Document Lewiston_doc_434824ca7e

DEPARTMENT OF PUBLIC WORKS CONTRACT AND CONTRACT DOCUMENTS FOR CITY OF LEWISTON PUBLIC WORKS OPERATIONS CENTER OFF-SEASON EQUIPMENT STORAGE BUILDING . PREPARED BY CITY OF LEWISTON BUILDING DIVISION ---PAGE BREAK--- TABLE OF CONTENTS PAGE NO. NOTICE TO CONTRACTORS N-1 PROPOSAL FORM P-1 CONTRACT FORM C-1 I. GENERAL PROVISIONS 10 II. EARTHWORK 20 III. STRUCTURAL EXCAVATION 30 IV. BORROW & BEDDING MATERIALS 40 V. BACKFILLING, COMPACTION, CONTROL & TESTING 50 VI. CAST IN-PLACE CONCRETE 60 VII. CONCRETE FORMWORK 70 VIII. CONCRETE REINFORCEMENT 80 IX. OVERHEAD DOORS 90 X. ELECTRICAL 100 ---PAGE BREAK--- Bid No: 2014 -016 Bid Date: 4/08/2014 CITY OF LEWISTON, MAINE NOTICE TO CONTRACTORS Sealed proposals for furnishing all design, labor, materials, and equipment required to build a sixty (60’) foot by ninety (90’) foot Public Works Operations Center Off-Season Equipment Storage Building, located on River Road will be received by the City of Lewiston, Maine at the office of the Director of Budget/Purchasing until 2:00 p.m., on April 8, 2014, then at said office publicly opened and read aloud. Each bidder 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 bidder 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 bidders are required to attend a Pre-Bid Conference to be held at the proposed project site, at 195 River Road next to the Goddard Cemetery, Lewiston, Maine on March 11, 2014 at 2:00 P.M. Attendance at this meeting by the Bidder or his/her qualified representative is a mandatory prerequisite for the acceptance of a bid from that Contractor. The proposal must be signed by the bidder 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 bidder and entitled: PUBLIC WORKS OPERATIONS CENTER OFF-SEASON EQUIPMENT STORAGE BUILDING and addressed to: "Director of Budget/Purchasing, City Hall, Lewiston, Maine 04240". 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 Budgeting/Purchasing, City Hall, Lewiston, Maine." All mailed proposals should be sent by registered mail to insure delivery. Any bidder 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 bidder 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. 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 waive any formality and may consider as informal any Proposal not prepared and submitted in accordance with these provisions. The City reserves the right to negotiate with the low bidder to bring projects down to within budget. N-1 ---PAGE BREAK--- 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 total bid 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. A Performance Bond and a Labor and Material Payment Bond, preferably executed on AIA Bond Form Number A311 in an amount equal to the total contract price, of a surety company satisfactory to the Director of Budget/Purchasing, will be required of the successful bidder to insure completion of the work and the proper fulfillment of the conditions of the Contract. The total contract price shall mean the negotiated price agreed to by the Design/Build Contractor and the City of Lewiston. The work is to be commenced within ten (10) days after the date of the contract unless otherwise specified in the Specifications or directed by the Director of Budget/Purchasing Agent, 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. Bidders shall state prices for each separate item of work as called for in the Proposal Form. These prices are to cover all the expenses incidental to the completion of the work in full conformity with the Contract Documents. The prices must be stated in both 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. Proposals which do not contain prices for all items which are called for or which otherwise are not in conformity with this Notice may be rejected. Each bidder 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 Engineer. 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. Contract Documents can be obtained on the City Website at: www.lewistonmaine.gov under Purchasing and “Bids and Awards”. Contract documents can also be viewed at the following locations: Associated Constructors of ME, 188 Whiten Road, Augusta, ME 04330 Tel. no. 622-4741 Fax no. 622- 1625 Email: [EMAIL REDACTED] N-2 ---PAGE BREAK--- Construction Summary of Maine, 734 Chestnut Street, Manchester, NH 03104 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.” The Supplemental and Standard 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, the Supplemental Specifications shall govern. The work to be done under the Contract is described in the general requirements of the Specifications and shall be done in accordance with the performance specifications prepared by the City of Lewiston, Department of Public Works, Building Division. 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 includes for any item a bid that is abnormally low or high, may be rejected as unbalanced. The investigations of the bidder 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 Contractor is a " responsible and eligible bidder" in conformity with the requirements of the Contract. All questions by prospective bidders as to the interpretations of the Information for bidders, Forms of the Proposal, Form of the Contract, Plans, Specifications, or Bonds, must be submitted in writing to the City of Lewiston, Building Division, 103 Adams Avenue, Lewiston, Maine, 04242 at least five days before the date herein set for the opening of bids. An interpretation of all questions so raised which, in their opinion, require interpretation will be mailed by certified mail with return receipt requested to prospective bidders at the addresses given by them not later than five days before the date of opening bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his/her bid as submitted. All Addenda so issued shall become part of the Contract Documents. Addenda issued later than three days prior to the scheduled opening of the proposals may be by telephone. Bidders shall acknowledge receipt of all Addenda in the space provided therefor 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 mail or telephone. N-3 ---PAGE BREAK--- The Contract shall be awarded to the lowest responsible and eligible bidder. Such a bidder must possess the skill, ability, and integrity necessary to the faithful performance of the work. The term " lowest responsible and eligible bidder" as used herein shall mean the bidder whose bid is the lowest of those bidders possessing the skill, ability, and integrity necessary to the faithful performance or the work. At the time of the bid opening, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the contract documents (including all addenda). The failure or omission of any bidder 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 Bidder submitting a Bid 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 (e.i. Contractor) 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. N-4 ---PAGE BREAK--- STATEMENT OF BIDDER'S QUALIFICATIONS All Questions must be answered and the data given must be clean and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The bidder may submit any additional information he/she desires. 1. Name of Bidder. 2. Permanent main office address. 3. How many years have you been engaged in the building of similar type facilities as specified? 4. List the last 3 projects for each building system recently completed by your company, stating the approximate size, cost of each, and the month and year. Include owner name, address and telephone number. 5. Background and experience of the principal members of your organization including the office and the superintendent who will be supervising the job. 6. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Lewiston? 7. List the following project subcontractors: Earth Work Concrete Foundation and Floor Roofing Overhead Door/ Personnel Door Electrical 8. List the following material and equipment manufacturers: Building Framing System Building Sidewall System Roofing Membrane System N-5 ---PAGE BREAK--- Overhead Doors Personnel Doors Lighting Fixtures Dated at By Title State )as County duly sworn deposes and says that he/she is that the answers to the foregoing questions and all statements therein contained are correct. Subscribed and sworn to before me this______day of 2014. My commission 2014. N-6 ---PAGE BREAK--- CITY OF LEWISTON PROPOSAL FOR PUBLIC WORKS OPERATIONS CENTER OFF-SEASON EQUIPMENT STORAGE BUILDING To: Director of Budget/Purchasing City Hall, Lewiston, Maine Dear Sir: 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 design work, machinery, tools, labor, equipment and other means of construction and to do all the work and to furnish all the materials, 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 Engineer and/or Director of Public Works as provided for therein; and that he/she will accept in full payment therefor the following sums to wit: ITEM EST. QTY.& NO. PAY UNIT ITEM DESCRIPTION & UNIT 1. Lump Sum Furnish Design, Materials, & Build a sixty (60’) Foot by ninety (90’) Foot Operations Center Off Season Equipment Storage Building: Alternate Bid Items 1 Lump Sum Reduction in Cost if the City of Lewiston Department of Public Works Shall Complete All Earth Work: $ - 2. Lump Sum Additional Cost to Furnish and Install LED Lighting : 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 and furnish the required Bonds 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 and deliverance of the Bonds, unless otherwise specified in the Supplemental Specifications or directed by the work to its completion within the time limit specified in the Supplemental Specifications. P-1 ---PAGE BREAK--- 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 ($200.00) dollars 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 Engineer and the Director of Public Works. 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. P-2 ---PAGE BREAK--- Company name Signature Printed name & title Address Firm’s IRS ID # Telephone # Fax # E-mail address Date P-3 ---PAGE BREAK--- CITY OF LEWISTON, MAINE CONTRACT FOR PUBLIC WORKS OPERATIONS CENTER OFF-SEASON EQUIPMENT STORAGE BUILDING This Agreement, made and entered into this day 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 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 under the penalties expressed in the Performance Bond and the Labor and Material Payment Bond as follows: That this Agreement includes the following documents, hereinafter referred to as 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 design, materials, tools and equipment, 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: ITEM EST. QTY.& NO. PAY UNIT ITEM DESCRIPTION & UNIT TOTAL 1. Lump Sum Furnish Design, Materials, & Build a sixty (60’) Foot by ninety (90’) Foot Operations Center Off Season Equipment Storage Building: C-1 ---PAGE BREAK--- Alternate Bid Items 1 Lump Sum Reduction in Cost if the City of Lewiston Department of Public Works Shall Complete All Earth Work: $ - 2. Lump Sum Additional Cost to Furnish and Install all LED Lighting The party of the second part represents and warrants: That the term Contract Document as used herein shall mean and include the Notice to Contractor, the Proposal, the Contact Form, the Supplemental Specifications, the Standard Specification, the Contract Plans and any addenda and Interpretation to the above issued prior to the date of this Contract; and: 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 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 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 said by thereunto duly authorized have hereunto set their hands and seals the day and year first above written. Signed in the presence of: City of Lewiston, Maine Witness Edward A. Barrett, City Administrator Witness , Contractor C- 2 ---PAGE BREAK--- I. GENERAL PROVISIONS 1. Scope of work 10-1 2. Time Limit 10-1 3. Contract and Contract Documents 10-2 4. Definitions 10-2 5. Materials, Services and Facilities 10-2 6. Contractor's Title to Materials 10-2 7. Inspection and Testing 10-2 8. Manufacturers Specified 10-3 9. Contractor's Obligations 10-3 10. Protection of Work and Property – Emergency 10-4 11. Reports, Records and Data 10-4 12. Superintendence by Contractor 10-4 13. Extra Work 10-5 14. Time for Completion 10-5 15. Defective Work 10-5 16. Claims for Extra Costs 10-6 17. Right of Owner to Terminate Contract 10-6 18. Construction Schedule 10-7 19. Payments to Contractor 10-7 20. Certificate of Completion 10-8 21. Final Payment 10-8 22. Money to be Retained 10-8 23. General Guaranty 10-9 24. Insurance 10-9 25. Contract Security 10-10 26. Not to Sublet or Assign 10-10 27. Responsibility for Work 10-11 28. Engineer's Authority 10-11 29. Care and Protection of Property 10-12 30. Quantities of Estimate 10-12 31. No Damages for Certain Delays 10-13 32. Required Provisions Deemed Inserted 10-13 33. Protection of Lives and Health 10-13 34. Laws and Regulations 10-13 35. Extension of Time: No Waiver 10-14 36. Waiver 10-14 37. Legal Address of Contractor 10-14 38. Arbitration 10-14 39. Liquidated Damages 10-14 40. Safety and Health Regulations 10-15 41. Mutual Responsibility of Contractors 10-16 42. Access to Work 10-16 43. Pre-bid Meeting 10-16 44. Selection Process 10-16 45. Qualifications 10-16 10-0 ---PAGE BREAK--- 1. SCOPE OF WORK It is the intention of these Contract Documents to require the Contractor to bear the full responsibility for design, supply of materials, and building a sixty (60’) by ninety (90’) Off-Season Storage Equipment Storage building to be located at the Public Works Operations Center at 195 River Road in Lewiston, ME. The successful bidder will be awarded a contract to provide all design services and labor, equipment and materials to construct a complete building as described below. The building will meet all building codes of the National, State of Maine, and City of Lewiston. The contractor will be responsible for obtaining all permits and approvals. Any permit or inspection fees will be paid by the City. The building will be located roughly in the location shown on the attached map of the site. At the end of construction the contractor will provide a complete set of as-built plans signed and sealed by a State of Maine licensed engineer. Contractor is responsible for visiting the site and being fully aware of all site conditions prior to submitting a bid. Building • 60’ x 90’ Clear-span Building; • Concrete footer/foundation. The foundation shall extend four feet above the floor elevation; Doors • Furnish and install two 14’ x 14’ overhead garage doors centered on both the sixty foot wide walls with AC motorized openers and chain hoist over-ride; • Furnish and install two personnel doors with windows on both the end walls; Floor • 16’ concrete center aisle centered on garage doors going full length of building. Slab will be designed and constructed to support D-9 tracked bull-dozer; • Remaining floor area will be flush with center aisle and can be either concrete or asphalt; Electrical • Electrical service will be provided from existing pole(s) along southerly side of River Road; • Lighting will be provided for 200 lux (lumen/m2) or ~20 ft. candles throughout the inside of the building. The lights will be controlled by motion sensors that will be activated by motion within the building. An over-ride switch will be located inside at each personnel door; • An exterior light will be provided at each personnel door with separate switch and be activated by photo sensors; • Outlet boxes will be spaced not less than 1 every 20 feet on the perimeter of the inside of the building • Furnish and install one block heater outlet for bull dozer at the south end of the building. Drainage • Slope finish floor toward the middle and out towards the overhead doors openings. The City of Lewiston has included an option in the Alternate Bid Items No. 1 to have all earthwork, structural excavation, borrow and bed material, backfilling, compaction, and related tasks completed by the Department of Public Works. 2. TIME LIMIT The Contractor shall complete all of the work outlined in the Contract Documents by August 1, 2014. The Director of Public Works 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 materials or other justifiable reasons. The Contractor shall be responsible for ordering materials The decision of the Director of Public Works or his/her representative regarding the time extension will be final. 10-1 ---PAGE BREAK--- 3. CONTRACT AND CONTRACT DOCUMENTS Notice to Contractors, Proposal and Specifications shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The Table of Contents, Titles and Headings, contained herein in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. 4. DEFINITIONS The word "Owner" shall mean the City of Lewiston, Maine, acting through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. The word "Site" shall mean the specific area adjacent to and including the area upon which the construction work is performed. The word "Contractor" shall mean the party entering into this Contract for the performance of the work required, or the legal representative of said party, or the agent appointed to act for said party in the performance of the work. The word "Engineer" shall mean Director of Public Buildings, City of Lewiston, acting either directly or through properly authorized persons. The word "Subcontractor" shall mean a person, firm or corporation supplying labor and materials or only labor for work at the site of the project for and under separate contract or agreement with the Contractor. 5. MATERIALS, SERVICES AND FACILITIES It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all design, materials, labor, tools, equipment, light, power, transportation, superintendence, temporary construction of every nature and all other services and facilities of every nature whatsoever necessary to execute, complete and deliver the work within the time stated in the Proposal. Any work necessary to be performed after regular working hours, on Sundays or on Legal Holidays, shall be performed without additional expense to the Owner. 6. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he/she has good title to all materials and supplies used by him/her in the work, free from all liens, claims or encumbrances. 7. INSPECTION AND TESTING All material and workmanship shall be subject to inspection, examination, and test by the Engineer or representatives of the Owner at any and all times during construction. The Contractor shall conduct such tests as are described in the detailed specifications. Rejected material shall be removed from the site of the work. 10-2 ---PAGE BREAK--- Work that is unsatisfactory, or fails to comply with the specifications in the opinion of the Engineer, shall be corrected by the Contractor at his/her own expense to the satisfaction of, and within the time limits set by the Engineer. Without limiting in any way, any failure to correct work in the manner prescribed by the Engineer shall be a violation of this Contract of sufficient magnitude to justify termination by the Owner. Without additional charge, the Contractor shall furnish all reasonable facilities, labor, and materials necessary to make tests to determine the acceptability of materials or the quality of workmanship. 8. MANUFACTURERS SPECIFIED An item equal to that named or described in the Specifications of the Contract may be furnished by the Contractor, and the naming of any commercial name, trademark or other identification shall not be construed to exclude any item or manufacturer not mentioned by name or as limiting competition, but shall establish a standard of equality only. An item shall be considered equal to the item so named or described if it is at least equal in quality, durability, appearance, strength, and design, it will perform at least equally the specific function imposed by the general design for the work being contracted for or the material being purchased, and it conforms even with deviations, to the detailed requirements for the item in the Specifications. The name and identification of all materials other than one specifically named shall be submitted to the Owner in writing for approval, prior to purchase, use, or fabrication of such items. Subject to the provisions of any applicable laws, approval shall be at the sole discretion of the Owner, shall be in writing to be effective, and the decision of the Owner shall be final. The Owner may require tests of all materials and equipment so submitted to establish quality standards at the Contractor's expense. All directions, specifications, and recommendations by manufacturers for installation, handling, storing, adjustment, and operation of their equipment shall be complied with; responsibility for proper performance shall continue to rest with the Contractor. For the use of material and equipment other than one specified, the Contractor shall assume the cost of, and responsibility for, satisfactorily accomplishing all changes (including engineering costs of building redesign by the Engineer), in the work as specified. If no manufacturer is named, the Contractor shall submit the product he/she intends to use for approval of the Owner. Except as otherwise provided for by the provisions of any applicable laws, the Contractor shall not have any right of appeal from the decision of the Owner condemning any materials or equipment submitted if the Contractor fails to obtain the approval for substitution under this clause. Any additional cost incurred by an approved substitution shall be at the Contractor's expense. The Contractor shall comply with laws, ordinances, rules, orders and regulations relating to the performance of the work. 9. CONTRACTOR'S OBLIGATIONS The Contractor shall and will, in good workmanlike manner, do all design, perform all work and furnish and pay for all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, within the time stated in the Supplemental Specifications in accordance with the Plans and drawings and specifications covered by this Contract, and any and all Supplemental Plans and Drawings, in accordance with the direction of the Engineer as given from time to time during the progress of the work, whether or not he/she considers the directions in accordance with the terms of the Contract. 10-3 ---PAGE BREAK--- He/she shall furnish, erect, maintain and remove such construction plant and such temporary work as may be required. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and complete the entire work to the satisfaction of the Engineer and the Owner. 10. PROTECTION OF WORK AND PROPERTY-EMERGENCY The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this Contract. He/she shall at all times safely guard and protect his/her work, and that of adjacent property, from damage. The Contractor shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the Contracts, or by the Owner, or his/her duly authorized representatives. The Contractor shall take all necessary precautions for the safety of employees on the work, and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. He/she shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workmen and the public and shall post danger signs warning against the hazards created by such factures of construction as protruding nails, hoists, scaffolding, window openings, stairways, trenches and other excavations, and falling materials, and he/she shall designate a responsible member of his/her organization on the work, whose duty shall be the prevention of accidents. The name and position of any person so designated shall be reported to the Engineer by the Contractor. The person so designated shall be available by phone during non-working hours. 11. REPORTS, RECORDS AND DATA The Contractor shall submit to the Engineer such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as may be requested concerning work performed or to be performed under this Contract. At least ten days prior to preparation of the payment, the Contractor shall provide a complete breakdown of the cost of lump sum items in the Proposal in such a manner that the breakdown may be used as a basis for estimating the value of work completed to the end of any month. The extent and basis of the breakdown shall meet the Engineer's approval. 12. 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. 10-4 ---PAGE BREAK--- 13. EXTRA WORK The Owner may at any time by written order and without notice to the sureties require the performance of such extra work or changes in the work as may be found necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work so ordered shall be made in accordance with whichever of the following plans the Owner elects: a price agreed upon between the parties and stipulated in the order for the extra work, a price determined by adding 15% to the "reasonable cost" to be determined by the Engineer in accordance with the following paragraph. In arriving at the "reasonable cost" for the purposes of above, the Engineer shall include the reasonable cost to the Contractor of all materials used, of all labor common and skilled, of foreman, trucks, and the fair-market rental rate for all machinery and equipment for the period employed directly on the work. The reasonable cost for extra work shall include the cost to the Contractor of any additional insurance that may be required covering public liability for injury to persons and property, the cost of Workman's Compensation Insurance, Federal Social Security, and any other costs based on payrolls, and required law. The cost of extra work shall not include any cost or rental or small tools, buildings, or any portion of the time of the Contractor, his/her project supervisor or his/her superintendent, or and allowance for use of capital or the premium on the bond as assessed upon the amount of extra work, these items being considered covered by the fifteen percent (15%) added to the reasonable cost. In the case of extra work which is done by subcontractors, whether these are under the specific Contract items provided herein, or otherwise if so approved by the Engineer, the 15% added to the reasonable cost of the work will be allowed only to the subcontractor. On such work, an additional 5% of the reasonable cost (before addition of the 15%) will be paid to the Contractor for his/her work in directing the operations of the subcontractors and for any overhead involved. 14. TIME FOR COMPLETION It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion, as specified in the Contract Documents and Supplemental Specifications, of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced as stated in the Proposal. The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time stated in the Proposal. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the usual industrial conditions prevailing this locality. 15. DEFECTIVE WORK The inspection of the work shall not relieve the Contractor of any of his/her obligations to fulfill his/her 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 or paid for. 10-5 ---PAGE BREAK--- If the work or any party thereof shall be found defective at any time before the final acceptance of the whole work, or the final payment therefor, the Contractor shall forthwith make good such defect in a manner satisfactory to the Engineer, and if any material brought upon the ground for use in the work, or selected for the same, shall be condemned by the Engineer as unsuitable, the Contractor shall forthwith remove such materials from the vicinity of the work and shall replace at his/her own expense damaged or unsuitable materials with the new material of satisfactory quality. Neither the foregoing nor any provision of these Contract Documents, nor any special guarantee time limit, shall be held to limit the Contractor's liability for defects to less than the legal limit of liability in accordance with the law of the place of the construction. The Contractor shall pay the Owner all expenses, losses, and damages as determined by the Engineer incurred in consequence of any defect, omission, or mistake of the Contractor or his/her employees or the making good thereof. 16. CLAIMS FOR EXTRA COSTS No claim for extra work or cost shall be allowed unless the same was done in presence of written order of the Engineer and the claim presented prior to the issuance of the final payment. When work is performed under the "reasonable cost" method as outlined in Article 15 of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and, when requested by the Engineer, give the Engineer access to accounts relating thereto. 17. RIGHT OF OWNER TO TERMINATE CONTRACT If the Contractor or any of his/her subcontractors shall be adjudged bankrupt or if he/she shall make a general assignment for the benefit of his/her creditors or if a receiver shall be appointed of his/her property, or if the work to be done under his/her Contract shall be abandoned, or if this Contract or any part thereof shall be sublet, without the previous written consent of the Owner, or if the Contract or any claim thereunder shall be assigned by the Contractor otherwise than as herein specified, or at any time the Engineer shall certify in writing to the Owner that the rate of progress of the work or any part thereof is unsatisfactory, or that the work or any part thereof is unnecessarily or unreasonably delayed, or that the Contractor has violated any of the provisions of this Contract, or if the Contractor shall fail to carry out any order of the Engineer, the Owner may, by serving written notice upon the Contractor and the Surety, immediately terminate the Contract. The Surety shall have the right to take over and perform the Contract, provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination the Owner may take over the work and prosecute the same to completion by contract or by force account for the account and at the expense of the Contractor, and the Contractor and his/her Surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work, such materials, machinery, appliances, and plant as may be on the site of the work and necessary therefor. The Contractor, by signing this Contract, gives the Owner in the event of default, the right to use such aforesaid articles to the full extent which they could be used by the Contractor. The Owner shall not be liable to the Contractor for trespass or conversion. All expenses charged under this article shall be deducted and paid for by the Owner out of any money then due or to become due the Contractor under this Contract or any part thereof, and in such account the Owner shall not be held to obtain the lowest figures for the work of completing the Contract or any part hereof or for insuring its proper completion, but all sums actually paid thereafter shall be charged to the Contractor and his/her Surety. In case the expenses so charged are less than the sum which would have 10-6 ---PAGE BREAK--- been payable under this Contract if the same had been completed by the Contractor, the Contractor shall be entitled to receive the difference; and in case such expenses shall exceed the said sum, the Contractor and his/her Surety shall pay the amount of the excess to the Owner upon completion of the work without further demand being made therefor. 18. CONSTRUCTION SCHEDULE Before any work has begun, the Contractor shall discuss fully with the Engineer the order and manner of doing the work, and the operating procedures shall at all times comply with the requirements of the Engineer. 19. PAYMENTS TO THE CONTRACTOR The Contractor, shall, upon written agreement with the Owner, be paid in accordance with the agreed upon payment schedule, established mutually by both parties, for the manufacture and fabrication of the materials and equipment as herein specified. The Owner will once each month, after the commencement of the field installation work, make a progress payment to the Contractor on the basis of an estimate of the total amount of work done to the time of such estimate and the value thereof as prepared by the Manager. The Owner shall retain ten percent (10%) of the amount of such estimated value until final completion and acceptance of all work as part security for the fulfillment of the Contract by the Contractor. The amount of the progress payment shall be the balance not retained as aforesaid, after deduction therefrom all previous payments and all other sums to be kept or retained under the provisions of the Contract. The Contractor shall have no right to either terminate the Contract or to claim damages if he/she considers partial payments inadequate. The Contractor agrees that he/she will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The Contractor shall furnish to the Owner satisfactory evidence that all obligations of the nature hereinabove designated have been paid, 10-6 discharged, or waived. If the Contractor fails to do so, then the Owner may, after having served written notice on the said Contractor, either pay unpaid bills, of which the Owner has written notice, direct, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his/her Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner, shall be considered as payment made under the Contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payment made in good faith. 10-7 ---PAGE BREAK--- 20. CERTIFICATE OF COMPLETION Upon the completion of all work whatsoever required, the Engineer shall file a written certificate with the Owner and with the Contractor as to the entire amount of work performed and compensation earned by the Contractor including Extra Work and compensation therefor, and including the date of completion. 21. FINAL PAYMENT Within thirty (30) days after the filing of the Certificate of Completion, the Owner shall pay to the Contractor the amount therein stated, less all prior payments and advances whatsoever, to or for the account of the Contractor, and less the amount to be retained as herein provided for the making of repairs. All prior estimates and payments including those relating to Extra Work shall be subject to correction by this payment which is throughout this Contract called Final Payment. 22. MONEY TO BE RETAINED The Owner may keep any monies which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages incurred by the Owner and determined as herein provided and may retain until all claims are settled, so much of such monies as in the opinion of the Owner will be required to settle all claims against the Owner and its officers and agents specified in the Specifications, and all claims for labor and materials used or employed in the work and all appliance and equipment employed in the work, filed in accordance with state and local laws or the Owner may make such settlements and apply thereto any monies retained under this Contract. Should the Contractor neglect to pay any undisputed claim, made in writing to the Owner within thirty (30) days after completion of the work, but continuing unsatisfied for a period of ninety (90) days, the Owner may pay such claim and deduct the amount thereof from the balance due the Contractor. The Owner may also, with the written consent of the Contractor, use any monies retained, due, or to become due under this Contract for the purpose of paying for both labor and materials for the work, for which claims have not been filed. Security is provided both by the payment bond and the power of the Owner to retain any monies for claims, but payment by one shall in no way impair or discharge the liability of the other. Any and all liens for work and materials may be paid off by the Owner within a reasonable time after filing for record in accordance with state and local laws, a notice of such liens except where the claim on which the lien is filed is being litigated by the Contractor, and in such case the Owner may pay the amount of any final judgment or decree or any such claim within a reasonable time after such final judgment or decree shall be rendered. All monies paid by the Owner in settlement of liens as aforesaid, with the costs and expenses incurred by the Owner in connection therewith, shall be charged to the Contractor, shall bear interest at the rate of six percent per annum, and shall be deducted from the next payment due the Contractor under the terms of this Contract. 10-8 ---PAGE BREAK--- 23. GENERAL GUARANTEE Neither the Certificate of Completion nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. This Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date upon which the Certificate of Completion is filed with the Owner by the Engineer. Neither the foregoing nor any provision of these Contract Documents, nor any special guarantee time limit, shall be held to limit the Contractor's liability for defects, to less than the legal limit of liability in accordance with the law of the place of the construction. 24. INSURANCE 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 procure and maintain for the life of this Contract insurance of the types and to the limits specified below. Certificates of such insurance showing policies and adequacy of protection shall be filed with the Director of Budget/Purchasing for his/her approval before permission to commence work will be granted. 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 when the contract in signed. WORKERS’ COMPENSATION: 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. AUTOMOTIVE LIABILITY INSURANCE: Automotive Liability insurance with minimum limits of liability for bodily injury in the amount of $400,000 for each occurrence and minimum limits of liability for property damage in the amount of $50,000/$100,000 aggregate. GENERAL LIABILITY INSURANCE: General Liability insurance with minimum limits of liability for bodily injury in the amount of $500,000 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. “In the event of cancellation, change or expiration of any of the foregoing policies, ten (10) days written notice will be mailed to the City of Lewiston.” 10-9 ---PAGE BREAK--- e. Builder's Risk to cover items stolen or damaged for the full amount of equipment. PROPERTY INSURANCE - BUILDER'S RISK OR INSTALLATION FLOATER The Contractor shall submit to the Owner written evidence of Property insurance complete replacement cost value of the building at the site to the full insurable value thereof including the interests of the Owner, the Contractor, the subcontractors, and any others with an insurable interest so designated by the Owner. The policy shall insure against all risks of physical damage except as modified by the Contract Documents and subject to the normal all risk exclusions. The policy by its own terms or by endorsement shall specifically permit partial or beneficial occupancy prior to completion or acceptance of the entire work. LOSS ADJUSTMENT Any insured losses to be adjusted with the Contractor and made payable to the Contractor as trustee for the parties in interest as their interests may appear subject to the requirements of any applicable mortgage clause. The Contractor as trustee shall have the power to adjust and settle any loss with the insurers unless one of the other parties interest shall object in writing to the Contractor exercising this power within fifteen calendar days after the occurrence of loss, and if such objection is made, arbitrators shall be chosen. The Contractor as trustee shall in that case make settlement with the insurers in accordance with the directions of such arbitrators. If required in writing by any other part in interest, the Contractor shall give bond for proper performance of his/her duties as trustee. He/she shall deposit in a separate account any money so received and he/she shall distribute it with such agreement as the parties at interest shall reach or in accordance with an award by arbitration. If, after the loss, no other special agreement is made, replacement of the work damaged shall be covered by appropriate change order. WAIVER OF SUBROGATION The Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by Property insurance or any other valid and collectible insurance except such rights as they may have to the proceeds of such insurance held by the Contractor or Owner as trustee. The Contractor shall require similar waivers of subrogation from his/her subcontractors and sub- subcontractors. 25. CONTRACT SECURITY The Contractor shall furnish security for faithful performance of the Contract and for the payment of all labor and materials used or employed in the carrying out of the Contract. Such security shall be in the form of two bonds as described in the Information for Bidders. The bonds shall be in accordance with all state and local laws. 26. NOT TO SUBLET OR ASSIGN The Contractor shall give his/her attention constantly to the faithful prosecution of the work, shall keep the same under his/her personal control, and shall not sublet the work or any part thereof without previous written consent of the Owner, and shall not either legally or equitably assign any of the monies 10-10 ---PAGE BREAK--- payable under this Contract or his/her claim thereto unless by and with the written consent of the Owner. In case the Contractor assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the Contractor shall be subject to prior claims of all persons, firms and corporations for services rendered or materials supplied for the performance of the work called for in this Contract. 27. RESPONSIBILITY FOR WORK The Contractor shall take all responsibility for 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 construction site in or on which the work is done is different from what was estimated or expected. The Contractor shall pay all debts for labor and materials contracted for by him/her on account of the work herein contemplated. The Contractor shall assume the defense of, and indemnify and save harmless, the Owner and its officers and agents, from all claims relating to labor and materials furnished for the work; to infringements or alleged infringement of inventions, patents and patent rights used in, or in connection with the work or however originating from any of the work under this Contract or from conditions created thereby; to injuries to any persons or corporation or to damages to any property or any person or corporation caused by the acts or negligence of the Contractor or any of his/her agents or employees, or of any subcontractor or any agents or employees of any subcontractor, in doing the work or in consequence of any improper materials, implements or labor used therein; and shall fully reimburse and repay to the Owner all outlay and expense which the Owner may incur by reason of his/her failure to do so. The Contractor shall satisfy all suits and claims against the Owner arising from the violation of any law, ordinance, regulation, order, or decree on the part of the Contractor or any of his/her agents or employees, or any subcontractor, or agent or employees of any subcontractor; shall fully indemnify and save harmless the Owner against and from all cost, loss, and damage which the Owner may suffer by reason of his/her failure to do so; and shall fully reimburse and repay to the Owner all outlay and expense which the Owner may incur in making good any such default. The Contractor shall fully complete the work required to be done under this Contract, free from all liens and claims of any kind whatsoever; and in all other particulars shall faithfully and fully perform the Contract on his/her part according to all the provisions, terms, covenants, and conditions hereof and within the time specified herein. The work shall be entirely at the Contractor's risk until the same is fully completed and accepted, and he/she will be held liable to an amount not less than the Owner's interest in the same as shown by payments on account. 28. ENGINEER'S AUTHORITY The Engineer shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Engineer's estimates and decisions shall be final and conclusive except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or Specifications, the determination of decision of the Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this Contract affected in any manner or to any extent by such question. 10-11 ---PAGE BREAK--- The Engineer shall decide the meaning and intent of any portion of the Specifications and of any plans or Drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the Contractor under this Contract and other contractors performing work for the Owner shall be adjusted and determined by the Engineer. 29. CARE AND PROTECTION OF PROPERTY The Contractor expressly undertakes at his/her own expense: To assume full responsibility for the preservation of all public and private property, and use every precaution necessary to prevent damage thereto. If any direct or indirect damage is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work on the part of the Contractor, such property shall be restored by the Contractor, at his/her expense, to a condition similar or equal to that existing before the damage was done, or he/she shall make good the damage in another manner acceptable to the Engineer. No representations are made concerning the condition, location or state of repair of existing construction. To store his/her apparatus, materials, supplies, and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his/her work or the work of any other contractor; To provide suitable storage facilities for all materials which are liable to injury by exposure to weather, theft, breakage, or otherwise; To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; To clean up frequently all refuse, rubbish, scrap materials, and debris caused by his/her operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; To remove all surplus materials, false-work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his/her operations, and to put the site in a neat, orderly condition before final payment; To effect all cutting, fitting or patching of his/her work required to make the same conform to the Plans and Specifications and, except with the consent of the Engineer, not to cut or otherwise alter the work of any other Contractor; The Contractor shall not, except after written consent from proper parties, enter or occupy with person, tools, materials or equipment, any privately-owned land except on easements provided herein. 30. QUANTITIES OF ESTIMATE Wherever the estimated quantities of work to be done and materials to be furnished under this Contract are shown in any of the documents including the Proposal, they are given for use in comparing bids and the right is especially reserved except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this Contract, and such increase or reduction shall in no way invalidate this Contract, nor shall any such increase or diminution give cause for claims or liability for damage. 10-12 ---PAGE BREAK--- 31. NO DAMAGES FOR CERTAIN DELAYS The Engineer may delay the commencement of the work, or any part thereof, if the Engineer shall deem it for the best interest of the Owner to do so. The Contractor shall have no claim for damages on account of such delay or on account of any delay on the part of the Owner in performing any work or furnishing any materials to the Contractor, or due to extra work required, but he/she shall be entitled to so much additional time in which to complete the whole or any portion of the work required under this Contract as the Engineer shall certify in writing to be just. The Engineer shall forthwith notify the Contractor in writing of such determination. Such additional time shall be the sole and exclusive remedy for any delay caused by the Owner. The Contractor shall have no claim for damages on account of any delay on the part of another contractor. 32. REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein and, if through mistake or otherwise, any such provision is not inserted, or if not correctly inserted, then upon the application of either party the Contract shall forthwith be physically amended to make such insertion. 33. PROTECTION OF LIVES AND HEALTH In order to protect the lives and health of his/her employees under the Contract, the Contractor shall comply with all pertinent provisions of the "Manual of Accident Prevention in Construction" issued by the Associated General Contractors of America, Inc., and shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor alone shall be responsible for the safety, efficiency, and adequacy of his/her plant, appliances, and methods, and for any injury or damage which may result from their failure or their improper construction, maintenance, or operation. 34. LAWS AND REGULATIONS The Contractor shall keep himself/herself fully informed of all State and federal laws and municipal ordinances and regulations in any manner affecting those engaged or employed in the work or the materials used in the work or in any way affecting the conduct of the work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the Plans, Drawings, Specifications, or Contract for the work in relation to any such laws, ordinances, regulations, orders or decrees, he/she shall forthwith report the same to the Engineer in writing. He/she shall at all times himself/herself observe and comply with and shall cause all his/her agents and employees to observe and shall protect and indemnify the Owner and its officers and agents and servants against any claim or liability arising from or based on the violation of any such laws, ordinances, regulations, orders, or decrees whether by himself /herself or his/her employees or subcontractors. 10-13 ---PAGE BREAK--- 35. EXTENSION OF TIME: NO WAIVER If the Contractor shall be delayed in the completion of his/her work by reason of unforeseeable causes beyond his/her control and without his/her fault or negligence, including, but not restricted to, acts of God or of the public enemy, acts or neglect of the Owner, acts or neglect of any other contractor, fires, floods, epidemics, quarantine, restrictions, strikes, riots, civil commotions or freight embargoes, the time of completion of his/her work shall be extended by such time as shall be fixed by the Owner. No such extension of time shall be deemed a waiver by the Owner of his/her right to terminate the Contract for abandonment or delay by the Contractor as herein provided or relieve the Contractor from full responsibility for performance of his/her obligations hereunder. 36. WAIVER Neither the inspection of the Owner or Engineer or any of their employees, nor any act or thing done by the Owner other than as express waiver shall operate as a waiver of any provision of this Contract, 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. 37. LEGAL ADDRESS OF CONTRACTOR Both the address given in the Proposal upon which this Contract is founded, and the Contractor's office at or near the site of the work are hereby designated as places to either or which notices, letters, and other communications to the Contractor shall be deemed sufficient service thereof upon the Contractor; and the date of said service shall be the date of such delivery or mailing. The first named address may be changed at any time by an instrument in writing, executed and acknowledged by the Contractor, and delivered to the Engineer. Nothing herein contained shall be deemed to preclude or render inoperative the service of any notice, letter, or other communication upon the Contractor personally. 38. ARBITRATION Any controversy or claim arising out of or relating to this Contract, or the breach thereof, which cannot be resolved by mutual agreement, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgement upon the award rendered by the Arbitrator may be entered in any Court having jurisdiction thereof. The Contractor shall carry on the work and maintain the progress schedule during the arbitration proceedings, unless otherwise agreed by him/her and the Owner in writing. 39. LIQUIDATED DAMAGES If the said Contractor shall neglect, fail or refuse to complete the work within the time stated in the Proposal, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this Contract to pay to the Owner the amount of two hundred dollars ($200.00) per day, not as a penalty but as inspection fee for each and every calendar day that the Contractor shall be in default after the time stipulated in the Proposal for completing the work. 10-14 ---PAGE BREAK--- The said amount is hereby agreed upon and is fixed and determined by the parties hereto as the actual damages that the Owner will suffer by reason of said delay and not as penalty, and the Owner shall and may deduct and retain that amount of such liquidated damages out of any monies which may be due or may become due from current periodic estimates. Such liquidated damages are for extra payment for engineering and inspection services, wages of clerks, general expenses, etc., incurred by the Owner beyond the date of completion, some of which are indefinite and not susceptible to accurate allocation. Should any dispute arise as to the Owner's right to deduct and retain any monies hereunder, or as to the amount thereof, such dispute shall be submitted to the Engineer, and his/her decision shall be final and conclusive on both parties as heretofore provided. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: a. To any preference, priority or allocation order duly issued by the Government; b. To unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and unusually severe weather; and c. To any delays of subcontractors or suppliers occasioned by any of the causes specified in subsections and of this article: Provided, Further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the Contract, notify the Owner, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter. 40. SAFETY AND HEALTH REGULATIONS The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act. The Contractor shall have a competent person or persons as required under the Occupational Safety and Health Act on the site to inspect the work and to supervise the conformance of the Contractor's operations with the regulations of the Act. This project is subject to all of the Safety and Health Regulations as promulgated by the U.S. Department of Labor. Bidders are urged to make themselves familiar with the requirements of the regulations. 10-15 ---PAGE BREAK--- 41. MUTUAL RESPONSIBILITY OF CONTRACTION If, through acts of neglect on the part of the Contractor, any other contractor or any subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other contractor or subcontractor by agreement or arbitration if such other contractor or subcontractor will so settle. If such other contractor or subcontractor shall assert any claim against the Owner on such account of any damage alleged to have been sustained, the Owner shall notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. 42. ACCESS TO WORK The Contractor shall provide proper facilities for access to and inspection of the work wherever it is in preparation or progress by representatives of any of the Federal, State or local agencies having a direct interest in the work. 43. PRE-BID REQUIREMENTS A Pre-bid meeting will be held at 195 River Road next to the Goddard Cemetery, Lewiston, Maine at 2:00 P.M. on March 11, 2014, to examine the work site and ask questions of the Project Engineer. Attendance at this meeting by the Bidder or his/her qualified representative is a mandatory prerequisite for the acceptance of a bid from that Contractor. The Contractor bidding on this project must make a site visit to obtain field measurements for each item specified. 44. SELECTION PROCESS The process for selection of a Design/Build Contractor will consist of interested contractor(s) submitting proposals. The Selection Review Committee (SRC) will review the proposals and make a recommendation to the Finance Committee for award of the Contract. The Selection Review Committee (SRC) will consist of the Director of Budget/Purchasing, Director of Public Buildings, Director of Highway and Open Spaces, and Director of Public Works. The Design/Build Contractor shall provide four copies of their proposal. Each proposal shall include one sealed fee statement under separate cover for the work to be performed. The fee statement will not be opened until the Design/Build Contractor(s) have been rated. 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 Design/Build 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 Operation Center 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. 10-16 ---PAGE BREAK--- 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 ability of the Contractor to build storage building as specified that are service friendly, energy conscious and dependable. 3. The quality of the material and equipment used to complete the project. The Contractor shall submit a list of the key components of the storage building enclosure. Also, the types of materials used for the building foundation, wall construction system, doors, flooring, electrical service, lighting, and any other items they are proposing to use for the project. 4. The quality and depth of the Contractor team’s applicable experience and expertise, especially with development of similar projects including planning and designing elevator building enclosures. 5. A list of at least three 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. Resumes of the personnel who may be assigned to this project, including relevant experience. 8. Other factors that would be helpful to the City of Lewiston in evaluating the Design/Build Contractor(s) for this project. 45. QUALIFICATIONS All design work shall be performed and stamped by a Maine registered professional engineer, to assure accountability of performance, and continuity from design through installation and commissioning. The Design/Build Contractor will be required to demonstrate a successful track record in installations of similar type projects. The Design Engineer will show proof of General Liability, as well as Errors and Omissions insurance in amounts not less than the value of the Contract. The Design/Build Contractor must have a minimum of five years of experience with all aspects of the specified project. 10-17 ---PAGE BREAK--- II. EARTHWORK A. GENERAL a. Protect all existing utility lines and structures for the duration of the work. b. Do all excavating and furnish all material necessary for filling, and backfilling as required to complete the work of this Contract, including the furnishing and compaction of additional material as needed. c. All excavated material will be placed on site at the Owner’s discretion. d. Establish subgrades as indicated in your Proposal. e. Perform all dewatering necessary to maintain excavated areas free from water from any source. B. QUALITY ASSURANCE 1. Requirements of Regulatory Agencies: a. All work shall be performed and completed in accordance with all local, state or federal regulations. b. The General Contractor shall secure all necessary permits from, and furnish proof of acceptance by, the local and state departments having jurisdiction and shall pay for all such permits, except as specifically stated elsewhere in the Contract Documents. 2. Benchmarks and Surveying: a. The Owner will establish all base lines for locating the principal component parts of the work together with a suitable number of bench marks adjacent to the work as shown in the Drawings. From the information provided by the Owner, unless otherwise specified herein, the Contractor shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pile locations and other working points, lines, elevations and cut sheets. b. The Contractor shall carefully preserve bench marks, reference points, and stakes and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. 3. Grade and Elevations: a. The floor elevation shall be six inches above the existing ground elevation. The Owner, however, may require the Contractor to make adjustments in grades and alignment as found necessary during the performance of the work. Grading between indicated final grades shall be smooth even surfaces, except as otherwise required. b. The Contractor shall establish the lines and grades in conformity with the Drawings and maintain same by means of suitable stakes or battens, placed as directed, specified, or required by the Owner to properly perform the contract installation. 20-1 ---PAGE BREAK--- 4. Compaction: a. The Contractor shall compact all embankment materials in accordance with these Specifications and to the satisfaction of the Owner. b. Work shall be halted when the Owner is not satisfied with the results of the Contractors compaction operations. A testing laboratory supplied by the Owner shall then be obtained to determine if the Contractor is conforming to these Specifications relative to compaction. c. If the test results fail to meet the requirements of these Specifications, the Contractor shall correct the situation and obtain a passing test. The cost of the testing service shall be borne by the Contractor and no allowance will be made for delays in the performance of the work. d. If the test results pass and meet the requirements of these Specifications, the cost of the testing service will be borne by the Owner, but no allowance will be considered for delays in the performance of the work. e. When a testing laboratory is obtained, two copies of the following reports shall be submitted to the Owner and one copy for the Contractor. • Test reports on material • Field density test reports • One moisture density curve for each type of soil encountered • Report of actual unconfirmed compressive strength and/or results of bearing tests of each strata tested. C. JOB CONDITIONS 1. Disposition of Utilities: a. The locations of utilities on the project site are approximate as determined from physical evidence on or above the surface of the ground and from information supplied by the utilities. The Owner in no way warranties that these locations are correct. It shall be the responsibility of the Contractor to determine the actual locations of any utilities within the project area. b. Rules and regulations governing the respective utilities shall be observed in executing all work in this section. Active utilities shall be adequately protected from damage, and removed or relocated only as indicated or specified. Inactive and abandoned utilities encountered in excavation and grading operations shall be removed, plugged or capped. Report in writing to the Owner the locations of such abandoned utilities. If, in the progress or excavation, any utility should become damaged and result in any damage to public or private property, the Contractor shall restore to the original condition, at no additional cost to the Owner, anything which has been damaged or disturbed. 20-2 ---PAGE BREAK--- D. PRODUCTS 1. DEFINITION a. Satisfactory soil materials are defined as those complying with American Association of State Highway and Transportation officials (AASHTO) M145, soil classification Groups A-1, A-2-4 and A-3. b. Unsatisfactory soil materials are those defined in AASHTO M145 soil classification Groups A-2-6, A-2-7, A-4, A-6 and A-7; also, peat and other organic soils. c. Cohesionless soil materials include gravels, sand-gravel mixtures and sand. d. Cohesive soil materials include clayey and silty gravels, sandclay mixtures, gravel-silt mixtures, clayey and silty sands, sand-silt mixtures, clays, silts, and very fine sands. E. SOIL MATERIALS 1. Subbase Material: Naturally or artificially graded mixture of natural gravel as specified. 2. Backfill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 2" in dimension, debris, waste, frozen materials, vegetable and other deleterious matter, as specified. 3. Use of Excavated Material: a. To the extent that they are needed, all suitable materials from the specified excavation may be used in the construction of required backfill, embankments, drains, and slope protective devices (riprap). b. Surplus excavated materials shall be removed from the site to an approved dump site. c. Unsuitable material shall consist of grubbings or other materials which contain rock of size exceeding specifications, organic materials, or other materials of a deleterious nature as deemed by the Owner. d. Common borrow shall consist of approved material required for the construction of embankments or for other portions of the work as designated and shall be obtained from a source off-site, except as otherwise noted. Common borrow shall be free from frozen material, clay, perishable rubbish, peat, organic, and other deleterious materials, reasonably well graded with less than 15% passing the 200 sieve and less than 5% finer than 0.02 mm particle size. e. Rock fill shall consist of rock for use in embankments and shall be of that rock which consists of hard durable, broken to various sizes that will form a compact embankment with a minimum of voids. It shall contain no particles or fragments with a maximum dimension in excess of the compacted thickness of the layer being placed. f. Embankment material shall consist of suitable approved common excavation and/or common borrows. Rock excavation may be used as embankment material if it is thoroughly mixed with common excavation and/or common borrow to eliminate voids. 20-3 ---PAGE BREAK--- F. EXCAVATION 1. Excavation consists of removal and disposal of material encountered when establishing required grade elevations. a. Common Excavation: Common excavation shall consist of the removal of all material encountered in grading the project within the limits of construction which is not otherwise classified and paid for. Common excavation shall include the removal and disposal of boulders, solid mortared stone masonry, and concrete masonry when each is less than one cubic yard in volume and all soft and disintegrated rock that can be removed without blasting. b. Intermittent drilling performed to increase production and not necessary to permit excavation of material encountered will not be considered for compensation. c. Common excavation shall include grubbing which consists of the removal and disposal of all stumps, roots, bushes, grass, turf, organic material, or other unsuitable material. d. Rock excavation consists of removal and disposal of solid rock and detached rock and boulders which measure larger than one cubic yard will be classed and paid for as rock excavation. e. Typical of materials classified as rock are boulders one cubic yard or more in volume, solid rock, rock in ledges, and rock-hard cementitious aggregate deposits. f. When unanticipated rock excavation is encountered in the work, notify the Owner immediately. g. Rock payment lines are limited to 6" below the subgrade elevations shown on the Drawings. G. COMPACTION 1. General: Control soil compaction during construction to the satisfaction of the Owner by providing compacting to at least the minimum percentage of maximum density as specified for each area classification. 2. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentages of maximum dry density for soils which exhibit a well-defined moisture density relationship (determined in accordance with ASTM D1557) and to not less than the following percentages of relative dry density (determined in accordance with ASTM D2049) for soils which do not exhibit a well-defined moisture density relationship. 3. Building Slabs: Place Two feet minimum approved, graded granular structural fill under all building slabs to limits indicated on Drawings to raise subgrade to required elevation. All areas to be proof rolled before filling. Place granular structural fill in layers not exceeding 8" in loose thickness and compact at approximately optimum moisture content to a dry density of at least 95 percent of the maximum dry density as determined in accordance with ASTM Test Designation D-1557, Method D. The Contractor shall maintain good surface drainage during filling. The engineer approved stabilization fabric such as Mirafi 500X or approved equal may be required depending on the conditions of the soil once the excavation has been completed and before the granular structural fill is placed. This will be required to eliminate migration and infiltration of the granular structural fill to a clay base material or ledge and/or rock fill subgrade. 20-4 ---PAGE BREAK--- 4. Moisture Control: Where subgrade or a layer of soil material must be moisture conditioned before compaction, uniformly apply water to surface of subgrade, or layer of soil material, to prevent free water appearing on surface during or subsequent to compaction operations. 5. Remove and replace, or scarify and air dry, soil material that is too wet to permit compaction to specified density. 6. Soil material that has been removed because it is too wet to permit compaction may be stockpiled or spread and allowed to dry. Assist drying by discing, harrowing or pulverizing until moisture content is reduced to a satisfactory level. H. BACKFILL AND FILL 1. General: Place acceptable soil material in layers to required subgrade elevations, for each area classification listed below. a. In excavations, use satisfactory excavated or borrow material. 2. Backfill excavations as as work permits, but not until completion of the following: a. Inspection, testing, approval, and recording locations of underground utilities. b. Removal of trash and debris. c. When existing ground surface has a density less than that specified under "Compaction" for the particular area classification, break up the ground surface, pulverize, moisture-condition to the optimum moisture content, and compact to required depth and percentage of maximum density. d. Placement and Compaction: Place backfill and fill materials in layers not more than 8" in loose depth for material compacted by heavy compaction equipment, and not more than 4” in loose depth for material compacted by hand-operated tampers. e. Before compaction, moisten or aerate each layer as necessary to provide the optimum moisture content. Compact each layer to required percentage of maximum dry density or relative dry density for each area classification. Do not place backfill or fill material on surfaces that are muddy, frozen, or contain frost or ice. f. Place backfill and fill materials evenly adjacent to structures, to required elevations. Take care to prevent wedging action of backfill against structures by carrying the material uniformly around structures to approximately same elevation in each lift. I. FIELD QUALITY CONTROL 1. Quality Control Testing During Construction: Shall be at the discretion of the Owner. J. MAINTENANCE 1. Reconditioning Compacted Areas: Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, scarify surface, reshape, and compact to required density prior to further construction. 20-5 ---PAGE BREAK--- III. STRUCTURE EXCAVATION A. DESCRIPTION 1. Work Included: Structure excavation work includes the removal of sand, gravel, ashes, loam, clay, swamp muck, rock, ledge and combinations of such materials for the installation of structures. 2. Related Work Specified Elsewhere (when applicable): a. Clearing, removal and replacement of paving, excavation in earth and ledge, backfilling, borrow and bedding material, and de-watering, are specified in the appropriate sections in this Division. B. JOB CONDITIONS 1. Utilities: a. The approximate locations of known buried water lines, sewer lines, telephone cables, storm drains, culverts, gas mains, electric conduits, and other utilities are identified on the project site by the City of Lewiston. No guarantee is made as to the accuracy or completeness of the information given. b. The Contractor shall verify the location of all underground utilities. 2. Repairing Damage: Repair, or have repaired, all damage to existing utilities, structures, lawns, and other public and private property which results from construction operations, at no additional cost to the Owner, to the complete satisfaction of the Owner, utility company, and/or the property owner. C. MATERIALS 1. Right of Property: a. The Contractor shall not have any right of property in any materials taken from any excavation. b. Do not remove any such materials from the construction site without the approval of the Owner. c. This provision shall in no way relieve the Contractor of his/her obligations to remove and dispose of any material determined by the Owner to be unsuitable for backfilling. 2. Unsuitable Material: a. If suitable bearing for foundations is not encountered at the depth indicated on the Drawings, the Contractor shall not proceed further until instructions are given by the Owner. Placing of footings, foundation wall, or compacted fill, on unsuitable material will not be permitted. b. Replace the unsuitable material with thoroughly compacted granular structural fill or backfill. 3. Disposal of Material: a. Dispose of this material at a location on-site. 30-1 ---PAGE BREAK--- IV. BORROW & BEDDING MATERIAL A. DESCRIPTION 1. Work Included: Provide, place and compact borrow material in authorized excavation(s) below normal depth and in other location(s) as determined during the excavation of the project site and/or as directed by the Owner when the common excavated material is unsuitable for backfilling and/or as specified herein. 2. Related Work Specified Elsewhere: Backfilling, compaction, control and testing are specified in the appropriate sections in this Division. B. MATERIALS 1. Gravel Borrow: a. Uniformly graded granular material suitable for placement in authorized excavations below the bottom of the bedding layer and to replace deficient excavated material. b. Free from rocks with a maximum dimension over frozen material, and other unsuitable material. c. That portion passing a 3" square mesh sieve shall contain not more than 70 percent passing a 1/4" mesh sieve and not more than 10 percent passing a number 200 mesh sieve. 2. Crushed Stone: Suitably graded from 1/4" to 3/4" in size or as otherwise approved by the Owner. 3. Granular Structural Fill and Backfill: a. Compacted granular structural fill and backfill under building slab area, under footing for cushion if ledge is encountered, and utility structures, shall consist of gravel, or gravelly sand, free of organic material, loam, trash, snow, ice, frozen soil and other objectionable materials and shall be graded within the following limits: Sieve Size % Finer by Weight 1 inch l00 3/4 inch 90-100 3/8 inch 20-55 No. 4 0-10 C. INSTALLATION 1. Place screened gravel, crushed rock, crushed stone, gravel borrow or sand in layers of uniform compacted thickness not greater than 2. Thoroughly compact each layer by means of a suitable vibrator or mechanical tamper. 3. In excavations below normal depth or where unsuitable materials are excavated, gravel borrow may be used unless groundwater makes such usage impossible; if such is the case then bedding material or crushed stone shall be used. 40-1 ---PAGE BREAK--- V. BACKFILLING, COMPACTION, CONTROL & TESTING A. DESCRIPTION 1. Work Included: Backfilling work includes backfilling excavation around structures and under building slab with suitable material removed in the course of excavating and/or other suitable material. 2. Related Work Specified Elsewhere (when applicable): a. Clearing, paving, excavation, dewatering, borrow and bedding material, when applicable, are specified in the appropriate sections in this Division. B. QUALITY ASSURANCE 1. Where backfill is required and/or where shown on the Drawings, compact fill to the satisfaction of the Owner and to an in-place density not less than 90 percent of the maximum density of the material outside the foundation wall and 95 percent inside the foundation walls, in accordance with ASTM D1557 Method 2. Determine in-place density in accordance with ASTM D1556 or by other methods as approved by the Owner. 3. When the Owner is not satisfied with the results of the Contractor’s compaction operation, have density testing performed by an independent soils laboratory as approved by the Owner. a. If the test results fail to meet the requirements of these specifications, the Contractor shall correct the situation and obtain a passing test. b. If the test results pass and meet the requirements of these specifications, the cost of the testing service will be borne by the Owner, but no allowance will be considered for delays in the performance of the work. C. MATERIALS 1. Excavated Material: a. Free from large clods of earth. b. Free from stones and rock fragments over 50 pounds. 2. Other Material: a. As shown on the Drawings, and/or b. As directed by the Owner. 50-1 ---PAGE BREAK--- 3. Wet Material: a. Do not mechanically or hand compact material that is, in the opinion of the Owner, too wet. b. Do not continue backfilling until the previously placed and new materials have dried sufficiently to permit proper compaction. 4. Gravel Borrow: a. When original excavated material is unsuitable use only approved gravel borrow for backfilling. D. PERFORMANCE 1. General: a. Provide and place all necessary backfill material. b. Do not allow large masses of backfill material to be dropped into the excavation, as from a grab bucket, in such a manner that may endanger pipes and structures. c. Place material in a manner that will prevent stones and lumps from becoming nested. d. Completely fill all voids between stones with fine material. e. Do not place backfill on or against new concrete until it has attained sufficient strength to support loads without distortion, cracking, and other damage. f. Deposit backfill material evenly on all sides of structures to avoid unequal soil pressures. 2. Sheeting: a. Leave sheeting in place when, in the opinion of the Owner, damage is likely to result from its withdrawal. b. Completely fill with suitable material and thoroughly compact all voids left by the removal of sheeting. 3. Fill and Backfill Under Slabs: a. Install granular structural fill and backfill in accordance with the Earthwork section in this Division. 4. Placing and Compacting Backfill: a. Tamping: Deposit and spread the backfill material in uniform parallel layers not exceeding 8" thick. Tamp each layer as required to obtain a thoroughly compacted mass. If necessary, furnish and use an adequate number of power driven tampers, each weighing at least 20 pounds. 50-2 ---PAGE BREAK--- b. Rolling: Compact material by rolling only when the width and depth of the excavation are sufficient to accommodate the rollers, dozers, mechanical tampers, or other similar powered equipment, as may prove to be acceptable, and when it can be performed without causing damage to pipes installed in the excavation. Deposit and spread the backfill material in uniform parallel layers not exceeding 8" thick. Roll each layer as required to obtain a thoroughly compacted mass. Other placing and compacting methods may be employed only when approved by the Owner. 5. Improper Backfill: a. When excavation and trenches have been improperly backfilled, and when settlement occurs, reopen the excavation to the depth required, as directed by the Owner. b. Refill and compact the excavation or trench with suitable material and restore the surface to the required grade and condition. 50-3 ---PAGE BREAK--- VI. CAST-IN PLACE CONCRETE A. GENERAL The following Specification covers the material, design criteria and workmanship used in the construction of the concrete building floor slab and foundation. B. DESIGN CRITERIA The Contractor will be required to provide the concrete building foundation design done by a Professional Engineer which meet ACI code requirements as part of this Contract. C. DESCRIPTION 1. Work Includes: Cast-in-place concrete required for this work as indicated on the Drawings and includes, but is not necessarily limited to: a. Footings and walls b. Interior floor slabs 2. Related Work Described Elsewhere: a. Concrete Formwork: b. Concrete Reinforcement: D. QUALITY ASSURANCE 1. Inspection and Testing: a. Concrete work shall be subject to the Engineer’s inspection and approval during placement and curing, and for final acceptance. b. The Engineer shall be notified at least 12 hours before a placement is to be made. c. Concrete testing and the related costs will be the responsibility of the City of Lewiston. d. The Engineer shall have the right to condemn any concrete which has been delivered, placed, or cured in violation of the minimum requirements specified. 3. The Contractor shall comply with the following codes and standards. ACI 6l3 Practice for Selecting Proportions for Concrete ACI 313-71 Standard Building Code Requirements 60-1 ---PAGE BREAK--- VII. CONCRETE FORMWORK A. GENERAL 1. Work Included: Furnish all materials, labor and equipment necessary to form all cast-in-place concrete indicated on the Drawings and the subsequent removal of all such forms. Furnish, position and anchor all embedded items called for on the Plans and described elsewhere. Position and anchor all embedded items called for on the Plans and furnished by others. Furnish and install all insulation material and joint fillers shown on the Plans. B. QUALITY ASSURANCE 1. Inspection: The inspection of all formwork shall be performed by the Contractor in addition to normal checking by the Engineer, and shall include a check for line, location, dimensions, stability, safety and cleanliness, of all formwork at least 12 hours before the placing of concrete. 2. The Contractor shall comply with the following specifications, codes, and standards: ACI 347 Recommended Practice of Concrete Formwork ACI 318-7l Building Code Requirements for Reinforced Concrete 70-1 ---PAGE BREAK--- VIII. CONCRETE REINFORCEMENT A. GENERAL - DESCRIPTION 1. Work Included: Furnish all design, materials, labor, equipment and supplies, and perform all operations necessary to install all reinforcement and associated items required and/or indicated on the drawings for all cast-in- place concrete. 2. Related Work Described Elsewhere: a. Placement of other embedded items: B. QUALITY ASSURANCE 1. Inspection: The inspection of the placing of the reinforcing steel shall be performed by the Contractor in addition to normal checking by the Structural Engineer, and shall include a check for size, bending, spacing, location, firmness of installation and surface condition of all reinforcing steel prior to (at least 12 hours before) the placing of the concrete. 3. The Contractor shall comply with the following codes and standards: CRSI 59 Practice for Placing Reinforcing Bars ACI 3l8-7l Building Code Requirements for Reinforced Concrete 80-1 ---PAGE BREAK--- IX. OVERHEAD DOORS A. DESCRIPTION 1. Work Included: a. Furnish and install the following as proposed. AC electrically-operated, flush aluminum panel overhead door, complete with tracks, springs, and all other related items. 2. Related Work Specified Elsewhere - The following related work is to be performed under the designated sections: Steel angle frames at door openings. Blocking and Wood Supporting Members B. QUALITY ASSURANCE 1. Codes and Standards: In addition to complying with all pertinent codes and regulations and overhead door must meeting the manufactures recommendations based on the design conditions of the proposed off season equipment storage building. a. Manufacture all labeled doors in strict accordance with the specifications and procedures of Underwriters’ Laboratories, Inc. 90-1 ---PAGE BREAK--- X. ELECTRICAL A. PROJECT SCOPE: 1. The following descriptions the electrical scope of work. a. Electrical service will be provided from existing pole(s) along southerly side of River Road; b. Lighting will be provided for 200 lux (lumen/m2) or ~20 ft. candles throughout the inside of the building. The lights will be controlled by motion sensors that will be activated by motion within the building. An over-ride switch will be located inside at each personnel door; c. An exterior light will be provided at each personnel door with separate switch and shall be activated by photo sensors; d. Furnish and install outlets spaced at 1 every 20 feet on the perimeter of the inside of the building e. Furnish and install one block heater outlet for bull dozer at the south end of the building as directed by the Engineer. . The City of Lewiston has included an option as an Alternate Bid Items No. 2 to have all the proposed lighting fixtures converted to LED lighting fixtures. B. CODES, PERMITS AND INSPECTION 1. Manufacture, test, and install all work in accordance with applicable publications and standards of the following organizations: a. American Society for Testing and Materials (ASTM) b. Underwriters' Laboratories, Inc. (UL) c. Insulated Power Cable Engineers Association (IPCEA) d. National Electrical Manufacturers Association (NEMA) e. Institute of Electrical and Elec Engineers (IEEE) f. American National Standards Institute (ANSI) g. Local and State Electrical Codes h. Occupational Safety and Health Organization i. Building Officials and Code Administrators (BOCA) 2. Comply with all laws applying, installations in effect in this City, Town or State; with regulations of any other governmental body or agency having jurisdiction; with regulations of the National Electrical Code where such regulations do not conflict with those laws; and with the regulations of the Electrical Utility Company supplying electrical energy to the premises. 100-1 ---PAGE BREAK---