc., as provided in Section 20.19 – Early Negotiation. Failure to provide such written notice in compliance with the Contract shall constitute a waiver of all claims related to the ambiguity, etc. 20.19 EARLY NEGOTIATION: A. Notice Required: When the Contractor becomes aware of facts or circumstances that may cause the Contractor to seek additional compensation, time, or any other change in the requirements of the Plans and Specifications (“Issue”), then the Contractor shall notify the Engineer in writing within forty eight (48) hours of identification of the issue and at least 48 hours before commencing any part of the Work relating to the Issue. The notice must describe the basic nature and extent of the Issue. Such notice may be verbal only if confirmed in writing in one of the two following ways: if a Progress Meeting is held within fourteen (14) days of the date that the Issue became known, such Notice may be confirmed with an entry in the Progress Meeting minutes. Such entry must describe the basic nature and extent of the Issue. Otherwise, the Contractor shall confirm a verbal notice by delivering to the Engineer, within fourteen (14) days of the date the Issue arose, a Written Notice that describes the basic nature and extent of the Issue. The written notice or confirmation will be known as a “Notice of Issue for Consideration”. The Contractor will not be entitled to any additional compensation, time, or any other change to the requirements of the Plans and Specifications without a timely Notice of Issue for Consideration. B. Negotiation: When the Engineer receives the Notice of an Issue for Consideration conforming to Section 20.19 A. Notice Required, the Engineer and the Contractor will negotiate in good faith to attempt to resolve the Issue. Any resolution will be noted in the Progress Meeting minutes or confirmed otherwise in writing by the Engineer. Any changes to the Plans and Specifications that affect compensation, time, quality, or other requirements of the Plans and Specifications shall be by written Change Order. 20.20 SUPERINTENDENCE BY CONTRACTOR: At the site of the work, the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he/she ceases to be on the Contractor's payroll. All directions given to such representative in the Contractor's absence shall be as binding as if given to the Contractor. 20.21 ALTERATIONS: It is further agreed that the Engineer may make alterations in the line, grade, form, position, dimension or material of the work herein contemplated, or any part thereof, either before or after the commencement of the work; and that the Director may at any time, order an alterations increase in the amount of work. Such increase shall be paid for according to the ---PAGE BREAK--- quantity actually done as extra work as provided for in Section 20.29. If such alterations diminish the quantity of work to be done, they shall not constitute a claim by the Contractor for damages or for anticipated profits on the work dispensed with and payment will be reduced in an amount determined as provided for in Section 20.30. 20.22 NO CITY EMPLOYEE TO BE INTERESTED: It is further agreed that this Contract shall be utterly void as to the City if any person employed in any capacity by the City of Lewiston is either directly or indirectly interested therein, except as provided by the City Charter. 20.23 WAIVER: No order by the Inspector or the Engineer or any of his/her employees, nor any order, measurement or certificate by the Engineer, nor any order by him/her for the payment of money, nor any payment for, or acceptance of, the whole or any part of the work by the Director, nor any extension of time, nor any possession taken by the Director or his/her employees, shall operate as a waiver of any provision of this Contract, or of any power herein reserved by the Director, or of any right to damages herein provided; nor shall any waiver of any breach of this Contract be held to be a waiver of any other or subsequent breach. Any remedy provided in this Contract shall be taken and construed as cumulative, that is, in addition to each and every other remedy herein provided and the City and the Director shall also be entitled to a writ of injunction against any breach of any of the promises of this Contract. 20.24 ACCESS TO WORK: The Engineer and Director, their assistants and inspectors may, for any purpose, enter upon the work and premises used by the Contractor, and the Contractor shall provide safe and proper facilities therefore. Other City contractors may also, for all the purposes which may be required by their contracts, enter upon the work and premises used by the Contractor. Any difference or conflicts which may arise between the Contractor and other contractors of the City in regard to their work shall be adjusted and determined by the Director. 20.25 ENGINEER TO DETERMINE AMOUNT AND QUANTITY OF WORK, INSPECTION OF MATERIALS: To prevent all disputes and litigations, it is hereby agreed by and between the parties to this Contract that the Engineer shall in all cases determine the amount and quality of the various classes of work which are to be paid for under this Contract; and that the Engineer by himself/herself, or his/her representatives acting under him/her, shall inspect all the materials to be furnished and all work to be done under this Contract to see that the same corresponds to the Specifications herein set forth. The Contractor further agrees that he/she will furnish the Engineer with such information and vouchers relating to the work, the materials therefore, and the persons employed thereon, as he/she shall from time to time request, and will give to the Engineer or his/her representatives all necessary labor, tools and facilities for inspecting the material to be furnished and the work to be done under this Contract. The Engineer has the authority to stop the work whenever such a stoppage may be necessary to insure proper execution of this Contract. He/she also has the authority to reject all work and materials which do not conform to the Specifications or Plans, to direct application of forces to any portion of the work and to order the force increased or diminished as in his/her judgment is required. ---PAGE BREAK--- 20.26 DEFECTIVE WORK AND MATERIALS: The inspection of the work shall not relieve the Contractor of any of his/her obligations to fulfill this Contract as herein prescribed and defective work shall be made good and unsuitable materials may be rejected, notwithstanding that such work and materials have been previously overlooked by the Engineer and accepted or estimated for payment. If the work or any part thereof shall be found defective at any time before the final acceptance of the whole work, the Contractor shall forthwith make good such defect, in a manner satisfactory to the Engineer, and if any materials brought upon the ground for use in the work, or selected for the same, shall be condemned by the Engineer as unsuitable or not in conformity with the Specifications, the Contractor shall forthwith remove such materials from the vicinity of the work. Nothing in this 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 such materials shall, upon being so attached or affixed, become the property of the City. 20.27 SANITARY REGULATIONS: Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation and made fly proof and satisfactory to the Health Officer, shall be constructed and maintained by the Contractor in such a manner and their use shall be strictly enforced. The building or shanties or other structures for housing and personnel will be permitted only at such places as the Director shall approve and the sanitary conditions in or about such shanties or other structures must at all times be maintained in a manner satisfactory to the Director. 20.28 NO INTOXICATING DRINKS: The Contractor shall neither permit or suffer the introduction or use of intoxicating substances upon or about the works embraced in this Contract or upon any grounds occupied by him/her. 20.29 EXTRA WORK: The City of Lewiston reserves the right to add portions of the work required under this Contract, using the unit prices established in the proposal. The City will determine if all work outlined in the plans or portions thereof shall be built under this Contract prior to the Contact signing. The term Extra Work as used herein refers to and includes work required by the City which, in the judgment of the Director, involves changes in or additions to that are required by the Plans and Specifications; provided, however, such changes or additions do not result from the fault of the Contractor. The Contractor shall do any extra work when and as ordered in writing by the Director or his/her agents specially authorized thereto in writing, and shall, when requested by the Director so to do, furnish itemized statements of cost of the extra work ordered and give the Director access to the accounts, bills and vouchers relating thereto. If the Contractor claims compensation for extra work not ordered as aforesaid, or for any damage sustained, he/she shall, within one week after the beginning of any such work or of the sustaining of any such damage, make a written statement to the Engineer of the nature of the work performed or damage sustained and shall, on or before the fifteenth (15th) day of the month succeeding that in which any such extra work shall have been done or any such damage sustained, file with the Engineer an itemized statement of the details and amount of such work or damage; and unless such statements shall ---PAGE BREAK--- be made as so required, his/her claim for compensation shall be forfeited and invalid and he/she shall not be entitled to payment on account of such work or damage. The determination of the Engineer and Director shall be final upon all questions of the amount and value of extra work. If a unit price does not exist, payment for extra work will be actual cost plus fifteen (15%) per cent. For work performed by subcontractors, payment shall be the subcontractors actual cost plus 15%, plus an additional 5% for the Contractor’s oversight. No allowance will be made for overhead costs. 20.30 REDUCTION OF WORK: The City of Lewiston reserves the right to delete portions of the work required under this Contract, using the unit prices established in the Proposal. The City will determine if all work outlined in the Plans or portions thereof shall be built under this Contract prior to the Contract signing. The Contractor shall omit and not perform any portion of the work required by the Contract Documents when ordered in writing by the Director or his/her agents specially authorized thereto in writing. If no unit price exists, it will be an estimate to be made by the Director and the Engineer. Their estimate will be final and binding. These reductions shall not constitute a claim by the Contractor for damage or for anticipated profit on the work dispensed with. 20.31 NO TIME EXTENSION: The Contractor further agrees that the time of completion of the whole work is the essence of the Contract; and that he/she will make every effort to complete the work within the time limit specified in the Supplemental Specifications. In the event the Contractor fails to complete the whole work in the time specified, there shall be deducted from monies due the Contractor, not as a penalty, but as inspection costs, the sum of five hundred ($500.00) dollars for each working day, over and beyond the time limit specified which is required by the Contractor to complete the whole work to the satisfaction of the Engineer and the Director. No extension of the time limit will be considered except in the case of an extremely unusual circumstance beyond the control of the Contractor. Any time extension will be authorized only in writing by the Engineer and Director; in which case the inspection cost charges will begin on the first working day after the extended time limit. 20.32 EMPLOYMENT OF LABOR: The Contractor agrees that in the employment of labor, preference will be given, all things being equal, to citizens of Lewiston, the State of Maine and the United States in their respective order as above noted. 20.33 CONDITIONS UNDER WHICH DIRECTOR MAY COMPLETE WORK: The Contractor hereby agrees that if the work to be done under this Contract shall be abandoned or if this Contract or any part thereof shall be sublet without the previous written consent of the Director, or if the Contract or any claim thereunder shall be assigned by the Contractor otherwise than as herein specified, or at any time the Director shall be of the opinion that the work is unnecessarily or unreasonably delayed, or that the Contractor is willfully violating any of the conditions or agreements of this Contract, or is not executing the Contract in good faith, or is not making such progress in the execution of the work as to indicate its completion within the required time, the Director shall have the power and right to notify the Contractor to discontinue all work or any part thereof under this Contract. Thereupon the ---PAGE BREAK--- Contractor shall discontinue the work or any such parts thereof as the Director shall have the power, by contract with or without advertising, day labor or otherwise as he/she may determine, to employ such labor and obtain such tools and appliances as he/she may deem necessary to work at and be used to complete the work herein described or such parts thereof as the Director may deem necessary, and to use such tools and materials of every description as may be found upon the line of work, and to procure other materials for the completion of the same, and to charge the expense of said labor, tools and materials to the Contractor; and the expense so charged shall be deducted and paid by the City out of such monies as may be due or may become due the Contractor under this Contract or any part thereof. In case such expense is more than the sum which would have been payable under this Contract, if the same had been completed by the Contractor, then the Contractor shall pay the amount owed by the City under this Contract at the time the Contractor is notified in writing to discontinue the work or any part thereof, plus the amount of the Bond executed by the Contractor for the performance of the Contract. 20.34 PAYMENT FOR MATERIALS: Payments will be made in accordance with the price stated in the Contract. The Contractor may include requests for payment of material delivered to the job site when such requests are accompanied by invoices substantiating the requests for material payment satisfactory to the City. 20.35 GUARANTEE: The Contractor guarantees that the work to be done under this Contract will be done in a good and workmanlike manner and all materials, whether furnished by him/her or the City used in the construction of the work, will be free from defects and flaws and in conformity with the Plans and Specifications in all respects. This guarantee will be for a period of one year after the date of acceptance of the whole work by the City of Lewiston. The Contractor shall at all times, until the final acceptance of the whole work, keep the surface of the streets in the position and condition required by these Plans and Specifications. If at any time within the period of the guaranty, any other part of the work constructed under the terms of this Contract shall in the opinion of the Director of Public Works require repairing, the Director shall notify the Contractor in writing to make the required repairs. If the Contractor shall neglect to make such repairs to the satisfaction of the Director within the time limit as set forth in the notice in writing to the Contractor of the required repairs, then the Director of Public Works may make the necessary repairs, by contract or otherwise, and the City shall have a claim against the Contractor in the amount of the expense incurred by the City in making such repairs. It is hereby, however, specifically agreed and understood that this guaranty shall not include any repairs made necessary by any cause or causes other than defective work or materials. 20.36 WORK DAY: A work day shall be any day, other than a State of Maine legal holiday, Saturday or Sunday, on which weather and working conditions permit the Contractor to make effective use of not less than seventy-five (75%) per cent of the hours during the regular work day. In the event the Contractor is granted permission to engage in work on a legal holiday or Sunday, such a day will be considered and counted as a work day.