Document Lewiston_doc_57b5a27260

CITY OF LEWISTON, MAINE DEPARTMENT OF PUBLIC WORKS CONTRACT DOCUMENTS FOR ANNUAL CRACK SEALING OF ASPHALT BITUMINOUS PAVEMENT Bid #2014-010 March 25, 2014 PREPARED BY CITY OF LEWISTON PUBLIC WORKS ENGINEERING DIVISION ---PAGE BREAK--- TABLE OF CONTENTS PAGE NO. Notice to Contractors N-1 Proposal Form P-1 Contract C-1 Notice of Award NA-1 Notice to Proceed NP-1 Addenda, if any Division 10 – Supplemental Specifications 10-0 Division 20 – Standard Provisions 20-0 ---PAGE BREAK--- N-1 Bid No: 2014-010 Bid Date: March 25, 2014 CITY OF LEWISTON, MAINE NOTICE TO CONTRACTORS Sealed proposals for Annual Crack Sealing of Asphalt Bituminous Pavement Shall be received by the office of Budget/Purchasing until 2:00 o’clock PM on March 25, 2014 and at that time publicly opened and read. The work shall be the complete and satisfactory furnishing and installing of approximately 4000 gallons of crack sealant material on various city streets as outlined in the specifications. Also included is all other incidental work as necessary to satisfactorily complete the project as outlined or implied in the plans and specifications. 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. 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: “ANNUAL CRACK SEALING OF ASPHALT BITUMINOUS PAVEMENT” 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 Budget/Purchasing, City Hall, 27 Pine St., Lewiston, Maine 04240". 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 accept any proposal or reject any or all proposals if it is deemed to be in the public interest to do so. ---PAGE BREAK--- N-2 The Contract must be signed within ten (10) days, Saturdays, Sundays, and holidays excepted, after the date of notification to the bidder by the “Director of Budget/ Purchasing” of the acceptance of his/her Proposal and readiness of the Contract to be signed. If the bidder fails or neglects, after such notification, to execute the Contract, the Finance Committee may determine that the Proposal has been abandoned; and, in such case, the bid security accompanying the Proposal will be forfeited to the City of Lewiston. The work is to be commenced within ten (10) days after the date of the Contract unless otherwise specified in the Specifications or directed by the “Director of Budget/Purchasing”, in writing, and is to be continued with diligent regularity until its completion within the time limit specified. All Proposals must be made on the blank Proposal Form bound in the Contract Documents, or as otherwise provided for in the Specifications. Bidders shall state prices for each separate item of work as called for in the proposal Form. These prices are to cover the entire expenses incidental to the completion of the work in full conformity with the Contract Documents. The prices must be stated both in words and figures. If a discrepancy is 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 shall 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. 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.” Specifications can be obtained at the office of the Director of Budget/Purchasing, City Hall. All questions by prospective bidders pertaining to the Contract Documents, Plans and Specifications must be received, in writing, by the Engineer, at least five days before the date set for the opening of the Proposals. Any questions which, in the opinion of the “Director of Budget/Purchasing”, require interpretation, will be sent by registered mail, with the interpretation, in the form of a numbered Addendum, to each person or firm who has taken out a set of Contract Documents, not later than three days prior to the scheduled opening of the Proposals. Addenda issued later than three days prior to the scheduled opening of the Proposals may be by telephone or fax. Bidders shall acknowledge receipt of all Addenda in the space provided therefore in the Proposal Form, whether the Addenda are in response ---PAGE BREAK--- N-3 to questions or otherwise issued by the City and whether the Addenda are received by mail, telephone or fax. The Supplemental Specifications and the Contract Plans delineate the particular project to which the Contract Documents pertain. Should any discrepancy be found to exist between the Supplemental Specifications and the Standard Specifications and/or the Contract Plans, the Supplemental Specifications and/or Contract Plans shall govern. If the Bid Price of any or several bid items submitted with this Proposal appear to be extremely low or high, compared to the actual cost of performing the work, the Bidder may be asked to explain, in writing, how the work in question is to be performed at the price or prices bid before a decision is made by the City to award a Contract or reject the Bid. Proposals will be considered irregular and will be rejected for the following reasons: If the Proposal is on a form other than that furnished by the City or if the form is altered in any way. If there are unauthorized additions, conditional or alternate bids or irregularities of any kind which may make the Proposal incomplete, indefinite or ambiguous as to its meaning. If the Bidder adds any provisions reserving the right to accept or reject an award or to enter into a Contract pursuant to an award. If the Proposal does not contain a unit price for each pay item listed unless otherwise specified. If any of the bid prices are unbalanced, or do not reflect the actual cost required to perform the work, as outlined in the Plans and Specifications. ---PAGE BREAK--- P-1 CITY OF LEWISTON, MAINE PROPOSAL FOR ANNUAL CRACK SEALING OF ASPHALT BITUMINOUS PAVEMENT 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 machinery, tools, labor, equipment and other means of construction and to do all the work and furnish all the materials, except those specified in the Specifications to be furnished by the City, necessary to complete the work in the manner and time therein prescribed, in accordance with the conditions and requirements set forth in the Contract Documents and the requirements of the Engineer and/or Director of Public Works as provided for therein; and that he/she will accept in full payment therefore the following sums to wit: ITEM EST PAY ITEM DESCRIPTION & UNIT BID TOTAL PRICE NO. QTY UNIT UNIT BID PRICE PRICE (in Figures) (In Words) (In Figures) 1. 4000 Gals: Furnish & Install Rubberized HMA Crack Seal Coat: $ TOTAL COST $ 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 Director of Public Works in writing and that he/she will prosecute the work to its completion within the time limit specified in the Supplemental Specifications. The undersigned further agrees that 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 ---PAGE BREAK--- P-2 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): Signature of person, firm, or corporation making bid: Company name Signature Printed name & title Address Firm’s IRS ID # Telephone # Fax # E-mail address Date ---PAGE BREAK--- C-1 1 CITY OF LEWISTON. MAINE ANNUAL CRACK SEALING OF ASPHALT BITUMINOUS PAVEMENT This Agreement, made and entered into this day of in the year two thousand and fourteen, by and between the City of Lewiston, Maine, a municipal corporation existing under the laws of the State of Maine, hereinafter called "Owner", by its City Administrator, party of the first part, and . Hereinafter called "Contractor", with legal address and principal place of business at Party of the second part: WITNESSETH: That the parties to these presents, each in consideration of the covenant and agreements on the part of the other herein contained, have covenanted and agreed and do hereby covenant and agree, the party of the first part for itself and the party of the second part for himself/herself and his/her heirs, executors, administrators and assigns 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. Contract 4. Notice of Award 5. Notice to Proceed 6. Supplemental Specifications 7. Standard Specifications 8. Contract Plans, if any 9. Addenda, if any 10. Federal Conditions, if any That the party of the second part will do all the work, furnish all the 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 ---PAGE BREAK--- C-2 2 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 PAY ITEM DESCRIPTION & UNIT BID TOTAL PRICE NO. QTY UNIT UNIT BID PRICE PRICE (in Figures) (In Words) (In Figures) 1. 4000 Gals: Furnish & Install Rubberized HMA Crack Seal Coat: $ TOTAL COST $ The party of the second part represents and warrants; That he/she is financially solvent; and is experienced in and competent to perform the work; and is able to furnish the plant, materials, supplies, labor, and equipment to be furnished by him/her; and: That he/she is familiar with all Federal, State, Municipal and Departmental laws, ordinances and regulations which may in any way affect the work or those employed therein; and: That such temporary and permanent work required by the Contract Documents to be done by him/her can be satisfactorily constructed and used for the purposes for which it is intended; and that such construction will not injure any person or damage any property other than that damage caused by the construction; and: That he/she has carefully examined the Contract Documents and the site of the work; and from his/her own investigation has satisfied himself/herself as to the nature and location of the work, the character, quality and quantity of surface and subsurface material likely to be encountered, the character of equipment and other facilities needed for the performance of the work, the general and local conditions; and all the other materials and conditions which may in any way affect the work or its performance. ---PAGE BREAK--- C-3 3 IN WITNESS WHEREOF, the said City, by its City Administrator and the said . by its thereunto duly authorized have hereunto set their hands and seals the day and year first above written. Signed in the presence of: By: Witness Edward A. Barrett, City Administrator By: Witness ---PAGE BREAK--- NA-1 1 NOTICE OF AWARD City of Lewiston Maine To: Project Description: Bid 2014-010 ANNUAL CRACK SEALING OF ASPHALT BITUMINOUS PAVEMENT The City of Lewiston has considered the BID submitted by you for the above described work in response to its Advertisement for Bids dated and Information for Bidders. You are hereby notified that your BID has been accepted for item 1 for a total award of You are required by the Information for Bidders to execute the Agreement and certificates of insurance within ten (10) days from the date of this Notice to you. If you fail to execute said Agreement within ten (10) days from the date of this Notice, said City of Lewiston will be entitled to consider all your rights arising out of the City acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The City will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of the NOTICE OF AWARD to the City of Lewiston. Dated this David A. Jones Director of Public Works ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by (firm) this the of 2014 By: Title: ---PAGE BREAK--- NP-1 NOTICE TO PROCEED City of Lewiston Maine To: Project Description: Bid 2014-010 ANNUAL CRACK SEALING OF ASPHALT BITUMINOUS PAVEMENT You are hereby notified to proceed with the work entitled ANNUAL CRACK SEALING OF ASPHALT BITUMINOUS PAVEMENT, together with all necessary appurtenances, and to diligently prosecute the work. You are instructed to immediately take the necessary steps for execution of the work within ten (10) calendar days (or other start time as specified) from the date of this Notice to Proceed. The work is to be completed by September 12, 2014 as stated in the Contract. By: David A. Jones Director of Public Works Date: ---PAGE BREAK--- 10-1 DIVISION 10 SUPPLEMENTAL SPECIFICATIONS ANNUAL CRACK SEALING OF ASPHALT BITUMINOUS PAVEMENT General: This document provides the specifications for providing crack sealing of bituminous pavement on various streets within the City of Lewiston. The work involves furnishing all necessary materials, labor, equipment and tools for the complete and satisfactory crack sealing of the bituminous pavement. Below is a list of the streets proposed for crack sealing under this Contract during the 2014 season. Proposed List of Streets Listed by Priority Street: From: To: Length: Lisbon St. Westminster St. Lisbon T/L 14,700 L.F. Sabattus St. Pond Rd. Town line 1 0,600 L.F. Farwell St. Sabattus St. Webster St. 3,050 L.F. College St. Little St. Montello St. 3000 L.F. Webber St. Webster St. Pleasant St. 2950 L.F. Grove St. Raymond Ave. Sabattus St. 5,600 L.F. Total 39,900 LF List of Additional Streets The following is a list of additional streets that may be crack sealed if there is sufficient funding. Street: From: To: Length: South Ave. Pleasant St. Lisbon St. 1420 L F. Montello St. College St. East Ave. 3900 L.F. Crowley Rd. Old Lisbon Rd. No Name Brook 1500 L.F. Randall Rd. Brigham Rd. Pond Rd. 5055 L.F. Total 11,875 Scope of Work: The work consists of crack sealing approximately 39,900 L.F. of arterial and collector streets within the City of Lewiston. A list of additional streets totaling over 11000 L. F. has also been identified for crack sealing, only if there is sufficient funding. The above list is strictly a proposed list of streets. The City reserves the right to add or delete streets based on available funding and the unit prices quoted in this bid. The Contractor shall be responsible for providing traffic control within the work zone at no direct cost to the City. All work is on ---PAGE BREAK--- 10-2 major arterials or collector streets and shall be done at night. Night work shall normally be from 7:00 PM to 5:00 AM. Safety Equipment All workers employed on this project shall wear (class 3) high-visibility safety vests that meet the requirements of the ANSI/ISEA 107-2004 publication entitled “American National Standard for high visibility safety Apparel and Headwear”. Personnel exposed to the hot liquid sealant shall wear required protective clothing and Personnel Protective Equipment required by the latest OSHA regulations. Equipment and Tool Specifications: All tools, materials, and equipment utilized on this project shall be in compliance with the most recent MeDOT and City Specifications. The air compressor shall have a minimum rated capacity of 100 cubic feet of air per minute at 90 pounds per square inch. The air compressor shall be equipped with suitable traps to prevent moisture or compressor oil from contaminating the crack surfaces. The unit shall be equipped with sufficient hose length to permit continuous operation. When needed to remove dirt, dust or other debris from the cracks, the Contractor shall provide and operate gasoline powered sweepers or a self propelled sweeper specifically designed for highway cleaning. Hand tools shall normally consist of brooms, shovels, metal bars, with chisel shaped ends and any other tools that may be used to satisfactorily complete the project. The melting kettle shall be constructed as a double lined boiler with voids between inner and outer shells filled with oil or other material used to evenly transfer heat. The heat transfer material shall have a flashpoint of not less than 600 degrees Fahrenheit. Positive temperature control and powered mechanical agitation shall be provided. Direct heating shall not be used. The temperature of the sealing compound will be maintained within the range specified by the manufacturer for the material being applied. The kettle shall be equipped with thermostatic control calibrated between 200 degrees F and 550 degrees F. The agitation may be accomplished by continuous stirring with mechanically operated paddles and/or by a continuous circulating gear pump attached to the heating unit. Equipment used in the performance of the work required by this section of the Specification shall be maintained in a satisfactory working condition at all times. Any excessive leakage or spilled sealant from the equipment will result in the work being stopped until the Contractor is able to correct the problem. Any spilled sealant shall be immediately removed and discarded by approved methods at the expense of the Contractor. Contractors shall use a Pressure Fed Melter Applicator for all work under this Contract. Smaller equipment similar to Mini Melters or pour pots shall not be approved for this project. Sealant shall be applied with a swivel applicator to ensure even contact with the road surface. As an alternate, a wand applicator may be used. Squeegees shall be of a flexible rubber type, in the shape of a “vee” capable of contacting heated materials up to 450 degrees Fahrenheit without damage to itself or the sealant material. ---PAGE BREAK--- 10-3 Material: Material used in performance of this Contract shall be Crafco Road Saver 221 or other material approved by the City Engineer or his/her designee, and shall meet ASTM D-6690 as indicated in the following specification: Test ASTM D6690 (AASHTO M324) Cone Penetration 90 max Flow, 3MM max Softening Point 176° degrees F (80°C) min Resilience 60% min Bond -20 F (-29 C) 50% ext. Pass 3 cycles Asphalt Compatibility Compatible Minimum Application Temp 380°F (193°C) Maximum Heating Temperature 400°F (204°C) The Contractor shall submit to the City Engineer or his/her designee for approval a manufacturer's certificate of material compliance, certifying conformance to the above material specifications. The Contractor shall also provide a Material Safety Data Sheet for the material used. Installation Details: Random cracks shall be thoroughly cleaned immediately prior to sealing. Cleaning shall be accomplished using compressed air or a hot air lance to thoroughly clean the crack of old sealant, dust, dirt, foreign material, sand or vegetation. When cracks show evidence of vegetation, it shall be removed and sterilized by use of a hot air lance eliminating all vegetation, dirt, moisture and seeds. When a hot air lance is used, the pavement adjacent to the crack shall not be burned, scorched or ignited. The hot air lance shall operate at temperatures from 2000 degrees F to 3000 degrees F. Old sealant material and other debris removed from the crack shall be removed from the pavement surface immediately using compressed air or powered sweepers. The Contractor shall apply the new sealant with a swivel applicator or wand. Sealant shall be applied in a "band-aid" type configuration. The "band-aid" should be centered over the pavement crack with no more than ½" overlap from edge of joint and no higher than 1/8”above the pavement. The Contractor shall strike off the newly applied sealant flush with the pavement surface using a squeegee. If traffic is to be resumed immediately, or before the sealant has cured, the Contractor shall apply a de- tackifing agent to the new sealant to prevent pickup. The Contractor shall be fully responsible for any vehicle or property damage as a result of the sealing agent being picked up by the tires of passing motorists. In all cases the Contractor shall read and follow the installation instructions provided by the material manufacturer. Joint routing will not normally be required, except in instances where it is needed for proper installation of the Crack sealant. The router if used shall be an approved power driven router capable of providing a straight cut of uniform depth and width. A minimum ratio of 1:1 width to depth crack route configuration is suggested for good sealant performance. The installation of Crack Sealant will normally be at night. ---PAGE BREAK--- 10-4 The weather conditions must be warm and dry enough to produce quality work as determined by the City and in compliance with the sealant manufactures recommendations. The sealant material shall be applied when the pavement surface is dry and exceeds 45° degrees. When rain interrupts sealing operations, cracks shall be recleaned prior to installing the sealant material. After a rain event crack sealing shall not resume for 24 hours. All workmanship shall be of the highest quality. Any work determined to be substandard will not be accepted, and will be corrected and/or replaced as required by the City. The cost of any repair or rework shall be the responsibility of the Contractor. Scheduling: The Contractor shall submit a proposed work schedule including start and end dates to the City Engineer for approval within 10 days of Contract award. Changes in the approved schedule will be allowed because of inclement weather. The Contractor shall submit a revised schedule for all other deviations from the approved schedule. Time Limit: All work described in this Contract shall not commence prior to May 19, 2014, but must be completed by September 12, 2014. Work shall not start until weather conditions meet the requirements of this specification and the recommendations of the material manufacturer. Traffic Control: The Contractor shall be responsible for traffic control in the work area, and will not close the street to traffic unless he/she receives the approval of the Director of Public Works. Emergency vehicles shall have access through the work zone at all times. Signage shall be in compliance with the Manual of Uniform Traffic Control devices (MUTCD). Because crack sealing is a mobile operation, the Contractor shall provide a shadow vehicle equipped with high intensity rotating, flashing or oscillating strobe lights. The shadow vehicle shall also be equipped with a type electronic Arrow Board in compliance with section 6f.61 of the (MUTCD) to provide adequate notice of the work to approaching traffic. The Contractor shall also be responsible for supplying two fully qualified flag persons with radio communications to control traffic in and near the work zone. All flaggers shall be fully certified, and provided with approved equipment for night work. Flaggers shall be equipped with “Class 3” high- visibility safety apparel meeting the requirements of ANSI/ISEA 107-2004. The use of a class 3 vest alone by flaggers is not allowed on this Contract. At night all flagger stations shall be properly illuminated per section 6E.08 of the most recent edition of the MUTCD. The cost of traffic control shall be the responsibility of the Contractor. Performance: It is the intention of the City of Lewiston not to award a contract for work under this or any other proposal if the bidder cannot furnish satisfactory evidence that he/she has the ability and experience to perform this class of work. Upon request, he/she must demonstrate sufficient capital and equipment to enable him/her to execute the work successfully and to complete it within the time limit in the Contract. The City reserves the right to reject this or any other proposal or to award the Contract as is deemed to be in the best interest of the City. ---PAGE BREAK--- 10-5 Measurement and Payment: Measurement shall be by the gallon and shall be the actual number of gallons of sealer satisfactorily applied to the pavement. Contractor shall supply the City with a tank gallon chart for machine used to apply sealant. Payment shall be at the unit prices bid in the Proposal and shall be complete payment for the entire item including furnishing, preparation and placing of materials, labor and equipment to be used on this project. Extra material will be removed at the Contractor's expense. The Contractor shall submit a bill in triplicate at the end of each month for work performed during that month. Work quantities shall be reviewed and verified by the Paving Manager prior to processing and payment. CDL Requirements: Operators of any vehicle requiring CDL permissions will meet and adhere to all qualification requirements contained in Section 391 of the Federal Motor Carrier Safety Regulations. This shall also apply to situations requiring license endorsements such as Hazmat and tanker. End of Section ---PAGE BREAK--- 201 DIVISION 20 GENERAL PROVISIONS STANDARD SPECIFICATIONS Contents PAGE NO. 20.01 Scope 20-2 20.02 Definitions 20-2 20.03 Insurance and Liability 20-3 20.04 Dispute Resolution Cost and Expenses 20-5 20.05 Laws and Regulations 20-5 20.06 Permits 20-5 20.07 Estimates and Payments 20-5 20.08 Final Estimate and Payment 20-6 20.09 Last Payment to Terminate Liability of City 20-6 20.10 Site 20-6 20.11 Borings and Estimate of Quantities Not Warranted 20-7 20.12 Commencement of Work 20-7 20.13 Time and Order of Doing Work 20-7 20.14 No Damages for Delay 20-8 20.15 Competent Personnel to be Employed 20-8 20.16 Not to Sublet or Assign 20-8 20.17 Directions and Explanations, Corrections of 20-8 20.18 Duty to Notify Engineer if Ambiguities Discovered 20-9 20.19 Early 20-9 20.20 Superintendence by Contractor 20-9 20.21 Alterations 20-10 20.22 No City Employee to be Interested 20-10 20.23 Waiver 20-10 20.24 Access to Work 20-10 20.25 Engineer to Determine Amount and Quantity of Work, Inspection of Materials 20-11 20.26 Defective Work and Materials 20-11 20.27 Sanitary Regulations 20-11 20.28 No Intoxicating Drinks 20-12 20.29 Extra Work 20-12 20.30 Reduction of Work 20-12 20.31 No Time Extension 20-13 20.32 Employment of Labor 20-13 20.33 Conditions under Which Director May Complete Work 20-13 20.34 Payment for Materials 20-14 20.35 Guarantee 20-14 20.36 Work Day 20-14 ---PAGE BREAK--- 202 DIVISION 20 GENERAL PROVISIONS STANDARD SPECIFICATIONS 20.01 SCOPE: These Standard Specifications and Addenda, if any, are to govern construction of storm sewers, sanitary sewers, water lines, streets, sidewalks, parking lots, general construction and other related work, for the City of Lewiston, and they shall become part of any contract with the City for the construction of said work. Provisions of these Specifications shall be modified or changed only in writing. These Standard Specifications will be amended by Supplemental Specifications as necessary and by Contract Plans. The Supplemental Specifications and Contract Plans delineate the particular project to which the Contract Documents pertain. Should any discrepancy be found to exist between the Standard Specifications and the Supplemental Specifications and/or the Contract Plans, the Supplemental Specifications and/or Contract Plans shall govern. 20.02 DEFINITIONS: A. Contract Documents: Whenever the term Contract Documents, or a pronoun in its stead, is used, it shall mean and include, but not necessarily limited to, these items: The Notice to Contractors, the Proposal, the Contract, the Supplemental Specifications, the Standard Specifications, the Contract Plans, any other documents included with these Specifications and attached thereto, and any Addenda to the above issued prior to the date of this Contract. B. Contractor: Whenever the term Contractor, or a pronoun in its stead, is used, it shall mean the person or persons or co-partnership or corporation or other entity which has entered into this agreement or their legal representative. C. Owner: Whenever the term Owner, or a pronoun in its stead is used, it shall mean the City of Lewiston, acting through its designated officials and/or employees. D. City Engineer or Engineer: Whenever the term City Engineer, or a pronoun in its stead, is used, it shall mean the City Engineer of the City of Lewiston or his/her assistants or inspector acting under him/her or his/her duly authorized representatives acting for him/her, limited to the particular duties entrusted to them. E. Director of Public Services or Director: Whenever the term Director of Public Services, Director or a pronoun, in its stead is used, it shall mean the Director of Public Services of the City of Lewiston or his/her assistants or inspectors acting under him/her, limited to the particular duties entrusted to them. ---PAGE BREAK--- 203 F. ASTM: Whenever the abbreviation ASTM is used, it shall mean the American Society for Testing and Materials; and, unless otherwise stated, refer to the latest revision of the particular standard. G. Specification: Whenever the term Specifications or a pronoun in its stead is used, it shall mean and include the Standard Specifications as herein set forth and any Supplemental Specifications included in the Contract Documents. H. Contract Plans: Whenever the term Contract Plans, or a pronoun in their stead, is used, it shall mean and include all drawings, graphic representations, diagrams and any notes or explanations thereon supplied to the Contractor before the date of this Contract. I. Lump Sum Bid Price: Whenever the term Lump Sum Bid Price, Lump Sum Bid, Lump Sum or a pronoun in their stead is used, it shall mean the amount of money mutually agreed to by the Contractor to furnish the labor, machinery, tools, apparatus and other means of construction and for doing all the work and furnishing all material called for by the Contract Documents except rock excavation and those items specifically stated as being considered extra work or for which unit prices have been established in the Contract and Proposal. J. Unit Bid Price: Whenever the term Unit Bid Price, Unit bid, Unit Price or a pronoun in their stead is used, it shall mean the amount of money mutually agreed to by the Contractor and the City as full payment to the Contractor for furnishing all necessary labor, materials and equipment (except that which is specifically excluded in the Supplemental and Standard Specifications and Contract Plans) necessary to do one unit of work, i.e., the unit price for one cubic yard of excavation multiplied by the actual number of cubic yards excavated, yields the total payment for the work done. 20.03 INSURANCE AND LIABILITY: The Contractor shall take all responsibility of the work and take all precautions for preventing injuries to persons and property in or about the work; shall bear all losses resulting to him/her on account of the amount or character of the work or because the nature of the land in or on which the work is done is different from what was estimated or expected or on account of the weather, elements or other cause; and he/she shall assume the defense of and indemnify and save harmless the City and its officers, agents and servants from all claims relating to labor and materials furnished for the work; to inventions, patents and patent rights used in doing the work; to injuries to any person or corporation received or sustained by or from the Contractor and his/her employees in doing the work, or in consequence of any improper materials, implements or labor used therein; and to any act, omission or neglect of the Contractor and his/her employees therein. The Contractor shall furnish proof of coverage with adequate insurance of the types and to the limits specified below naming the City of Lewiston as additional insured. Certificates of ---PAGE BREAK--- 204 such insurance shall be filed with the Director of Budget/Purchasing for his/her approval before permission to commence work will be granted. INSURANCE REQUIREMENTS: A. Claims The City of Lewiston will not be held responsible for any damages or injuries arising out of any type of activity during the performance of this project for the City. Any related claim will be referred to the Contractor. The Contractor may wish to make personal restoration within a reasonable amount of time at the property owner's satisfaction or process a claim with his/her insurance carrier. B Insurance The contractor shall furnish proof of coverage with adequate insurance of the types and limits specified below naming the City of Lewiston as additional insured. A certificate of such insurance shall be filed with Director of Budget/Purchasing before permission to begin work will be granted. C. 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. D. Automobile Liability Insurance Automobile 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. E. General Liability Insurance General Liability Insurance with minimum limits of liability for bodily injury in the amount of five hundred thousand ($500,000) for each occurrence and minimum limits of liability for property damage in the amount of $50,000/$100,000 aggregate or combined single limit of five hundred thousand ($500,000) for each occurrence, including completed operations shall be required. F. Performance Bond and Labor and Material Payment Bond Performance Bond and Labor and material Payment Bond in the sum of the total amount of the Contractor's proposal with a surety company satisfactory to the Owner will be required as surety for the faithful performance of the Contract by the successful bidder. The bonds will be required prior to execution of the Contract. ---PAGE BREAK--- 205 20.04 DISPUTE RESOLUTION COSTS AND EXPENSES: In the event of any dispute between or involving the City of Lewiston and Contractor, whether resolved by arbitration, litigation or some other mechanism of dispute resolution, in the event that the City shall be a prevailing party, Contractor shall reimburse the City for its attorney’s fee and costs reasonably incurred in connection with the resolution of the dispute. 20.05 LAWS AND REGULATIONS: The Contractor shall keep himself/herself informed of all existing and future State and Federal laws and Municipal ordinances and regulations which in any way affect those engaged or employed in the work, or the materials used in the work; or in any way affect the conduct of the work and of all orders and decrees of bodies of tribunals having any jurisdiction is discovered in the Plans or Specifications or Contract for this work in relation to any such law, ordinance, regulation, order or decree, he/she shall forthwith report the same to the Director in writing. He/she shall at all times himself/herself observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees; and shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by himself/herself or his/her employees. 20.06 PERMITS: The Developer shall, at his/her own expense, obtain all necessary permits from the County, Municipal or other public authorities, shall give all notices required by law or ordinances; and shall post all bonds and pay fees and charges incident to the due and lawful prosecution of the work covered by this Contract. 20.07 ESTIMATES AND PAYMENTS: The Engineer will, each month, make an approximate estimate of the amount of work done since the last preceding estimate and of the value thereof, and upon such estimate being made, the City will pay to the Contractor ninety (90%) per cent of the estimate; provided, however, that no such estimate or payment shall be required to be made when, in the judgment of the Engineer, the total value of the work done since the last estimate or payment amounts to less than three hundred ($300.00) dollars. Payment may at any time be withheld if the work is not proceeding in accordance with the provisions of this Contract. The Engineer may, if he/she deems it expedient so to do, cause estimates to be made more frequently than once in each month, and he/she may approve payments to be made more frequently to the Contractor. The Engineer may at his/her option retain, temporarily or permanently, a smaller amount than aforesaid, and may approve payment to the Contractor, either temporarily or permanently from time to time during the progress of the work, of such portion of the retained amount as he/she may deem prudent. The City, may keep any money which would otherwise be payable at any time hereunder, and apply the same, or so much as may be necessary therefore, to the payment of any expenses, losses, or damage incurred by the City and determined as herein; and may retain, until all claims are settled, so much of such money as ---PAGE BREAK--- 206 the Director shall be of the opinion will be required to settle all claims against the City, its officers, agents or servants. The City may set off any unpaid taxes, fees or other charges or other amounts owed by the Contractor against the contract price, in full or partial satisfaction.” 20.08 FINAL ESTIMATE AND PAYMENT: It is further mutually agreed that whenever, in the opinion of the Engineer and the Director, the Contractor shall have completely performed all the work embraced in this Contract, the Engineer shall proceed with all reasonable diligence to measure the work and shall make out the final estimate for the same and shall certify the same in writing; and his/her certificate shall state the whole amount of the payments previously paid and the amount retained in all previous estimates. Within the term of thirty (30) days after the date of such final estimate, the City will pay to the said Contractor the amount due. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. Provided that nothing herein contained shall be construed to affect the right of the City by its Director of Public Services hereby reserved, to reject the whole or any portion of the aforesaid work should the said certificate or certificates be found or known to be inconsistent with the terms of this Agreement or otherwise improperly given. 20.09 LAST PAYMENT TO TERMINATE LIABILITY OF CITY: No person or corporation other than the signer of this Contract as Contractor now has any interest hereunder, and no claim shall be made or be valid; and neither the City, nor its Mayor, nor any member or agent thereof, shall be liable for, or be held to pay any money, except as provided for in Sections 20.07, 20.08, 20.16, and 20.33 of the Standard Specifications and in the Contract. The Acceptance by the Contractor of the last payment aforesaid shall operate as and shall be a release to the City, its Mayor, and every member or agent thereof, from all claim or liability to the Contractor for anything done or furnished for, or relating to the work, or for any act or neglect of the City, or of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be of the amount kept or retained as provided for in Section 20.07. 20.10 SITE INVESTIGATION: The Contractor shall examine the Plans, Specifications and site of the work and from his/her own investigation, determine the nature and location of the work, the general and local conditions, particularly those bearing on access, transportation, quality and quantity of surface and sub-surface materials to be encountered, and all other aspects of the work, machinery and services required to complete the project as required by the Contract Documents. The City will not be responsible for any understanding or representation made by any City employee during or prior to negotiation and execution of the Contract, unless such understanding or representation shall be in writing and become a part of the Contract Documents. ---PAGE BREAK--- 207 20.11 BORINGS AND ESTIMATE OF QUANTITIES NOT WARRANTED: It is expressly understood and mutually agreed to by the parties hereto that the quantities of the various classes of work to be done and materials to be furnished under this Contract have been estimated and are approximate and only for the purpose of comparing on a uniform basis the bids offered for the work. It is also understood that the Contractor has made his/her proposal from his/her own examinations and estimates and shall not hold the City, its agents or employees responsible for or bound by any schedule, estimate, sounding, boring or any plan thereof as being even approximately correct; and should the Contractor encounter quicksand or other difficulties, he/she shall have no claim on that account; and he/she shall, if any error in any plan, drawing, specification or direction relating to anything to be done under this Contract comes to his/her knowledge, report it at once to the Engineer. The Contractor further agrees that neither the City of Lewiston, nor the Director of Public Services, the Engineer, nor either of them separately or together are to be held responsible that any of the quantities be found even approximately correct in the construction of the work, and that the Contractor will make no claim for anticipated profits or for loss of profit because of a difference between the quantities of the various classes of work actually done, or of the materials actually delivered, and any estimated quantities stated in the bids. The Contractor hereby agrees that he/she will complete the entire work to the satisfaction of the Engineer and in accordance with the Specifications and Plans herein mentioned and at the prices agreed upon and fixed therefore. 20.12 COMMENCEMENT OF WORK: The Contractor agrees to commence the work required in the Contract Documents within ten (10) days after the signing of the Contract and deliverance of the Bond, unless otherwise specified in the Supplemental Specifications or directed by the Director of Public Services; and at his/her own cost and expense do and complete all the work and furnish all the labor, machinery, tools and materials, except as specified in the Supplemental Specifications, and to do everything required to build and put into complete working order for the City of Lewiston the work described in the Contract Documents. 20.13 TIME AND ORDER OF DOING WORK: The Contractor agrees that the work shall be commenced and carried on at such points and in such order of precedence and at such times and seasons as may from time to time be directed by the Engineer. It is further agreed that no work shall be done under this Contract on Saturdays or Sundays or on days declared by the State Legislature as Legal Holidays, except in cases of emergency and then only with the consent in writing of the Director of Public Services; nor shall any work be done at night unless authorized in writing by the Director. The Contractor shall make his/her work week conform to that of the Public Services Department. When permission is granted to perform work during times other than this work week, the Contractor shall reimburse the City for any costs for inspection during these periods. ---PAGE BREAK--- 208 20.14 NO DAMAGES FOR DELAY: The Director may delay the beginning of the work or any part thereof if the City shall not have obtained possession of the land in or upon which the same is to be performed or if for any other reason it becomes necessary to do so. The Contractor shall have no claim for damages on account of such delay, but shall be entitled to so much additional time wherein to perform and complete this Contract on his/her part as the Director shall certify in writing to be just. Whenever any part of the work covered by this Agreement is done in part by or connects with the work so as to accommodate the work of the other contractors and to cooperate with such contractors in mutual agreements as to all such work, and no contractor shall have a claim against the City growing out of the negligence or delay of any other contractor or contractors; but each contractor shall be liable to every other contractor for any such delay or negligence. 20.15 COMPETENT PERSONNEL TO BE EMPLOYED: The Contractor shall employ only competent personnel to do the work; and whenever the Director shall notify the Contractor, in writing, that any person on the work is, in his/her opinion, incompetent, unfaithful, disorderly or otherwise unsatisfactory, such person shall be discharged from the work and shall not again be employed on it except with the consent of the Director. 20.16 NOT TO SUBLET OR ASSIGN: The Contractor shall give his/her personal attention constantly to the faithful prosecution of the work, shall keep the same under his/her personal control and shall not assign, by power of attorney or otherwise, nor sublet the work or any part thereof, without the previous written consent of the Director; and shall not, either legally or equitably, assign any of the money payable under this Agreement or his/her claim thereto, unless by and with the like consent of the Director. 20.17 DIRECTIONS AND EXPLANATIONS, CORRECTIONS OF ERRORS: The Plans and Specifications are understood to be explanatory of each other, but should any discrepancy appear or any misunderstanding arise as to the import of anything contained in either of them, the parties hereto further agree that the explanation and decision of the Engineer shall be final and binding on the Contractor; and all directions or explanations required or necessary to complete any of the provisions of this Contract and these Specifications and give them due effect shall be given by the Engineer. Correction of any error in the Plans or Specifications may be made by the Engineer, when such correction is necessary for the proper fulfillment of the intention of such Plans or Specifications, the effect of such correction to date from the time that the Engineer gives due notice in writing to the Contractor. ---PAGE BREAK--- 209 20.18 DUTY TO NOTIFY ENGINEER IF AMBIGUITIES DISCOVERED: The Contractor shall not take advantage of any ambiguity, error, omission, conflict, or discrepancy (“ambiguity, etc.”) contained in the Plans and Specifications that may significantly affect the cost, quality, conformity, or timeliness of the work. If the Contractor discovers any such ambiguity, etc., for which the Contractor may seek adjustments to compensation, time, or other Contract requirements, the Contractor shall provide a written notice stating the nature of the ambiguity, etc. within forty eight (48) hours of discovering or being notified of the ambiguity and before performing any work related to the ambiguity, etc., as provided in Section 20.19 – Early Negotiation. Failure to provide such written notice in compliance with the Contract shall constitute a waiver of all claims related to the ambiguity, etc. 20.19 EARLY NEGOTIATION: A. Notice Required: When the Contractor becomes aware of facts or circumstances that may cause the Contractor to seek additional compensation, time, or any other change in the requirements of the Plans and Specifications (“Issue”), then the Contractor shall notify the Engineer in writing within forty eight (48) hours of identification of the issue and at least 48 hours before commencing any part of the Work relating to the Issue. The notice must describe the basic nature and extent of the Issue. Such notice may be verbal only if confirmed in writing in one of the two following ways: if a Progress Meeting is held within fourteen (14) days of the date that the Issue became known, such Notice may be confirmed with an entry in the Progress Meeting minutes. Such entry must describe the basic nature and extent of the Issue. Otherwise, the Contractor shall confirm a verbal notice by delivering to the Engineer, within fourteen (14) days of the date the Issue arose, a Written Notice that describes the basic nature and extent of the Issue. The written notice or confirmation will be known as a “Notice of Issue for Consideration”. The Contractor will not be entitled to any additional compensation, time, or any other change to the requirements of the Plans and Specifications without a timely Notice of Issue for Consideration. B. Negotiation: When the Engineer receives the Notice of an Issue for Consideration conforming to Section 20.19 A. Notice Required, the Engineer and the Contractor will negotiate in good faith to attempt to resolve the Issue. Any resolution will be noted in the Progress Meeting minutes or confirmed otherwise in writing by the Engineer. Any changes to the Plans and Specifications that affect compensation, time, quality, or other requirements of the Plans and Specifications shall be by written Change Order. 20.20 SUPERINTENDENCE BY DEVELOPER: 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 ---PAGE BREAK--- 2010 that capacity for the particular job involved unless he/she ceases to be on the Contractor’s payroll. All directions given to such representative in the Contractor’s absence shall be as binding as if given to the Contractor. 20.21 ALTERATIONS: It is further agreed that the Engineer may make alterations in the line, grade, form, position, dimension or material of the work herein contemplated, or any part thereof, either before or after the commencement of the work; and that the Director may at any time, order an alterations increase in the amount of work. Such increase shall be paid for according to the quantity actually done as extra work as provided for in Section 20.29. If such alterations diminish the quantity of work to be done, they shall not constitute a claim by the Contractor for damages or for anticipated profits on the work dispensed with and payment will be reduced in an amount determined as provided for in Section 20.30. 20.22 NO CITY EMPLOYEE TO BE INTERESTED: It is further agreed that this Contract shall be utterly void as to the City if any person employed in any capacity by the City of Lewiston is either directly or indirectly interested therein, except as provided by the City Charter. 20.23 WAIVER: No order by the Inspector or the Engineer or any of his/her employees, nor any order, measurement or certificate by the Engineer, nor any order by him/her for the payment of money, nor any payment for, or acceptance of, the whole or any part of the work by the Director, nor any extension of time, nor any possession taken by the Director or his/her employees, shall operate as a waiver of any provision of this Contract, or of any power herein reserved by the Director, or of any right to damages herein provided; nor shall any waiver of any breach of this Contract be held to be a waiver of any other or subsequent breach. Any remedy provided in this Contract shall be taken and construed as cumulative, that is, in addition to each and every other remedy herein provided and the City and the Director shall also be entitled to a writ of injunction against any breach of any of the promises of this Contract. 20.24 ACCESS TO WORK: The Engineer and Director, their assistants and inspectors may, for any purpose, enter upon the work and premises used by the Contractor, therefore, the Contractor shall provide safe and proper facilities therefore. Other City Contractors may also, for all the purposes which may be required by their contracts, enter upon the work and premises used by the Contractor. Any difference or conflicts which may arise between the Contractor and other Contractors of the City in regard to their work shall be adjusted and determined by the Director. ---PAGE BREAK--- 2011 20.25 ENGINEER TO DETERMINE AMOUNT AND QUANTITY OF WORK, INSPECTION OF MATERIALS: To prevent all disputes and litigations, it is hereby agreed by and between the parties to this Contract that the Engineer shall in all cases determine the amount and quality of the various classes of work which are to be paid for under this Contract; and that the Engineer by himself/herself, or his/her representatives acting under him/her, shall inspect all the materials to be furnished and all work to be done under this Contract to see that the same corresponds to the Specifications herein set forth. The Contractor further agrees that he/she will furnish the Engineer with such information and vouchers relating to the work, the materials therefore, and the persons employed thereon, as he/she shall from time to time request, and will give to the Engineer or his/her representatives all necessary labor, tools and facilities for inspecting the material to be furnished and the work to be done under this Contract. The Engineer has the authority to stop the work whenever such a stoppage may be necessary to insure proper execution of this Contract. He/she also has the authority to reject all work and materials which do not conform to the Specifications or Plans, to direct application of forces to any portion of the work and to order the force increased or diminished as in his/her judgment is required. 20.26 DEFECTIVE WORK AND MATERIALS: The inspection of the work shall not relieve the Contractor of any of his/her obligations to this Contract as herein prescribed and defective work shall be made good and unsuitable materials may be rejected, notwithstanding that such work and materials have been previously overlooked by the Engineer and accepted or estimated for payment. If the work or any part thereof shall be found defective at any time before the final acceptance of the whole work, the Contractor shall forthwith make good such defect, in a manner satisfactory to the Engineer, and if any materials brought upon the ground for use in the work, or selected for the same, shall be condemned by the Engineer as unsuitable or not in conformity with the Specifications, the Contractor shall forthwith remove such materials from the vicinity of the work. Nothing in this Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil; but such materials shall, upon being so attached or affixed, become the property of the City. 20.27 SANITARY REGULATIONS: Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation and made fly proof and satisfactory to the Health Officer, shall be constructed and maintained by the Contractor in such a manner and their use shall be strictly enforced. The building or shanties or other structures for housing and personnel will be permitted only at such places as the Director shall approve and the sanitary conditions in or about such shanties or other structures must at all times be maintained in a manner satisfactory to the Director. ---PAGE BREAK--- 2012 20.28 NO INTOXICATING SUBSTANCES: The Contractor shall neither permit nor suffer the introduction or use of intoxicating substances upon or about the works embraced in this Contract or upon any grounds occupied by him/her. 20.29 EXTRA WORK: The City of Lewiston reserves the right to add portions of the work required under this Contract, using the unit prices established in the proposal. The City will determine if all work outlined in the plans or portions thereof shall be built under this Contract prior to the Contact signing. The term Extra Work as used herein refers to and includes work required by the City which, in the judgment of the Director, involves changes in or additions to that are required by the Plans and Specifications; provided, however, such changes or additions do not result from the fault of the Contractor. The Contractor shall do any extra work when and as ordered in writing by the Director or his/her agents specially authorized thereto in writing, and shall, when requested by the Director so to do, furnish itemized statements of cost of the extra work ordered and give the Director access to the accounts, bills and vouchers relating thereto. If the Contractor claims compensation for extra work not ordered as aforesaid, or for any damage sustained, he/she shall, within one week after the beginning of any such work or of the sustaining of any such damage, make a written statement to the Director of the nature of the work performed or damage sustained and shall, on or before the fifteenth (15th) day of the month succeeding that in which any such extra work shall have been done or any such damage sustained, file with the Director an itemized statement of the details and amount of such work or damage; and unless such statements shall be made as so required, his/her claim for compensation shall be forfeited and invalid and he/she shall not be entitled to payment on account of such work or damage. The determination of the Engineer and Director shall be final upon all questions of the amount and value of extra work. If a unit price does not exist, payment for extra work will be actual cost plus fifteen (15%) per cent. No allowance will be made for overhead costs. 20.30 REDUCTION OF WORK: The City of Lewiston reserves the right to delete portions of the work required under this Contract, using the unit prices established in the Proposal. The City will determine if all work outlined in the Plans or portions thereof shall be built under this Contract prior to the Contract signing. The Contractor shall omit and not perform any portion of the work required by the Contract Documents when ordered in writing by the Director or his/her agents specially authorized thereto in writing. If no unit price exists, it will be an estimate to be made by the Director and ---PAGE BREAK--- 2013 the Engineer. Their estimate will be final and binding. These reductions shall not constitute a claim by the Contractor for damage or for anticipated profit on the work dispensed with. 20.31 NO TIME EXTENSION: The Contractor further agrees that the time of completion of the whole work is the essence of the Contract; and that he/she will make every effort to complete the work within the time limit specified in the Supplemental Specifications. In the event the Contractor fails to complete the whole work in the time specified, there shall be deducted from monies due the Contractor, not as a penalty, but as inspection costs, the sum of two hundred ($200.00) dollars for each working day, over and beyond the time limit specified which is required by the Contractor to complete the whole work to the satisfaction of the Engineer and the Director. No extension of the time limit will be considered except in the case of an extremely unusual circumstance beyond the control of the Contractor. Any time extension will be authorized only in writing by the Engineer and Director; in which case the inspection cost charges will begin on the first working day after the extended time limit. 20.32 EMPLOYMENT OF LABOR: The Contractor agrees that in the employment of labor, preference will be given, all things being equal, to citizens of Lewiston, the State of Maine and the United States in their respective order as above noted. 20.33 CONDITIONS UNDER WHICH DIRECTOR MAY COMPLETE WORK: The Contractor hereby agrees that if the work to be done under this Contract shall be abandoned or if this Contract or any part thereof shall be sublet without the previous written consent of the Director, or if the Contract or any claim thereunder shall be assigned by the Contractor otherwise than as herein specified, or at any time the Director shall be of the opinion that the work is unnecessarily or unreasonably delayed, or that the Contractor is willfully violating any of the conditions or agreements of this Contract, or is not executing the Contract in good faith, or is not making such progress in the execution of the work as to indicate its completion within the required time, the Director shall have the power and right to notify the Contractor to discontinue all work or any part thereof under this Contract. Thereupon the Contractor shall discontinue the work or any such parts thereof as the Director shall have the power, by contract with or without advertising, day labor or otherwise as he/she may determine, to employ such labor and obtain such tools and appliances as he/she may deem necessary to work at and be used to complete the work herein described or such parts thereof as the Director may deem necessary, and to use such tools and materials of every description as may be found upon the line of work, and to procure other materials for the completion of the same, and to charge the expense of said labor, tools and materials to the Contractor; and the expense so charged shall be deducted and paid by the City out of such monies as may be due or may become due the Contractor under this Contract or any part thereof. In case such expense is more than the sum which would have been payable under this Contract, if the same had been completed by the Contractor, then the Contractor shall pay the amount owed by the City under this Contract at the time the Contractor is notified in ---PAGE BREAK--- 2014 writing to discontinue the work or any part thereof, plus the amount of the Bond executed by the Contractor for the performance of the Contract. 20.34 PAYMENT FOR MATERIALS: Payments will be made in accordance with the price stated in the Contract. The Contractor may include requests for payment of material delivered to the job site when such requests are accompanied by invoices substantiating the requests for material payment satisfactory to the City. 20.35 GUARANTEE: The Contractor guarantees that the work to be done under this Contract will be done in a good and workmanlike manner and all materials, whether furnished by him/her or the City used in the construction of the work, will be free from defects and flaws and in conformity with the Plans and Specifications in all respects. This guarantee will be for a period of one year after the date of acceptance of the whole work by the City of Lewiston. The Contractor shall at all times, until the final acceptance of the whole work, keep the surface of the streets in the position and condition required by the Plans and Specifications. If at any time within the period of the guarantee, any other part of the work constructed under the terms of this Contract shall in the opinion of the Director require repairing, the Director shall notify the Contractor in writing to make the required repairs. If the Contractor shall neglect to make such repairs to the satisfaction of the Director within the time limit as set forth in the notice in writing to the Contractor of the required repairs, then the Director may make the necessary repairs, by contract or otherwise, and the City shall have a claim against the Contractor in the amount of the expense incurred by the City in making such repairs. It is hereby, however, specifically agreed and understood that this guarantee shall not include any repairs made necessary by any cause or causes other than defective work or materials. 20.36 WORK DAY: A work day shall be any day, other than a State of Maine legal holiday or Sunday, on which weather and working conditions permit the Contractor to make effective use of not less than seventy-five (75%) per cent of the hours during the regular work day. In the event the Contractor is granted permission to engage in work on a legal holiday or Sunday, such a day will be considered and counted as a work day. End of Section ---PAGE BREAK--- 2015