Document Lewiston_doc_6d95297517

CITY OF LEWISTON, MAINE DEPARTMENT OF FINANCE CONTRACT AND CONTRACT DOCUMENTS FOR PARADIS PARK PLAYGROUND EQUIPMENT BID NO. 2014-021 April 8, 2014 PREPARED BY CITY OF LEWISTON APRIL 2014 ---PAGE BREAK--- PARADIS PARK PLAYGROUND EQUIPMENT TABLE OF CONTENTS PAGE NO. Notice to Contractors N-1 Proposal Form P-1 Contract Form C-1 Addenda, If Any Notice of Award NA-1 Notice To Proceed NP-1 Division 1 0 Supplemental Specifications 1 0-1 Division 20 General Provisions 20-1 Landscape Specifications . Federal Conditions, if any ---PAGE BREAK--- CITY OF LEWISTON, MAINE NOTICE TO CONTRACTORS Bid No. 2014-021 Bid Date: April 22, 2014 Sealed proposals for PARADIS PARK PLAYGROUND EQUIPMENT will be received by the office of the Director of Budget/Purchasing, until 2:00 o'clock PM, on April 22, 2014. The general scope of the project includes, but is not limited to, the following: The work is to furnish and install various elements of playground equipment. The project is funded by Community Development Block Grant money and must comply with the Davis Bacon Act. It is the intent to provide three age appropriate play areas with equipment as shown on the three drawings. The equipment includes a play feature for ages 2-5, a set of swings and a bench for adult supervision (see area 3 drawing and equipment identification). In play area 1 and 2, age appropriate equipment for ages 5-12 (see area 1 and 2 drawings with equipment identification). Special Note: Each area identified will be located and prepared by City. Equipment identified is intended to set the standard and level of quality of equipment. Bids for equal and/or superior standard and quality will be considered. The bid will be awarded to a single vendor providing a complete package and able to furnish and install the equipment and meet the proposed completion date of June 30, 2014. 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 to 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 there from, 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: PROPOSAL FOR 2014-021: PARADIS PARK PLAYGROUND EQUIPMENT and addressed to: "Director of Budget/Purchasing, City Hall, Lewiston, Maine". If the Proposal is forwarded by mail, the sealed envelope containing the Proposal and marked as above must be enclosed in a second envelope which shall be addressed to: "Director of ---PAGE BREAK--- Budget/Purchasing, 27 Pine Street, City Hall, Lewiston, Maine 04243-0479." All mailed Proposals should be sent by registered mail to insure delivery. The Bidder's attention is called to the Supplemental Federal Conditions, Federal Labor Standard Provisions and the Wage Rate Schedule appended to these Contract Documents. Should a discrepancy exist between the supplemental Federal Conditions, Federal Labor Standard Provisions and the Wage Rate Schedule and the City's General Provisions, the requirements of the supplemental Federal Conditions, Federal Labor Standard Provisions and the Wage Rate Schedule shall apply. 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. 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 percent (1 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 thirty (30) days after the opening of the Proposals, unless forfeited as herein stipulated. Performance and Payment Bond will not be required of the contractor. The Contract must be signed within ten (1 0) days, Saturdays, Sundays, and holidays excluded, 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 shall be forfeited to the City of Lewiston. The work must be commenced within ten (1 0) days after the date of the Contract signing 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 all expenses incidental to the completion of the work in full conformity with the Contract Documents. The prices must be stated both in words and figures. Should a discrepancy be found between the prices written in words and the prices written in figures, the prices written in ---PAGE BREAK--- 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 thereof; and 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, 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 Special Provisions, Plans or the Standard and 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. Plans and Specifications can be obtained on the City Website at: www.lewistonmaine.gov under Purchasing and "Bids & Awards". All questions by prospective bidders pertaining to the Contract Documents, Plans and Specifications must be received, in writing, by the Director of Budget/Purchasing, at least five days before the date set for the opening of the Proposals. Any questions which, in the opinion of the Director, 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 machine. Bidders shall acknowledge receipt of all Addenda in the space provided therefore in the Proposal Form, whether the Addenda are in response to questions or otherwise issued by the City and whether the Addenda are received by mail, telephone or fax machine. The Special Provisions, Plans, and the Standard and Supplemental Specifications delineate the particular project to which the Contract Documents pertain. Should any discrepancy be found to exist between the Supplemental Specifications and the Standard Specifications and/or the Contract Plans, the Supplemental Specifications and/or Contract Plans shall govern. 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 may be considered irregular and may be rejected for the following reasons: A. If the Proposal is on a form other than that furnished by the City or if the form is altered in anyway. B. 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. ---PAGE BREAK--- 32' ) AREA 1 - - - - 55'-7"- I \ I I \ \ ' \ / I I \ ' 17~011 5000 stR1ES SMNC 8' BEAIA HE1QH GALVANIZED LEGS 1 7~018 Bill SEAT 174018 BELT SEAT w /PROCOARO CIWNS 8' &All HE1GHI W /PROCIIARO CHAINS 8' BEAll HE1GHI AGES 5- 12 1n323 5000 stR1ES S'/llNG 8' BEAIA HE1CifT AIJOITIONAI. BAY GALVANIZED lEGS 174018 BElT SEAT 'N/PROCIIARO CHAINS 8' BEAll HE!CHI 17~018 BHT SEAT 'N /PROCIIARO CHAINS 8' 8£AII HE1GHI 1nJ2J 5000 SERIES SWING 8' BEA.\1 HE!CifT AIJOITIONAL BAY GALVANIZED lEGS 1 7~0 1 8 BELT S£AT w /PROGUAAO CHAINS 8' 8£A.U HE1GHI 17~018 BEll SEAT w /PROCt.IARO CHAJilS 8' BEAll H£1CifT I I I ' \ I I / ( / ' / ' \ \ \ I I I I I I / ---PAGE BREAK--- ) 34'- 4" AREA 2 - - I I I r 1 \ \ l vos® r (~:i-12 y I I \ ' / 156459 GYRO !WISlER ' ' I I / / I - 160253 OVERHEAD EXPLORER AGES 5-12 HEMISPHERE CUMBER 141 683 lEND£Rlurr 72" B£NCii \\1THOUT BACK \ \ \ ' " ' \ \ \ \ 17 1628 1 EVOS 1 ARCH Wl4 ATTACH - POINlS " ' 141683 lENDER TUff 72" BENCH WliHOUI BACK 156465 HANC GUDER R£C0t.IIIENDED fOR CHILDREN 8 10 12 YEARS OLD AGES 8+ FOR HANG GLIDER 160252 BALANCE WINDER I I I I / / / - ' / \ \ \ I I / I ---PAGE BREAK--- 28'-10" l ) AREA 3 176038 FULL BUCKET SEAT W /PROGUARO CHAINS FOR TODDLER SWING 177336 TODDLER SWING DB ONLY AGES 2-5 176038 FULL BUCKET SEAT W /PROCUARO CHAINS FOR TODDLER SWING 141683 TENDERTUFF 72" BENCH WITHOUT BACK TURNING BAR HORIZONTAL lADDER SUPPORT BONGO PANEL (AT GRADE) POD CUMBER AGES 2-5 MINI SUMMIT CLIMBER 182328 PlAYSENSE DESIGN 60 W/HANOHOLDS ~ ' I HORIZONTAL lADDER AGt. c. L ' HOR ? . _AODE~ TRANSFER POINT WIRE BARRIER TRANSFER STEP IV /HANDLOOPS DOUBLE POLY SLIDE ---PAGE BREAK--- • RE00006169 248iBilAKE Sli (Addr Pt 10 401 0) , \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ RE00013327 225 BARTLETT (Addr Pt 10 737 4) • ---PAGE BREAK--- CITY OF LEWISTON PROPOSAL FOR Bid: 2014-021 PARADIS PARK PLAYGROUND EQUIPMENT To: Director of Budget/Purchasing City Hall, Lewiston, Maine The undersigned hereby declares that he/she has carefully examined the location of the proposed work, the proposed Contract Form and the Contract Documents therein referred to and that he/she proposes and agrees, if this Proposal is accepted, that he/she will contract with the City of Lewiston, by its City Administrator, to provide all machinery, tools, labor, equipment and other means of construction and to do all the work and to furnish all the materials, except those specified in the Specifications to be furnished by the City, necessary to complete the work in the manner and time therein prescribed, in accordance with the conditions and requirements set forth in the Contract Documents and the requirements of the 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# Description Lump Sum$ 1) Area 1 Ages 5-12 8 - Belt Seat SwinQ Set as shown Dollars and Cents $ 2) Area 2 Play Structure that includes: EVOS - Type Arch Gyro Twister Balance Winder Overhead Explorer Hang Glider Two Tender Tuff Benches Age appropriate sign Ages 5-12 as specified Dollars and Cents $ 3) Area 3 Play Structure that includes: Play Sense Structure with elements as shown Swing set with full bucket seats as shown Toddler swing frame as shown One Tender Tuff Bench Age appropriate sign Ages 2-5 as specified Dollars and Cents $ TOTAL BID Dollars and Cents $ Note: Bid to include a separate listing of item within each area- Make & Model. Item list shall be submitted with Bid Proposal. All proposals to be equal or superior to equipment listed on drawings, manufactured by Landscape Structures Inc., Delano MN. 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 P-1 ---PAGE BREAK--- within ten (1 0) days, Saturdays, Sundays and Holidays, excluded, and that he/she will commence the work within ten (1 0) 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 Budget/Purchasing in writing; and that he/she will prosecute the work to its completion within the time limit specified in the Supplemental Specifications. The undersigned further agrees that there shall be deducted from monies due the Contractor. not as a penalty, but as inspection costs, the sum of two hundred ($200.00) dollars for each working day beyond the time limit specified in the Supplemental Specifications which is required by the Contractor to complete the whole work to the satisfaction of the Director of Budget/Purchasing. The undersigned further agrees that in the employment of labor, preference will be given, all other things being equal, to the citizens of Lewiston and of the State of Maine, in that order. The undersigned hereby further declares that the only persons or parties interested in this Proposal, as principals, are named below; that the Proposal is made without any connection with any other person or party making any Proposal for the same work; and that no person acting for or employed by the City of Lewiston is directly or indirectly interested in this Proposal or in any contract which may be made under it or in profits expected to arise there from, except as provided by the City Charter. The full names and addresses of all persons and parties interested in this Proposal, as principals, are as follows: (Give first and last names in full; and in the case of a Corporation. give names and addresses of President, Treasurer and Manager; and in case of a Partnership, give names and addresses of members): Accompanying this Proposal is a bid security deposit in the amount of$ ).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. Company Name Firm's IRS 1.0. # Address Signature NamefTitle (printed) Telephone# Fax# Date P-2 ---PAGE BREAK--- CITY OF LEWISTON, MAINE CONTRACT FOR PARADIS PARK PLAYGROUND EQUIPMENT BID: 2014-021 This Agreement, made and entered into this day of in the year two thousand 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. That this Agreement includes the following documents hereinafter referred to as Contract Documents, which are attached hereto and incorporated by reference into this Agreement: A. Notice to Contractors B. Proposal C. Contract D. Notice of Award E. Notice to Proceed F. Supplemental Specifications G. Standard Specifications H. Landscaping Specifications I. Contract Plans, if any J. Addenda, if any K. 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 Special Provisions, Plans, and the Standard and 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. NA-1 ---PAGE BREAK--- ---PAGE BREAK--- NOTICE OF AWARD To: Project Description: PARADIS PARK PLAYGROUND EQUIPMENT Bid#: 2014-021 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 a total award of=$ You are required by the Information for Bidders to execute the Agreement and certificates of insurance within ten (1 0) days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said BONDS within ten (1 0) 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 SECURITY. 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 By: DIRECTOR OF BUDGET/PURCHASING ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by (firm) _ this the day 2014 By: Title: NA-1 ---PAGE BREAK--- NOTICE TO PROCEED To: Project Description: PARADIS PARK PLAYGROUND EQUIPMENT Bid#: 2014-021 You are hereby notified to proceed with the work entitled PARADIS PARK PLAYGROUND EQUIPMENT, 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 (1 0) calendar days from the date of this Notice to Proceed. The work is to be completed by June 30. 2014 as stated in the Contract. By: Norman Beauparlant Title: Director of Budget/Purchasing Date: _ NP ---PAGE BREAK--- DIVISION 10 SUPPLEMENTAL SPECIFICATIONS PAGE NO 10.01 Scope of Work 10-1 10.02 Time Limit 10-1 10.03 Governing Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-2 10.04 10-2 10.05 Preconstruction Conference . . . . . . . . . . . . . . . . . . . . 10-2 10.06 Change in the Scope of Work. 10-2 10.07 Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-2 10.08 Field Layout 10-2 10.09 Disposal of Surplus 10-2 10.10 Shop Drawings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0-3 10.11 Site Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-3 10.12 Maintenance of 1 0-3 1 0.13 Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0-3 10.14 10-3 10-0 ---PAGE BREAK--- DIVISION 10 SUPPLEMENTAL SPECIFICATIONS PARADIS PARK PLAYGROUND EQUIPMENT 10.01 SCOPE OF WORK The general scope of the project includes, but is not limited to, the following: The work is to furnish and install various elements of playground equipment. The project is funded by Community Development Block Grant money and is subject to Davis Bacon Act Wage Determinations. It is the intent to provide three age appropriate play areas with equipment as shown on the three drawings. The equipment includes a play feature for ages 2-5, a set of swings and a bench for adult supervision (see area 3 drawing and equipment identification). In play area 1 and 2, age appropriate equipment for ages 5-12 (see area 1 and 2 drawings with equipment identification). Special Note: Each area identified will be located and prepared by City. 10.02 TIME LIMIT The Contractor shall complete the work outlined in the Contract Documents by no later than June 30, 2014. The Contractor shall be responsible for ordering his/her materials 10.03 SAFETY During the course of the work, the Contractor shall assume full responsibility for the safety and protection of all workers and the general public, and shall meet all applicable local, State and Federal safety standards. The contractor shall maintain safe and continuous vehicular and pedestrian traffic while work is being done. 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. Bidders are urged to make themselves familiar with these requirements of the regulations. 10-1 ---PAGE BREAK--- 10.04 CHANGE IN THE SCOPE OF WORK The City of Lewiston reserves the right to add or delete portions of the work required under this Contract, using unit prices established in the Proposal. The Contractor's attention is directed to Sections 20.29, "Extra Work" and 20.30 "Reduction of Work" of the Specifications. If no unit price exists, a change order must be negotiated between the City of Lewiston and the Contractor. 10.05 MATERIALS The Contractor shall supply all materials, equipment, and labor as necessary to complete the Project in accordance with the Plans and Specifications. 10.06 FIELD LAYOUT The City shall provide control points once for the Contractor. The Contractor shall establish baseline from the supplied control points. The baseline in these Specifications is for reference only to locate items and is not meant to be exact locations. If, during the course of construction, the layout points, benchmarks, or control points are disturbed by the Contractor, it shall be his/her responsibility to re-establish their locations. 10.07 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, any dewatering, the machinery and services required to complete the Project as required by the Contract Documents and all other aspects of the work. 10.08 CLEAN UP All debris resulting from the operations under this Contract and all tools and apparatus are to be removed from the site at the completion of the work and the site left clear and free from hazards, to the satisfaction of the City of Lewiston. End of Section 10-2 ---PAGE BREAK--- 20.01 20.02 20.03 20.04 20.05 20.06 20.07 20.08 20.09 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 20.35 20.36 DIVISION 20 GENERAL PROVISIONS STANDARD SPECIFICATIONS Scope . Definitions . Insurance and Liability . Dispute Resolution Cost and Expenses . Laws and Regulations . Permits . Estimates and Payments . Final Estimate and Payment . Last Payment to Terminate Liability of City . Site Investigation . Borings and Estimate of Quantities Not Warranted . Commencement of Work . Time and Order of Doing Work . No Damages for Delay . Competent Personnel to be Employed . Not to Sublet or Assign . Directions and Explanations, Corrections of Errors . Duty to Notify Engineer if Ambiguities Discovered . Early Negotiation . Superintendence by Contractor . Alterations . No City Employee to be Interested . Waiver . Access to Work . Engineer to Determine Amount and Quantity of Work, Inspection of Materials . Defective Work and Materials . Sanitary Regulations . No Intoxicating Drinks . Extra Work . Reduction of Work . No Time Extension . Employment of Labor . Conditions under Which Director May Complete Work . Payment for Materials . Guarantee . Work Day . PAGE NO. 20-1 20-1 20-2 20-3 20-3 20-4 20-4 20-4 20-4 20-5 20-5 20-5 20-6 20-6 20-6 20-6 20-6 20-7 20-7 20-7 20-8 20-8 20-8 20-8 20-8 20-9 20-9 20-9 20-9 20-10 20-10 20-11 20-11 20-11 20-11 20-12 ---PAGE BREAK--- DIVISION 20 GENERAL PROVISIONS STANDARD SPECIFICATION 20.01 SCOPE: These Standard Specifications and Addenda, if any, are to govern construction of storm sewers, sanitary sewers, water lines, streets, sidewalks, parking lots, general construction and other related work, for the City of Lewiston, and they shall become part of any contract with the City for the construction of said work. Provisions of these Specifications shall be modified or changed only in writing. These Standard Specifications will be amended by Supplemental Specifications as necessary and by Contract Plans. The Supplemental Specifications and Contract Plans delineate the particular project to which the Contract Documents pertain. Should any discrepancy be found to exist between the Standard Specifications and the Supplemental Specifications and/or the Contract Plans, the Supplemental Specifications and/or Contract Plans shall govern. 20.02 DEFINITIONS: A. Contract Documents: Whenever the term Contract Documents, or a pronoun in its stead, is used, it shall mean and include, but not necessarily limited to, these items: The Notice to Contractors, the Proposal, the Contract, the Supplemental Specifications, the Standard Specifications, the Contract Plans, any other documents included with these Specifications and attached thereto, and any Addenda to the above issued prior to the date of this Contract. B. Contractor: Whenever the term Contractor, or a pronoun in its stead, is used, it shall mean the person or persons or co-partnership or corporation or other entity which has entered into this agreement or their legal representative. C. Owner: Whenever the term Owner, or a pronoun in its stead is used, it shall mean the City of Lewiston, acting through its designated officials and/or employees. D. City Engineer or Engineer: Whenever the term City Engineer, or a pronoun in its stead, is used, it shall mean the City Engineer of the City of Lewiston or his/her assistants or inspector acting under him/her or his/her duly authorized representatives acting for him/her, limited to the particular duties entrusted to them. ---PAGE BREAK--- E. Director of or Director: Whenever the term Director of, Director or a pronoun, in their stead is used, it shall mean the Director of the City of Lewiston or his/her assistants or inspectors acting under him/her, limited to the particular duties entrusted to them. F. ASTM: Whenever the abbreviation ASTM is used, it shall mean the American Society for Testing Materials; and, unless otherwise stated, refer to the latest revision of the particular standard. G. Specification: Whenever the term Specifications or a pronoun in its stead is used, it shall mean and include the Standard Specifications as herein set forth and any Supplemental Specifications included in the Contract Documents. 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 ---PAGE BREAK--- in consequence of any improper materials, implements or labor used therein; and to any act, omission or neglect of the Contractor and his/her employees therein. The Contractor shall furnish proof of coverage with adequate insurance of the types and to the limits specified below naming the City of Lewiston as additional insured. Certificate of such insurance shall be filed with the Director of Budget/Purchasing for his/her approval before permission to commence work will be granted. INSURANCE REQUIREMENTS A. Claims: The City of Lewiston will not be held responsible for any damages or injuries arising out of any snow removal activity for the City. Any related claim will be referred to the Contractor. The contractor may wish to make personal restoration within a reasonable amount of time at the property owner's satisfaction or process a claim with their insurance carrier. B. Insurance: The Contractor shall furnish proof of coverage with adequate insurance of the types and to the limits specified below naming the City of Lewiston as additional insured. Certificate of such insurance shall be filed with the Director of Budget/Purchasing by contract signing. 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. 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. 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 a 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 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 ---PAGE BREAK--- by the successful bidder. The bonds will be required prior to execution of the Contract. • Bid 2014-021 does not require Performance and Labor and Material Payment Bonds. 20.04 DISPUTE RESOLUTION COSTS AND EXPENSES: In the event of any dispute between or involving the City of Lewiston and Contractor, whether resolved by arbitration, litigation or some other mechanism of dispute resolution, in the event that the City shall be a prevailing party, Contractor shall reimburse the City for its attorney's fee and costs reasonably incurred in connection with the resolution of the dispute. 20.05 LAWS AND REGULATIONS: The Contractor shall keep himself/herself informed of all existing and future State and Federal laws and Municipal ordinances and regulations which in any way affect those engaged or employed in the work, or the materials used in the work; or in any way affect the conduct of the work and of all orders and decrees of bodies of tribunals having any jurisdiction is discovered in the Plans or Specifications or Contract for this work in relation to any such law, ordinance, regulation, order or decree, he/she shall forthwith report the same to the Director in writing. He/she shall at all times himself/herself observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees; and shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by himself/herself or his/her employees. 20.06 PERMITS: The Contractor shall, at his/her own expense, obtain all necessary permits from the County, Municipal or other public authorities, shall give all notices required by law or ordinances; and shall post all bonds and pay fees and charges incident to the due and lawful prosecution of the work covered by this Contract. 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 ---PAGE BREAK--- may, if he/she deems it expedient so to do, cause estimates to be made more frequently than once in each month, and he/she may approve payments to be made more frequently to the Contractor. The Engineer may at his/her option retain, temporarily or permanently, a smaller amount than aforesaid, and may approve payment to the Contractor, either temporarily or permanently from time to time during the progress of the work, of such portion of the retained amount as he/she may deem prudent. The City, may keep any money which would otherwise be payable at any time hereunder, and apply the same, or so much as may be necessary therefore, to the payment of any expenses, losses, or damage incurred by the City and determined as herein; and may retain, until all claims are settled, so much of such money as the Director shall be of the opinion will be required to settle all claims against the City, its officers, agents or servants. 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 hereby reserved, to reject the whole or any portion of the aforesaid work should the said certificate or certificates be found or known to be inconsistent with the terms of this Agreement or otherwise improperly given. 20.9 LAST PAYMENT TO TERMINATE LIABILITY OF CITY: No person or corporation other than the signer of this Contract as Contractor now has any interest hereunder, and no claim shall be made or be valid; and neither the City, nor its Mayor, nor any member or agent thereof, shall be liable for, or be held to pay any money, except as provided for in Sections 20.07, 20.08, 20.16, and 20.33 of the Standard Specifications and in the Contract. The Acceptance by the Contractor of the last payment aforesaid shall operate as and shall be a release to the City, its Mayor, and every member or agent thereof, from all claim or liability to the Contractor for anything done or furnished for, or relating to the work, or for any act or neglect of the City, or of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be of the amount kept or retained as provided for in Section 20.07. ---PAGE BREAK--- 20.10 SITE INVESTIGATION: The Contractor shall examine the Plans, Specifications and site of the work and from his/her own investigation, determine the nature and location of the work, the general and local conditions, particularly those bearing on access, transportation, quality and quantity of surface and sub-surface materials to be encountered, and all other aspects of the work, machinery and services required to complete the project as required by the Contract Documents. The City will not be responsible for any understanding or representation made by any City employee during or prior to negotiation and execution of the Contract, unless such understanding or representation shall be in writing and become a part of the Contract Documents. 20.11 BORINGS AND ESTIMATE OF QUANTITIES NOT WARRANTED: It is expressly understood and mutually agreed to by the parties hereto that the quantities of the various classes of work to be done and materials to be furnished under this Contract have been estimated and are approximate and only for the purpose of comparing on a uniform basis the bids offered for the work. It is also understood that the Contractor has made his/her proposal from his/her own examinations and estimates and shall not hold the City, its agents or employees responsible for or bound by any schedule, estimate, sounding, boring or any plan thereof as being even approximately correct; and should the Contractor encounter quicksand or other difficulties, he/she shall have no claim on that account; and he/she shall, if any error in any plan, drawing, specification or direction relating to anything to be done under this Contract comes to his/her knowledge, report it at once to the Engineer. The Contractor further agrees that neither the City of Lewiston, nor the Director of, 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 (1 0) days after the signing of the Contract and deliverance of the Bond, unless otherwise specified in the Supplemental Specifications or directed by the Director of Public Works; and at his/her own cost and expense do and complete all the work and furnish all the labor, machinery, tools and materials, except as specified in the Supplemental Specifications, and to do everything required to build and put into complete working order for the City of Lewiston the work described in the Contract Documents. ---PAGE BREAK--- 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; 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 Department. When permission is granted to perform work during times other than this work week, the Contractor shall reimburse the City for any costs for inspection during these periods. 20.14 NO DAMAGES FOR DELAY: The Director may delay the beginning of the work or any part thereof if the City shall not have obtained possession of the land in or upon which the same is to be performed or if for any other reason it becomes necessary to do so. The Contractor shall have no claim for damages on account of such delay, but shall be entitled to so much additional time wherein to perform and complete this Contract on his/her part as the Director shall certify in writing to be just. Whenever any part of the work covered by this Agreement is done in part by or connects with the work so as to accommodate the work of the other contractors and to cooperate with such contractors in mutual agreements as to all such work, and no contractor shall have a claim against the City growing out of the negligence or delay of any other contractor or contractors; but each contractor shall be liable to every other contractor for any such delay or negligence. 20.15 COMPETENT PERSONNEL TO BE EMPLOYED: The Contractor shall employ only competent personnel to do the work; and whenever the Director shall notify the Contractor, in writing, that any person on the work is, in his/her opinion, incompetent, unfaithful, disorderly or otherwise unsatisfactory, such person shall be discharged from the work and shall not again be employed on it except with the consent of the Director. 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 ---PAGE BREAK--- 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. 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 ---PAGE BREAK--- 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 mi'nutes or confirmed otherwise in writing by the Engineer. Any changes to the Plans and Specifications that affect compensation, time, quality, or other requirements of the Plans and Specifications shall be by written Change Order. 20.20 SUPERINTENDENCE BY CONTRACTOR: At the site of the work, the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he/she ceases to be on the Contractor's payroll. All directions given to such representative in the Contractor's absence shall be as binding as if given to the Contractor. 20.21 ALTERATIONS: It is further agreed that the Engineer may make alterations in the line, grade, form, position, dimension or material of the work herein contemplated, or any part thereof, either before or after the commencement of the work; and that the Director may at any time, order an alterations increase in the amount of work. Such increase shall be paid for according to the 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. ---PAGE BREAK--- 20.23 WAIVER: No order by the Inspector or the Engineer or any of his/her employees, nor any order, measurement or certificate by the Engineer, nor any order by him/her for the payment of money, nor any payment for, or acceptance of, the whole or any part of the work by the Director, nor any extension of time, nor any possession taken by the Director or his/her employees, shall operate as a waiver of any provision of this Contract, or of any power herein reserved by the Director, or of any right to damages herein provided; nor shall any waiver of any breach of this Contract be held to be a waiver of any other or subsequent breach. Any remedy provided in this Contract shall be taken and construed as cumulative, that is, in addition to each and every other remedy herein provided and the City and the Director shall also be entitled to a writ of injunction against any breach of any of the promises of this Contract. 20.24 ACCESS TO WORK: The Engineer and Director, their assistants and inspectors may, for any purpose, enter upon the work and premises used by the Contractor, and the Contractor shall provide safe and proper facilities therefore. Other City contractors may also, for all the purposes which may be required by their contracts, enter upon the work and premises used by the Contractor. Any difference or conflicts which may arise between the Contractor and other contractors of the City in regard to their work shall be adjusted and determined by the Director. 20.25 ENGINEER TO DETERMINE AMOUNT AND QUANTITY OF WORK, INSPECTION OF MATERIALS: To prevent all disputes and litigations, it is hereby agreed by and between the parties to this Contract that the Engineer shall in all cases determine the amount and quality of the various classes of work which are to be paid for under this Contract; and that the Engineer by himself/herself, or his/her representatives acting under him/her, shall inspect all the materials to be furnished and all work to be done under this Contract to see that the same corresponds to the Specifications herein set forth. The Contractor further agrees that he/she will furnish the Engineer with such information and vouchers relating to the work, the materials therefore, and the persons employed thereon, as he/she shall from time to time request, and will give to the Engineer or his/her representatives all necessary labor, tools and facilities for inspecting the material to be furnished and the work to be done under this Contract. The Engineer has the authority to stop the work whenever such a stoppage may be necessary to insure proper execution of this Contract. He/she also has the authority to reject all work and materials which do not conform to the Specifications or Plans, to direct application of forces to any portion of the work and to order the force increased or diminished as in his/her judgment is required. ---PAGE BREAK--- 20.26 DEFECTIVE WORK AND MATERIALS: The inspection of the work shall not relieve the Contractor of any of his/her obligations to fulfill this Contract as herein prescribed and defective work shall be made good and unsuitable materials may be rejected, notwithstanding that such work and materials have been previously overlooked by the Engineer and accepted or estimated for payment. If the work or any part thereof shall be found defective at any time before the final acceptance of the whole work, the Contractor shall forthwith make good such defect, in a manner satisfactory to the Engineer, and if any materials brought upon the ground for use in the work, or selected for the same, shall be condemned by the Engineer as unsuitable or not in conformity with the Specifications, the Contractor shall forthwith remove such materials from the vicinity of the work. Nothing in this Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil; but such materials shall, upon being so attached or affixed, become the property of the City. 20.27 SANITARY REGULATIONS: Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation and made fly proof and satisfactory to the Health Officer, shall be constructed and maintained by the Contractor in such a manner and their use shall be strictly enforced. The building or shanties or other structures for housing and personnel will be permitted only at such places as the Director shall approve and the sanitary conditions in or about such shanties or other structures must at all times be maintained in a manner satisfactory to the Director. 20.28 NO INTOXICATING DRINKS: The Contractor shall neither permit 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 ---PAGE BREAK--- 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 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 ---PAGE BREAK--- 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 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 ---PAGE BREAK--- when such requests are accompanied by invoices substantiating the requests for material payment satisfactory to the City. 20.35 GUARANTEE: The Contractor guarantees that the work to be done under this Contract will be done in a good and workmanlike manner and all materials, whether furnished by him/her or the City used in the construction of the work, will be free from defects and flaws and in conformity with the Plans and Specifications in all respects. This guarantee will be for a period of one year after the date of acceptance of the whole work by the City of Lewiston. The Contractor shall at all times, until the final acceptance of the whole work, keep the surface of the streets in the position and condition required by these Plans and Specifications. If at any time within the period of the guaranty, any other part of the work constructed under the terms of this Contract shall in the opinion of the Director of require repairing, the Director shall notify the Contractor in writing to make the required repairs. If the Contractor shall neglect to make such repairs to the satisfaction of the Director within the time limit as set forth in the notice in writing to the Contractor of the required repairs, then the Director of may make the necessary repairs, by contract or otherwise, and the City shall have a claim against the Contractor in the amount of the expense incurred by the City in making such repairs. It is hereby, however, specifically agreed and understood that this guaranty shall not include any repairs made necessary by any cause or causes other than defective work or materials. 20.36 WORK DAY: A work day shall be any day, other than a State of Maine legal holiday 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--- Davis-Bacon Act The project you are bidding on is being funded with federal dollars. As a result, all work must comply with the Davis Bacon Act. The Davis Bacon Act states that all work over Two Thousand Dollars ($2,000) requires all laborers and mechanics employed by contractors and subcontractors be paid wages at rates not less than those prevailing on similar construction as determined by the Secretary of Labor for the United States. Contractors are required to: • Submit certified time sheets/payroll reports for all hours work on project. The payroll report will include the names, titles and rate of pay for all employees working on the project. Owners of contractor firms who perform the work themselves must list their name, work classification including "owner" and the daily and total hours worked on the project but the owner need not list his/her rate of pay or amount earned ~ • Notify the City of project schedule so employee interviews may be conducted I have enclosed the most recent wage determinations for Davis-Bacon compliance, a copy of the payroll time sheet form which must be completed for all hours worked on project and a copy of the employee interview fonn which will be used to interview all workers. ---PAGE BREAK--- Federal Labor Standards Provisions Applicability The Project or Program to which the construction work covered by this contract pertains Is being assisted by the United State& of America and the following Federal Labor Standards Provisions are Included in this Contract pursuant to the proviSions applicable to such Federal aaaistance A. 1. Minimum Wages. All laborers and mechanics employed or working upon the aile of the work, will be paid unconditionally and not teas often than once a week, and without aubaequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations laaued by the Secretary of Labor under the Copeland Act (29 CFR Part the full amount of wages and bon• fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not leu than those contained In the wage determination of the Secretary of Labor which Ia attached hereto and made a part hereof, regardleaa of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or coats reasonably anticipated for bona fide fringe beneflt.a under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages p11id to such laborers or mechanics , subject to the provisions of 29 CFR 5.5(a)( 1 also, regular contributions made or costa incurred for more than a weekly period (but not leas often than quarterly) under plans, funds, or programs, which cover the particular weekly period. are deemed to be conatructlvely made or Incurred during such weekly period. Such laborers and mechanlca shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, wlthoul regard to skill, except aa provided In 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one claaalflcallon may be compensated at the rate specified for each claaalficatlon for the time actually worked therein: Provided, That the employer's payroll recorda accurately sol forth the time spent In each classification In which work Is performed. Tho wage determination (including any additional clasatncallon and wage rates conformed under 29 CFR 5.5(a)(1 )(II) aod the Davis-Bacon poater (WH- 1321) shall bo posted at all times by the contractor and ita subcontractors at the aile of the work in a prominent and accessible, place where It can be easily seen by the workers. (II) Aoy clasa of laborers or mechanlca which Ia not listed In the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD ahall approve an additional claaalficatlon and wage rate and fringe benefit& therefor only when the following criteria have been met: U.S. Department of Housing and Urban Development Office of Labor Relations The work to be performed by the clasalncatlon requested Ia not performed by a claaalffc.ation In the wage determination; and The claaalflcallon Is utilized In the area by the conatructlon lnduat ry; and The proposed wage rate, including any bona fide fringe benefit&, bears a reasonable relationship to the wage rates contained In the wage determination. If the contractor and the laborers and mechanlca to be employed In the claaalflcatlon (If known), or their repreaentatlvea, and HUD or ita designee agree on the claaalflcatlon and wage rate (Including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or ita designee to the Adminlatrator of the Wage and Hour Division , Employment Standards U.S. Department of Labor, Washington, D.C. 20210. The Admlniatrator, or an authorized representative, will approve, modify, or dlaapprove every ad ditional claaalflcatlon action within 30 days of receipt and ao advise HUO or Ita designee or will notify HUD or Ita dealgnee within the 3Q-day period thai additional time Ia neceaaary. (Approved by the Otrlce of Management and Budget under OMB control number 1215- 0140,) In the event the contractor, the laborers or mechanics to be employed In the claaaificalion or their repreaentatlvoa, and HUD or Ita designee do not agree on the propoaed claaalflcatlon and wage rate (including the amount dealgnated for fringe benefits, where appropriate). HUD or Ita designee shall refer the questions, Including the views of all Interested parties and the recommendation of HUD or Ita designee, to the Administrator for determination. The Administrator, or an authorized repreaentatlve, will laaue a determination within 30 days of receipt and so advise HUD or Ita dealgnee or will notify HUD or Ita designee within the 30-day period thai additional time Ia neceaaary. (Approved by the Office of Management and Budget under OMS Control Number 1215-0140.) The wage rate (Including fringe benaflts where appropriate) determined pursuant to subparagraphs (1 or of this paragraph, shall be paid to all workers performing work In the claaalficatlon under this contract from t he first day on which work Ia performed In the claaalficatlon. (Ill) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanlca lncludea a fringe benefit which Ia not expressed as an hourly rate, the contractor ahall either pay the benefit as stated In the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (lv) If the contractor does not make payments to a trustee or other third peraon, the contractor may consider as part Previous editions are obaolete Page 1 of5 tonn HU0-4010 (0612009) ref. Handbook 1344.1 ---PAGE BREAK--- of the wages of any laborer or mechanic the amount of any costs reasonably anticipated In providing bona (Ide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to sot aside In a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon Its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under thla contract or any other Federal contract with the same prime contractor. or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which Ia held by the aame prime contractor so much or the accrued paymenta or advances u may be considered neceuary to pay laborer• and mechanlca, Including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event or failure to pay any laborer or mechanic, Including any apprentice, tral,ee or helper, employed or working on the site or the work, all or part of the wages required by the contract, HUD or Its designee may, after written notice to the contractor, sponsor, applicant, or owner, take a,uch action aa may be neceuary to cause the suspension or any further payment, advance, or guarantee of funds until such violations have ceased. HUD or Its dealgnee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the reapectlve employees to whom they are due. The Comptroller General shall make such disbursements In the case of direct Davis-Bacon Act contracts. 3. Payrolls and basic records. Payrolls and basic recorda relating thereto shall be maintained by the contractor during the course of the work preserved for a period or three years thereafter for all laborers and mechanics working at the site of tl'1e work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (Including rates of or coats anticipated for bona fide fringe benefits or cash equivalents thereof of (he types described In Section l(b)(2)(B) of the Davla-bacon Act), dally and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor haa found under 29 CFR 5.5 {a}(1 )(lv) that the wages of any laborer or mechanic Include the amount of any costs reasonably anticipated in providing benefits under a plan or program described In Section l(b)(2)(B) of the Davis- Bacon Act, tile contractor shall maintain records which show that the commitment to provide such benefits Is enforceable, that the plan or program Ia financially responsible, and that the plan or program has been Previous editions are obsolete communicated In writing to the laborers or mechanics affected, and records which show the costa anticipated or the actual coat Incurred In providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed In the applicable programs. (Approved by tile Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215..0017.) (II) The contractor shall submit weekly for each week In which any contract work Is performed a copy of ail payrolls to HUb or Its designee If the agency Ia a party to the contract, but If the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmlaalon to HUD or Its designee. The payrolls submitted shall set out accurately and completely all of the Information required to be maintained under 29 CFR 5.5(a)(3)(1) except that full social aecurlty numbers and home addresses shall not be Included on weekly transmittals. Instead the payrolls shall only need to Include an Individually Identifying number for each employee the last four digits of the employee's social security number). The required weekly payroll Information may be submitted in any form desired. Optional Form WH-347 Is available for thla purpose from the Wage and Hour Division Web site at http://Www. dol. hrm or Its succeaaor site. The prime contractor is responsible for the subml lon of copies or payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to tiUD or its designee If the agency Is a party to the contract, but If the agency Ia not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or Its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an Investigation or audit of compliance with prevailing wage requirements. It Ia not a violation or this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for Ita own recorda, without weekly submission to HUD or Its designee. (Approved by the Office of Management ;.nd Budget under OMB Control Number 1215..0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance,· signed by the contractor or aubcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 the appropriate Information Ia being maintained under 29 CFR and that such information Ia correct and complete: Page 2 of5 form HIJ0..4010 {002009) ref. Handbook 1344.1 ---PAGE BREAK--- That each laborer or mechanic (Including each helper, apprentice, and trainee) employed on the contract during the payroll period hat been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deduction• as tet forth in 29 CFR Part 3; That each laborer or !llechanic hat been paid not leu than the applicable wage rates and fringe benefits or cash equivalents for the claaalflcallon of work performed, ss tpecified in the applicable wage determination Incorporated Into the contract. The weekly of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall aatl&fy the requirement lor submission of the "Statement or Compliance• required by subparagraph A.3.(il){b). The falsification or any of the above certification• may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Tille 18 and Section 231 of Title 31 of the United State• Code. (Iii) The contractor or aubcont,.ctor shall make the recorda required under subparagraph A.3.(1) available for inspection, copying, or transcription by authorized repreaentalives of HUD or Its deaignee or the Department or Labor, and thall permit such representatives to Interview employee& during working hou,. on the job. If the contractor or aubcontractor fail• to submit the required records or to make them available , HUO or ita dealgnee may, after written notice to the contractor, aponaor, applicant or owner, take such action may be neceaaary to cauae the suspenalon of any further payment, advance , or guarantee of fUnds. Furthermore, failure to &Ub!T'il the required records upon request or to make such recorda available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. Apprentices. Apprentices will be permitted to work at less than the predetermined rate lor the work they performed when they are employed pursuant to and Individually regl&tered In a bona fide apprentlceahlp program registered with the U.S. Department of Labor, Employment and Training Administration, Offie,o of Apprenticeship Training, Employer and Labor Services, or with a Slate Apprenticeship Agency recognized by the Office, or if a person Ia employed In his or her llrat 90 daya of probationary employment aa an apprentice in such an apprenticeship program, who Is not Individually registered In the program, but who hat been certified by the Ollice of Apprenticeship Training , Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment aa an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft claulflcatlon shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program . Any worker listed on a payroll at an apprentice wage rate, who Previous editions are obsolete Is not registered or olherwite employed as stated above. shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition. any apprentice performing work on the job site In exceaa of the ratio permitted under the registered program shall be paid not leas than the applicable wage rate on the wage determi nation tor the work actually performed. Where a contractor Is performing construction on a project In a locality other than that In which Ita program Is registered , the ratios and wage rates (expressed In percentages of the journeyman's hourly rate) specllled In the contractor's or aubcontractor's registered program shall be observed. Every apprentice must be pa id at not leas than the rate specified In the registered program tor the apprentice's level of progreu, expreased as a percentage of t he journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program . If the apprenticethip program does not apeclry fringe benefits, apprentices mutt be paid the full amount of fringe benefits listed on the wage determination lor the applicable classification. If the determines that a different practice prevails for the applicable apprentice classification, fringes thall be paid in accordance with that determination. In the event the Otfice of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdrawa approval of an apprentlceahlp program, the contractor will no longer be permitted to utilize apprentices at leas than the applicable predetermined rate for the work performed until an acceptable program it approved. (II) Trainees. Except as provided In 29 CFR 5.16, trainees will not be permitted to work at leu than the predetermined rate for the work performed unleas they are employed pursuant ·,to and individually registered In a program which has received prlor approval, evldonced by formal certification by the U.S. Department of Labor, Employment and Training Adminlatration . The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not leas than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified In the applicable wage determination. Trainees ahall be paid fringe benefits In accordance with the provisions or the trainee program. If the trainee program doea not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unleaa the Administrator of the Wage and Hour Division determines that there Is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for leas than full fringe benefits lor apprentices. Any employee listed on the payroll at a trainee rate who Is not registered and participating In a training plan approved by Page 3of5 form HLJ0..4010 (0612009) ret Handbook 1344.1 ---PAGE BREAK--- the Employment and Training shall be paid not less than tho applicable wage rate on the wage determination for tho work actually performed. In addition, any trainee performing work on the job aile In excon of the ratio permitted under the regltterod program thall be paid not leu than the applicable wage rate on the wage determination for the work actually performed . In the event the Employment and Training Administration withdrawa approval of a training program, the contractor will no longer bo permitted to utilize trainees at leas than the applicable predetermined rate for the work performed until an acceptable program Ia approved . (Ill) Equal employment opportunity. The utilization of apprentices, tralneoa and journeymen under 29 CFR Part 5 shall be In conformity with the equal employment opportunity requirements of Executive Order 112<46, aa amended, and 29 CFR Part 30. 5. Compliance with Copeland Act raqulrementa. The contractor shall comply with the requirements of 29 CFR Part 3 which are Incorporated by reference In this contract 6. Subcontracts. The contractor or subcontractor will lnaen In any subcontracts the clauaea contained In aubparagrapha 1 through 11 In thia paragraph A and such other clauaea aa HUD or Ita dealgnee may by approprtate lnatructlona require, and a copy of the applicable prevailing wage declalon, and alao a clauao requiring tho subcontractors to Include theae clauaea In any lower tier subcontracta. The prime contractor ahall be reaponalble for the compliance by any aubcontractor or lower tier aubcontractor with all the contract clauaea In th•a paragraph. 7. Contract termination; debarment. A breach of the contract clauses In 29 CFR 5.5 may be grounda for termination of the contract and for debarment as a contractor and a subcontractor 11 provided In 29 CFR 5.12. 8. Compliance with O.vl~n and ~ kt Requl,..,.,ta. All rulings and Interpretations or the Davis-Bacon and Related Acta contained in 29 CFR Parts 1, 3, and 5 are herein Incorporated by reference In this contract 9. Disputes concerning labor atandarda. Olaputaa arlalng out of the labor atandarda provlalons of this contract shall not be subject to tho general dlaputea clause of thla contract. Such dlaputea shall be resolved In accordance with the procedurea of the Department of labor aet forth In 29 CFR Parts 5, 6, and 7 . DlaputH within the meaning of this clauae include disputes between the contractor (or any of its aubcontractora) and HUD or Ita designee, the U.S . Department of labor. or the employees or their repreaentatlvea. 10. Certification of Eligibility. By entering Into this contract the contractor certlnea that neither II (nor he or she) nor any peraon or firm who haa an Interest In the contractor's firm Ia a peraon or firm Ineligible to be awarded Government contracta by virtue of Section 3(a) of the Oavla·Bacon Act or 29 CFR 5.12(a)(1) or 10 be Previous editlona are obaolete awarded HUO contracts or participate in HUD programs purauant to 2<4 CFR Part 2.C . (II) No part of this contract ahall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to b e awarded HUD contracta or participate in HUD programs pursuant to 2<4 CFR Part 2<4 . (iii) The penalty for making falae statements is prescribed In the U.S . Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C "Federal Houalng Admlniatratlon tranucllons", provide a In part: "Whoever, for the purpoae of Influencing In any way the action of such Admlniatration makes, uttera or publishes any atatement knowing the same to be false shall be fined not more than $5,000 or not more than two years, or both.· 11 . Complaints, Proceedings, or Teatlmony by Employeea. No laborer or mechanic to whom the wage, aalary, or other labor atandarda provisions of thia Contract are applicable ahall be discharged or In any other manner discriminated against by the Contractor or any aubcontractor because such employee has flied any complaint or lnatltuted or cauaed to be inatituted any proceeding or has testified or Ia about to teatlly In any proceeding under or relating to the labor atandards applicable under this Contract to hla employer. B. Contract Wori! Hours and Safety Standards Act The provialotw of thla paragraph B are applicable where the amot.nt of the prime contract exceedl $100,000. AI UMd In thla the tenna 1aboi'WI" and "mechalb"lnclude watchmen and guards. Overtime requirements. No contractor or IUbc:oOtrador contraetlng for any part of the corcract wof'k may req\Jre or lnvo!Ye the employment of laborer. or rrood'8nica shall reqllre or permit any auch laborer or mechanic In any ~k In v.ttich the Ia employed on such wof'k to wof'k In excesa of .CO houra in such t.n1ees auch laborer « mechanic receives compenation at a rate not leaa than one and one-tall tlmea the b.alc: rate of pay for all hours wof'ked In exceu of .CO holM'S in such wolkweek. VIolation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause act forth In subparagraph of thla paragraph. the contractor and any subcontractor therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor ahall be liable to the United States (In the case of work done under contract for the of Columbia or a territory, to auch or to auch territory), for liquidated damages. Such liquidated damages shall be computed with reapect to each Individual laborer or mechanic. Including watchmen and guards, employed In violation of the clause aet forth In subparagraph ( 1) of this paragraph, In the Slnl of $10 foe each calendar day on auch - requinld or to work in oxceaa of the standard wo~ of .CO houra without payment of the ovOI1ine wage. required by the clause set fonh In sub paragraph ( 1) of thla paragraph. Page .CotS folm HlJ0.4010 (0612009) ref. H.andbook 1344.1 ---PAGE BREAK--- Withholding for unpaid wages and liquidated damages. HUD or Its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph of this paragraph . Subcontracts. The contractor or subcontractor shall Insert In any subcontracts the clauses set forth In subparagraph through of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth In subparagraphs through of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amolllt of the pr1me cortract exceed& $100,CXX>. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health atandards promulgated by the Secretary of Labor by regulation. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in Imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act , (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete Page5of5 form HUD-4010 (002009) ref. Handbcok 1344.1 ---PAGE BREAK--- Working on Federal or Federally Financed Construction Projects MINIMUM WAGES OVERTmJIE You must be paid not less than the wage rate in the schedule posted with this Notice for the kind of work you perform. You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 a week. There are some exceptions. ---PAGE BREAK--- PROPER PAY WH Publicatlon 1321 Revised January 1986 -tf V S GOV!'RHI>IENT PRINllfoiG OFFICE ' ltel 20t f06 Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. If you do not receive proper pay, contact the Contracting Officer listed below: JAYNE JOCHEM COMMUNITY DEVELOPMENT COORDINATOR CITY OF LEWISTON 27 PINE STREET LEWISTON ME 04240 TELEPHONE #[PHONE REDACTED] EMAIL: [EMAIL REDACTED] or you may contact the nearest office of the Wage and Hour Division, U.S. Department of Labor. The Wage and Hour Division has offices in several hundred communities throughout the country. They are listed in the U.S. Government section of most telephone directories under: U.S. Department of Labor Employment Standards Administration U.S. Department of Labor Employment Standards Administration Wage and Hour Division ---PAGE BREAK--- DAVIS-BACON ACT INSTRUCTIONS FOR FORM WH-347 Contractor or Subcontractor: Fill in your firm's name and check appropriate box. 1· Address: Fill in your fum's address. Column 1 -Name, Address, and Social Security Number of Employee: The employee's full name and Social Security Number must be shown on each weekly payroll submitted. The employee's address must also be shown on the payroll covering the first week in which the employee works on the project. The address need not be shown on subsequent weekly payrolls unless the address changes. Column 2 - Withholding Exemptions: This column is merely inserted for the employer's convenience and is not a requirement ofRegulations, Part 3 and 5. Column 3- Work Cwsirteations: List classification descriptive of work actually performed by employees. Consult classification and minimum wage schedule set forth in contract specifications. If additional classifications are deemed necessary, see Contracting Officer or Agency representative. Employee may be shown as having worked in more than one classification provided accurate breakdown or hours so worked is maintained and shown on submitted payroll by use of separate entries. Column 4 - Hours worked: On all contracts subject to the Contract Work Hours Standard Act enter as overtime hours worked in excess of 8 hours per day and 40 hours a week. Column 5 - Total: Self-explanatory Column 6- Rate of Pay, including Fringe Beuefits: In straight time box, list actual hourly rate paid the employee for straight time worked plus in cash in lieu of fringes paid the employee. When recording the straight time hourly rate, any cash paid in lieu of fringes may be shown separately from the basic rate, thus $3.25/.40. This is of assistance in correctly computing overtime. See "Fringe Benefits" below. In overtime box shown overtime hourly rate paid, plus any cash in lieu of fringes paid the employee. See "Fringe Benefits" below. Payment of not less than time and one-half the basic or regular rate paid is required for overtime under the Contract Work Hours Standard Act of 1962. In addition to paying no less than the predetermined rate for the classification which the employee works, the contractor shall pay to approved plans, funds or programs or shall pay as cash in lieu of fringes amounts predetermined as fringe benefits in the wage decision made part of the contract See "FRINGE BENEFITS" below. FRINGE BENEFITS - Contracton who pay all required fringe benefits: A contractor who pays fringe benefits to approved plans. funds, or programs in amounts not less than were determined in the applicable wage decision ofthe Secretary of labor shall continue to show on the face of the payroll the basic cash hourly rate and overtime rate paid to his employees just as he has always done. Such a contractor shall check paragraph 4(a) of the statement on the reverse of the payroll to indicate that he is also paying to approved plans, funds or programs not less than the amount predetermined as fringe benefits for each craft. Any exceptjons shall be noted in ---PAGE BREAK--- section 4(c). Contractors who pay no fringe benefits: A contractor who pays no fringe benefits shall pay to the employee, and insert in the straight time hourly rate column of the payroll, an amount not less than the predetennined rate for each classification plus the amount of fringe benefits determined for each classification in the applicable wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the halftime premium on basic or regular rate, plus the required cash in lieu of fringes at the straight time rate. In addition, the contractor shall check paragraph 4(b) of the statement on the reverse of the payroll to indicate that he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c). Use of Section 4(c), Ex.ceptions Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a) or 4(b), whichever the contractor may check, shall be entered in section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid the employee as cash in lieu of fringes and the hourly amount paid to plans, funds, or programs as fringes. The contractor shall pay, and shall show that he is paying to each such employee for all hours (unless otherwise provided by applicable determination) worked on Federal or Federally assisted project an amount not less than the predetermined rate plus cash in lieu of fringes as shown in Section 4(c). The rate paid and amount of cash paid in lieu of fringe benefits per hour should be entered in column 6 on the payroll. See paragraph on "Contractors who pay no fringe benefits" for computation of overtime rate. Column 7- Gross Amount Earned: Enter gross amount earned on this project. If part ofthe employees' weekly wage was earned on projects other than the project described on this payroll, enter in column 7 first the amount earned on the Federal or Federally assisted project and then the gross amount earned during the week on all projects, thus $63.00/$120.00. Column 8 - Deductions: Five columns are provided for showing deductions made. If more than five deduction should be involved, use first 4 columns; show the balance deductions under "Other" column; show actual total under "Total Deductions" column: and in the attachment to the payroll describe the deduction contained in the "Other'' column. AJI deductions must be in accordance with the provisions of the Copeland Act Regulations, 29 CFR, Part 3. If the employee worked on other jobs in addition to this project, show actual deductions from his weekly gross wage, but indicate that deductions are based on his gross wages. Column 9- Net Wages Paid for Week: Self-explanatory Totals- Space has been left at the bottom of the columns so that totals may be shown if the contractor so desires. Statement Required by Regulations, Parts 3 and 5: While this form need not be notariz.ed, the statement on the back of the payroll is subject to the penalties provided by 18 USV 1001, namely, possible imprisonment ofS years or $10,000.00 fine or both. Accordingly, the party signing this statement should have knowledge ofthe facts represented as true. ---PAGE BREAK--- Space has been provided between item and of the statement for describing any deductions made. If all deductions made are adequately described in the "Deductions" column above, state "See Deductions column in this payroll." See paragraph entitled "FRINGE BENEFITS" above for instructions concerning filling out paragraph 4 of the statement. ---PAGE BREAK--- I I ' a I .IJ a 0 ·Ia i lt IIIII.CII' ~B I I I~ ~ 0 - ~ !t I s i I I • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 01.011n I ~ r- ~ I ~ ~ ~ I ~ 1- I a I I i r- ~ s· I ~ 1- ! r- ~ ~ !r lj ~ I I i ;s ~ I I I ~ ill 3 I a I i ell § l i I· ~ I !l ~ i le--- I 5 u ltl! 3 • ---PAGE BREAK--- T i ll I i I I ~ i ~ = Ia I n i ) I I li II il I I i ~ft =i II ---PAGE BREAK--- DAVIS BACON ACT SOLE PROPRIETORSHIP FORM I, the undersigned do hereby attest that I am sole proprietor to the firm/corporation/business known as . I further attest that I do not have any other full time trades person(s) to which is employed by the business mentioned above. I agree to notify the Economic & Community Development Division of any changes to my status during the rehabilitation to the project to which I was contracted for. I further agree to comply with the Davis/Bacon requirments should I employ any full- time trade person(s) other than immediate family members, and to submit all payroll documentation that is directly related to the project. Owner Date Witness ---PAGE BREAK--- Record of Employee Interview u.s. Department of Housing and Urban Development Office of Labor Relations OMS Approval No. 250Hl009 (exp. [PHONE REDACTED]) Public reporting burden for this collection ollnformallon Is estimated to average 15 minutes per response, Including the ilme for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. This agency may not collect this information, and you are not required to compie1e this form. unless It displays a currently valid OMB conlrol number. The Information collected in recording Interviews with construction laborers and mechanics Is to assist In achieving compliance wiht the prevaUing wage requirements of the Davls·Baoon and related Acts. Senaltlve lnformation. The Information collected on this form Is considered sensitive and is protected by the Privacy Act. The Privacy Act requires that these records be maintained with approl)l'late administrative, technical, and physical safeguards to ensure their &eeurlty and confidentiality. In addition, these records should be protected a9alnst any anticipated threats or hazards to their security or Integrity which could result In substantial harm. embarrassment Inconvenience or unfairness to any individual on whom the information Is maintained. Pro,iect Number Contractor or Succontractor (Employer) Project Name 1. Name of Employee 2. Home Address and Zip Coda 3a. Last data you worked on project before today Sb. Number of hours worked on project on that data 4. Your hourly pay rata $ 5. Your job classlficatlon(s) (Ust aN) (continue any answers on a separate sheet If necessary) Apprentice? Vas No ~ [J 6. Your duties 7. Tools or equipment used 8. Paid at least time and one-half lor alt hours worked In excess o140 In a week? Vas No (If overtime premium pay Is not requifed, enter "'napplicable•) r=J r=:J 9. Ever threatened. Intimidated, or coerced Into giving up any pen of pay? ~ b 10.Duties observed by Interviewer Conform to ClasslficaUOn? 11. Remarlls (Cont1nue on a separate sheet il nHded) 12.Signatura of Interviewer I Data of Interview Payroll Examination 13.Remarks (Co<1tinue on • uparata allaet It IIM