Document Lewiston_doc_a34326e52a

CITY OF LEWISTON, MAINE DEPARTMENT OF PUBLIC WORKS CONTRACT AND CONTRACT DOCUMENTS FOR 2014 VARIOUS STREET REHABILITATION PROGRAM SUPPORT BID NO. 2014-045 August 7, 2014 PREPARED BY CITY OF LEWISTON ENGINEERING DIVISION ---PAGE BREAK--- i 2014 VARIOUSTREET REHABILITATION PROGRAM SUPPORT 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 10 Supplemental Specifications 10-1 Division 20 General Provisions 20-1 Division 30 Control of Work 30-1 ---PAGE BREAK--- N-1 BID NO: 2014-045 Bid Date: August 7, 2014 CITY OF LEWISTON, MAINE NOTICE TO CONTRACTORS 2014 VARIOUS STREET REHABILITATION PROGRAM SUPPORT Sealed proposals for supporting the City’s Street Rehabilitation Program consisting Alfred A. Plourde Parkway-Webster Street to Lexington Avenue, and Pond Road-House 474 to No Name Pond Road shall be received by the office of Budget/Purchasing until 2:00 o’clock PM on Thursday, August 7, 2014. The City, under another contract will be rehabilitating the described streets to include; pavement reclamation, road pavement, and driveway paving. The scope of work for this proposal is intended to support the City in rehabilitating various streets. The work will include, but not be limited to: furnish and install; two catch basin, nine hundred thirty (930) feet of culvert or storm drain, , two thousand (2000) cubic yards of gravel road base, five thousand (5000) square yards of loam and seed, and adjusting three catch basin grates and manhole covers to grade, gravel addition to streets as needed, removing eighty-five hundred (8,500) square yards of pavement, and anything else incidental to the proper completion of the work. Each bidder is required to state in his/her Proposal his/her name and place of residence and the names of all persons or parties interested as principals with him/her; and that the Proposal is made without any connection with any other bidder making any Proposal for the same work; and that no person acting for, or employed by, the City of Lewiston is directly or indirectly interested in the Proposal or in any contract which may be entered into to which the Proposal relates, or in any portion of the profits 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: ---PAGE BREAK--- N-2 PROPOSAL FOR 2014 VARIOUS STREET REHABILITATION PROGRAM SUPPORT And addressed to: “Director of Budget & Purchasing, City Hall, Lewiston, Maine”. If the Proposal is forwarded by mail, the sealed envelope containing the Proposal and marked as above must be enclosed in a second envelope which shall be addressed to: “Director of Budget & Purchasing, 27 Pine Street, City Hall, Lewiston, ME 04243-0479.” All mailed Proposals should be sent by registered mail to insure delivery. Any bidder may withdraw his/her Proposal prior to the scheduled time for the opening of Proposals upon presentation to the Director of Budget & Purchasing of a request, in writing, to do so. Any bidder who withdraws his/her Proposal within thirty (30) days after the actual opening thereof shall be considered to have abandoned his/her Proposal and the bid security accompanying the Proposal will be forfeited to the City of Lewiston. Any Proposal received after the scheduled opening time will not be considered. The Finance Committee reserves the right to waive any formality and may consider as informal any Proposal not prepared and submitted in accordance with these provisions. The Finance Committee reserves the right to accept any Proposal or reject any or all Proposals if it is deemed to be in the public interest to do so. 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 (10%) of the total bid price, made out in favor of the City of Lewiston. All bid securities will be released upon deliverance of a signed Contract or, if no Contract award is made, within forty-five (45) days after the opening of the Proposals, unless forfeited as herein stipulated. The Contract must be signed within ten (10) days, Saturdays, Sundays, and holidays excepted, after the date of notification to the bidder by the Director of Budget & Purchasing of the acceptance of his/her Proposal and readiness of the Contract to be signed. If the bidder fails or neglects, after such notification, to execute the Contract, the Finance Committee may determine that the Proposal has been abandoned; and, in such case, the bid security accompanying the Proposal shall be forfeited to the City of Lewiston. A Performance Bond and a Labor and Material Payment Bond, preferably executed on AIA Bond Form Number A311 in an amount equal to the total Contract price, of a surety company satisfactory to the Director of Budget & Purchasing, will be required of the successful bidder to ensure completion of the work and the proper fulfillment of the conditions of the Contract. The total Contract price shall mean the total bid price as stated in the Proposal based on the estimated quantities of the various items of work. The work must be commenced within ten (10) days after the date of the Contract signing unless otherwise specified in the Specifications or directed by the Director of Budget & ---PAGE BREAK--- N-3 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 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 specifications or direction relating to anything to be done under this Contract comes to his/her knowledge, report it at once, in writing, to the Engineer. All materials and labor required to complete the work shall be supplied by the Contractor unless otherwise provided for in the Special Provisions, Plans and 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. Contract Documents can be obtained on the City Website at: www.lewistonmaine.gov under Find It Fast and “Bids Specs and Awards”. Contract documents can also be viewed at the following locations: Associated Constructors of ME, 188 Whiten Road, Augusta, ME 04330 Tel. no. 622-4741 Fax no. 622-1625 Email: [EMAIL REDACTED] Portland Construction Summary of ME, Cross Insurance Building, 2331 Congress Street, Maine 04102 Tel. No. [PHONE REDACTED], Email: [EMAIL REDACTED] McGraw-Hill Construction, 3315 Central Avenue, Hot Springs, AR 71913 Tel. No. 781-430- 2004 Email: [EMAIL REDACTED] All questions by prospective bidders pertaining to the Contract Documents, Plans and Specifications must be received, in writing, by the Engineer, at least five days before the date set for the opening of the Proposals. Any questions which, in the opinion of the Director of Budget & Purchasing, require interpretation, will be sent by registered mail, with the interpretation, in the form of a numbered Addendum, to each person or firm who has taken out a set of Contract Documents, not later than three days prior to the scheduled opening of the Proposals. Addenda issued later than three days prior to the scheduled opening of the Proposals may be by telephone or fax machine. Bidders shall acknowledge receipt of all Addenda in the space provided therefore in the Proposal Form, whether the Addenda are in ---PAGE BREAK--- N-4 response to questions or otherwise issued by the City and whether the Addenda are received by mail or 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 will be considered irregular and will 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 any way. 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. C. If the Bidder adds any provisions reserving the right to accept or reject an award or to enter into a Contract pursuant to an award. D. If the Proposal does not contain a unit price for each pay item listed unless otherwise specified. E. If any of the bid prices are unbalanced, or do not reflect the actual cost required to perform the work, as outlined in the Plans and Specifications. The City may set off any unpaid taxes, fees or other charges or other amounts owed by the contractor against the contract price, in full or partial satisfaction. ---PAGE BREAK--- P-1 CITY OF LEWISTON PROPOSAL FOR 2014 VARIOUS STREET REHABILITATION PROGRAM SUPPORT To: Director of Budget & Purchasing City Hall, Lewiston, Maine Dear Sir/Madam: The undersigned hereby declares that he/she has carefully examined the location of the proposed work, the proposed Contract Form and the Contract Documents therein referred to and that he/she proposes and agrees, if this Proposal is accepted, that he/she will contract with the City of Lewiston, by its City Administrator to provide all machinery, tools, labor, equipment and other means of construction and to do all the work and to furnish all the materials, except those specified in the Specifications to be furnished by the City, necessary to complete the work in the manner and time therein prescribed, in accordance with the conditions and requirements set forth in the Contract Documents and the requirements of the Engineer and/or Director of Public Works as provided for therein; and that he/she will accept in full payment therefore the following sums to wit: ITEM EST PAY ITEM DESCRIPTION UNIT BID ITEM NO. QTY UNIT UNIT BID PRICE PRICE PRICE (In Words) (In Figures) (In Figures) 1. 8,500 SY Pavement Removal – Plan Quantity )SY $ 2. 450 LF Ditching )LF $ 3. 10 CY Common Excavation )CY $ ---PAGE BREAK--- P-2 4. 1000 SY Furnish & Install Separation Geotextile ) $ 5. 100 CY Furnish & Install Aggregate Sub-base- )CY $ 6. 2000 CY Furnish & Install Aggregate Base )CY $ 7. 790 LF Furnish & Install 12-inch PE Culvert or Storm Drain )LF $ 8. 140 LF Furnish & Install 18-inch PE Culvert or Storm Drain )LF $ 9. 2 EA Furnish & Install 4' Diameter Catch Basin )EA $ 10. 3 EA Adjust CB Grate to Grade )EA $ 11. 1 EA Adjust MH Cover to Grade )EA $ ---PAGE BREAK--- P-3 12. 480 SY Furnish & Install Riprap )SY $ 13. 5000 SY Furnish & Install Loam, Seed & Mulch )SY $ 14. 1 LS Erosion Control )LS $ 15. 1 LS Traffic Control )LS $ 16. 1 LS Miscellaneous and Clean Up )LS $ TOTAL: ) The undersigned acknowledges the receipt of Addenda numbered . The undersigned further agrees that, after notification by the Director of Budget & Purchasing of the acceptance of his/her Proposal and the readiness of the Contract for signature, he/she will execute the Contract and furnish the required Bonds within ten (10) days, Saturdays, Sundays and Holidays, excepted, and that he/she will commence the work within ten (10) days after the execution of the Contract and deliverance of the Bonds, unless otherwise specified in the Supplemental Specifications or directed by the Director of Public Works or City Engineer 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 ---PAGE BREAK--- P-4 Specifications which is required by the Contractor to complete the whole work to the satisfaction of the Engineer and the Director of Public Works. The undersigned further agrees that in the employment of labor, preference will be given, all other things being equal, to the citizens of Lewiston and of the State of Maine, in that order. The undersigned hereby further declares that the only persons or parties interested in this Proposal, as principals, are named below; that the Proposal is made without any connection with any other person or party making any Proposal for the same work; and that no person acting for or employed by the City of Lewiston is directly or indirectly interested in this Proposal or in any contract which may be made under it or in profits expected to arise 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. Signature of person, firm, or corporation making bid: Signature Name/Title (printed) Legal Address Firm’s IRS I.D. # Mailing Address Telephone # Fax # Date ---PAGE BREAK--- C -1 CITY OF LEWISTON, MAINE CONTRACT FOR 2014 VARIOUS STREET REHABILITATION PROGRAM SUPPORT 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 under the penalties expressed in the Performance Bond and the Labor and Material Payment Bond as follows: That this Agreement includes the following documents hereinafter referred to as Contract Documents, which are attached hereto and incorporated by reference into this Agreement: A. Notice to Contractors B. Proposal C. Contract D. Notice of Award E. Notice to Proceed F. Supplemental Specifications G. Standard Specifications H. Contract Plans, if any I. Addenda, if any ---PAGE BREAK--- C -2 J. 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 as follows: The party of the second part represents and warrants: ITEM EST PAY ITEM DESCRIPTION UNIT BID ITEM NO. QTY UNIT UNIT BID PRICE PRICE PRICE (In Words) (In Figures) (In Figures) 1. 8,500 SY Pavement Removal – Plan Quantity )SY $ 2. 450 LF Ditching )LF $ 3. 10 CY Common Excavation )CY $ 4. 1000 SY Furnish & Install Separation Geotextile ) $ 5. 100 CY Furnish & Install Aggregate Sub-base- )CY $ 6. 2000 CY Furnish & Install Aggregate Base )CY $ ---PAGE BREAK--- C -3 7. 790 LF Furnish & Install 12-inch PE Culvert or Storm Drain )LF $ 8. 140 LF Furnish & Install 18-inch PE Culvert or Storm Drain )LF $ 9. 2 EA Furnish & Install 4' Diameter Catch Basin )EA $ 10. 3 EA Adjust CB Grate to Grade )EA $ 11. 1 EA Adjust MH Cover to Grade )EA $ 12. 480 SY Furnish & Install Riprap )SY $ 13. 5000 SY Furnish & Install Loam, Seed & Mulch )SY $ 14. 1 LS Erosion Control )LS $ 15. 1 LS Traffic Control )LS $ ---PAGE BREAK--- C -4 16. 1 LS Miscellaneous and Clean Up )LS $ TOTAL: ) The party of the second part represents and warrants: A. That he/she is financially solvent; and is experienced in and competent to perform the work; and is able to furnish the plant, materials, supplies, labor, and equipment to be furnished by him/her; and: B. That he/she is familiar with all Federal, State, Municipal and Departmental laws, ordinances and regulations which may in any way affect the work or those employed therein; and: C. That such temporary and permanent work required by the Contract Documents to be done by him/her can be satisfactorily constructed and used for the purposes for which it is intended; and that such construction will not injure any person or damage any property other than that damage caused by the construction; and: D. That he/she has carefully examined the Contract Documents and the site of the work; and from his/her own investigation has satisfied himself/herself as to the nature and location of the work, the character, quality and quantity of surface and subsurface material likely to be encountered, the character of equipment and other facilities needed for the performance of the work, the general and local conditions; and all the other materials and conditions which may in any way affect the work or its performance. IN WITNESS WHEREOF, the said City, by its City Administrator and the said By its thereunto duly authorized have hereunto set their hands and seals the day and year first above written. Signed in the presence of: By: Witness Edward A. Barrett, City Administrator By: Witness Contractor ---PAGE BREAK--- NA -1 NOTICE OF AWARD To: Project Description: BID NO. 2014-45 2014 VARIOUS STREET REHABILITATION PROGRAM SUPPORT The City of Lewiston has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated, 2014 and Information for Bidders. You are hereby notified that your BID has been accepted for items to for a total award of You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S Performance Security and certificates of insurance within ten (10) days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said BONDS within ten (10) days from the date of this Notice, said City of Lewiston will be entitled to consider all your rights arising out of the City acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The City will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of the NOTICE OF AWARD to the City of Lewiston. Dated this: Project Engineer ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by (firm) this the of 2014 By: Title: ---PAGE BREAK--- NP NOTICE TO PROCEED To: Project Description: BID NO. 2014-45 2014 VARIOUS STREET REHABILITATION PROGRAM SUPPORT You are hereby notified to proceed with the work entitled 2014 VARIOUS STREET REHABILITATION PROGRAM SUPPORT, together with all necessary appurtenances, and to diligently prosecute the work. You are instructed to immediately take the necessary steps for execution of the work within ten (10) calendar days (or other start time as specified) from the date of this Notice to Proceed. The work is to be completed by June 30, 2015 as stated in the Contract. By: Project Manager Title: City Engineer Date:, 2014 ---PAGE BREAK--- 10-0 DIVISION 10 SUPPLEMENTAL SPECIFICATIONS 2013 VARIOUSTREET REHABILITATION PROGRAM SUPPORT PAGE NO. 10.01 Scope of Work 10-1 10.02 Time Limit 10.03 Preconstruction Conference 10-1 10.04 Change in the Scope of 10-1 10.05 Field Design and Layout 10-2 10.06 Maintenance of Traffic 10-2 10.07 Method and Basis of Payment 10-2 10.08 Miscellaneous Work 10-3 10.09 Site Investigation 10-3 10.10 Project 10-3 10.11 Schedule of 10-3 ---PAGE BREAK--- 10-1 DIVISION 10 SUPPLEMENTAL SPECIFICATIONS 10.01 SCOPE OF WORK: The scope of work for this project is intended to support the City in rehabilitating various streets. The work will include, but not be limited to: furnish and install; ; two catch basins, nine hundred thirty (930) feet of culvert or storm drain, , two thousand (2000) cubic yards of gravel road base, five thousand (5000) square yards of loam and seed, and adjusting three catch basin grates and manhole covers to grade, gravel addition to streets as needed, removing eighty-five hundred (8,500) square yards of pavement, and anything else incidental to the proper completion of the work., and anything else incidental to the proper completion of the work, and anything else incidental to the proper completion of the work. Alfred A. Plourde Parkway-Webster Street to Lexington Avenue: The City intends the Contractor to remove existing pavement, add gravel to regrade road in flat area near Webster Street, lower ditch and two culverts and loam and seed. The City will repave and overlay. Pond Road-House 474 to No Name Pond Road: The Contractor shall install drainage, strip pavement, add gravel to reclaim as necessary, and loam and seed. The City will reclaim, and pave and match driveways. 10.02 TIME LIMIT: The Contractor shall complete Alfred A. Plourde Parkway by October 15, 2014. Work on Pond Road shall not start until the 2015 construction season and be completed June 30, 2015. The Director of Public Works or his/her authorized representative may extend the Time Limit, if the Contractor submits, in writing, evidence that he/she cannot complete the Project within the Time Limit specified because of long delivery time on the materials or other justifiable reason. The Contractor shall be responsible for ordering his/her materials 10.03 PRECONSTRUCTION CONFERENCE: A Preconstruction Conference will be held between the Contractor and the City of Lewiston, at a mutually agreed time, to review the Contractor's proposed methods of complying with the requirements of the Specifications, and the Regulations of the City. The Contractor shall give the Engineer a work schedule, traffic control plan, erosion control plan, emergency contact list, cost breakdown for the "Miscellaneous Work" items, a list of suppliers and Subcontractors. 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 and 20.30 of the Specifications “Extra Work” and “Reduction of ---PAGE BREAK--- 10-2 Work” respectively. If no unit prices exist, a change order must be negotiated between the City of Lewiston and the Contractor. 10.05 FIELD DESIGN AND LAYOUT: The Contractor shall be responsible for the field design and layout for the work in this Project. The City shall provide plans for each project delineating desired elements in the design and the Contractor shall be responsible for transferring the intent to the ground and constructing a project that meets the intent of the City. Existing pavement center line will be maintained for all Alfred A. Plourde Parkway, and Pond Road. All material shall be as specified in MEDOT Specification. 10.06 MAINTENANCE OF TRAFFIC: Attention is called to Section 30.3 of the Specifications, “Maintenance of Traffic”. The Contractor shall be required to maintain at least one lane for local traffic and emergency vehicles at all times. Completely closing traffic lanes will not be permitted except under special permission from the Public Works Director, Fire Chief and the Police Chief. The Contractor shall install detour signs as needed. 10.07 METHOD AND BASIS OF PAYMENT: The contractor shall supply all materials. Pavement removal shall be paid by the square yard as measured in place. Ditching shall be paid by the Linear Foot measured in place. The price shall include all work necessary to satisfactorily complete the work including excavation, shaping, erosion control in bottom of ditch, and loam and seed. Common Excavation shall be paid by the cubic yard measured by truck measure. The price shall be for excavation to grade, and disposal of material. Geotextile shall be paid by the square yard measured in place. Aggregate base and sub-base shall be paid by truck measure. Price shall include placing, grading, and compaction Underdrain shall be measured by the linear foot. Price shall be for excavation, installation of drainage aggregate, underdrain pipe, and backfill to the finish grade of the work. Culvert or drain pipe shall be paid by the linear foot as installed. The price shall include, excavation, installation of drainage aggregate, culvert or drain pipe, connection to structures and backfill to the finish grade of the work. ---PAGE BREAK--- 10-3 Catch basins shall be paid for as a lump sum. The price shall be for excavation, bedding material, catch basin, rim and cover, backfill with specified material to finish grade. Rim and covers shall be adjusted to pavement finish grade. Rip Rap shall be paid by the square yard measured on place. The price shall include preparation of base, and installation of rip rap. Loam and seed shall be paid for by the square yard measured in place. The price shall be for preparation of base, loam and seed, and erosion control. 10.08 MISCELLANEOUS WORK: The Contractor shall include in his/her Proposal under Item No. 16 “Miscellaneous and Clean Up” the cost of his/her Performance and Payment Bond. The Contractor shall be paid this amount on his/her first partial payment provided that invoices substantiating the amount are submitted to the City Engineer prior to payment. In addition, the cost of temporary erosion control, pavement cutting, installation of warning signs, maintaining property markers, replacing fences, hedges, shrubs, dust control, and all other incidental construction work required to complete the whole work as specified or implied in the Plans and Specifications, for which there is no pay item, will be paid under “Miscellaneous and Clean Up”. An itemized cost breakdown for the “Miscellaneous and Clean Up” item shall be given to the Engineer at the Preconstruction Conference. 10.09 SITE INVESTIGATION: The Contractor shall examine from 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. 10.10 PROJECT SPECIFICATIONS Work shall conform to Maine Department of Transportation standard specifications, except paving shall be in accordance with Lewiston’s paving specifications including its escalation clause. 10.11 SCHEDULE OF SCOPE The work to be done shall be determined in the field and generally conform to the following schedule: City will reclaim, grade and compact Contractor shall furnish and install underdrain and catch basins, furnish, install, grade and compact new road gravel as required, adjust and gravel driveways. Contractor shall remove pavement in street or driveway as required. City will final grade before paving, compact, mill butt joints and pave road, and driveways. ---PAGE BREAK--- 10-4 Contractor shall furnish and install gravel for shoulders and loam and seed for lawn restoration. In addition, the cost of temporary erosion control, pavement cutting, installation of warning signs, maintaining property markers, replacing fences, hedges, shrubs, dust control, and all other incidental construction work required to complete the whole work as specified or implied in the Plans and Specifications, for which there is no pay item, will be paid under “Miscellaneous and Clean Up”. An itemized cost breakdown for the “Miscellaneous and Clean Up” item shall be given to the Engineer at the Preconstruction Conference. END OF SECTION ---PAGE BREAK--- 10-5 ---PAGE BREAK--- 10-6 END OF SECTION ---PAGE BREAK--- 20-0 DIVISION 20 GENERAL PROVISIONS STANDARD SPECIFICATIONS PAGE NO. 20.01 Scope 20-1 20.02 Definitions 20-1 20.03 Insurance and Liability 20-2 20.04 Dispute Resolution Cost and Expenses 20-3 20.05 Laws and Regulations 20-3 20.06 Permits 20-4 20.07 Estimates and Payments 20-4 20.08 Final Estimate and Payment 20-4 20.09 Last Payment to Terminate Liability of City 20-5 20.10 Site Investigation 20-5 20.11 Borings and Estimate of Quantities Not Warranted 20-5 20.12 Commencement of Work 20-6 20.13 Time and Order of Doing Work 20-6 20.14 No Damages for Delay 20-6 20.15 Competent Personnel to be Employed 20-6 20.16 Not to Sublet or Assign 20-7 20.17 Directions and Explanations, Corrections of Errors 20-6 20.18 Duty to Notify Engineer if Ambiguities Discovered 20-7 20.19 Early Negotiation 20-7 20.20 Superintendence by Contractor 20-8 20.21 Alterations 20-8 20.22 No City Employee to be Interested 20-8 20.23 Waiver 20-8 20.24 Access to Work 20-9 20.25 Engineer to Determine Amount and Quantity of Work, Inspection of Materials 20-9 20.26 Defective Work and Materials 20-9 20.27 Sanitary Regulations 20-10 20.28 No Intoxicating Drinks 20-10 20.29 Extra Work 20-10 20.30 Reduction of 20-11 20.31 No Time Extension 20-11 20.32 Employment of Labor 20-11 20.33 Conditions under Which Director May Complete Work 20-11 20.34 Payment for Materials 20-12 20.35 Guarantee 20-12 20.36 Work Day 20-12 ---PAGE BREAK--- 20-1 DIVISION 20 GENERAL PROVISIONS STANDARD SPECIFICATION 20.01 SCOPE: These Standard Specifications and Addenda, if any, are to govern construction of storm sewers, sanitary sewers, water lines, streets, sidewalks, parking lots, general construction and other related work, for the City of Lewiston, and they shall become part of any contract with the City for the construction of said work. Provisions of these Specifications shall be modified or changed only in writing. These Standard Specifications will be amended by Supplemental Specifications as necessary and by Contract Plans. The Supplemental Specifications and Contract Plans delineate the particular project to which the Contract Documents pertain. Should any discrepancy be found to exist between the Standard Specifications and the Supplemental Specifications and/or the Contract Plans, the Supplemental Specifications and/or Contract Plans shall govern. 20.02 DEFINITIONS: A. Contract Documents: Whenever the term Contract Documents, or a pronoun in its stead, is used, it shall mean and include, but not necessarily limited to, these items: The Notice to Contractors, the Proposal, the Contract, the Supplemental Specifications, the Standard Specifications, the Contract Plans, any other documents included with these Specifications and attached thereto, and any Addenda to the above issued prior to the date of this Contract. B. Contractor: Whenever the term Contractor, or a pronoun in its stead, is used, it shall mean the person or persons or co-partnership or corporation or other entity which has entered into this agreement or their legal representative. C. Owner: Whenever the term Owner, or a pronoun in its stead is used, it shall mean the City of Lewiston, acting through its designated officials and/or employees. D. City Engineer or Engineer: Whenever the term City Engineer, or a pronoun in its stead, is used, it shall mean the City Engineer of the City of Lewiston or his/her assistants or inspector acting under him/her or his/her duly authorized representatives acting for him/her, limited to the particular duties entrusted to them. E. Director of Public Works or Director: Whenever the term Director of Public Works, Director or a pronoun, in their stead is used, it shall mean the Director of Public Works of the City of Lewiston or his/her assistants or inspectors acting under him/her, limited to the particular duties entrusted to them. F. ASTM: Whenever the abbreviation ASTM is used, it shall mean the American Society for Testing Materials; and, unless otherwise stated, refer to the latest revision of the particular standard. ---PAGE BREAK--- 20-2 G. Specification: Whenever the term Specifications or a pronoun in its stead is used, it shall mean and include the Standard Specifications as herein set forth and any Supplemental Specifications included in the Contract Documents. H. Contract Plans: Whenever the term Contract Plans, or a pronoun in their stead, is used, it shall mean and include all drawings, graphic representations, diagrams and any notes or explanations thereon supplied to the Contractor before the date of this Contract. I. Lump Sum Bid Price: Whenever the term Lump Sum Bid Price, Lump Sum Bid, Lump Sum or a pronoun in their stead is used, it shall mean the amount of money mutually agreed to by the Contractor to furnish the labor, machinery, tools, apparatus and other means of construction and for doing all the work and furnishing all material called for by the Contract Documents except rock excavation and those items specifically stated as being considered extra work or for which unit prices have been established in the Contract and Proposal. J. Unit Bid Price: Whenever the term Unit Bid Price, Unit bid, Unit Price or a pronoun in their stead is used, it shall mean the amount of money mutually agreed to by the Contractor and the City as full payment to the Contractor for furnishing all necessary labor, materials and equipment (except that which is specifically excluded in the Supplemental and Standard Specifications and Contract Plans) necessary to do one unit of work, i.e., the unit price for one cubic yard of excavation multiplied by the actual number of cubic yards excavated, yields the total payment for the work done. 20.03 INSURANCE AND LIABILITY: The Contractor shall take all responsibility of the work and take all precautions for preventing injuries to persons and property in or about the work; shall bear all losses resulting to him/her on account of the amount or character of the work or because the nature of the land in or on which the work is done is different from what was estimated or expected or on account of the weather, elements or other cause; and he/she shall assume the defense of and indemnify and save harmless the City and its officers, agents and servants from all claims relating to labor and materials furnished for the work; to inventions, patents and patent rights used in doing the work; to injuries to any person or corporation received or sustained by or from the Contractor and his/her employees in doing the work, or in consequence of any improper materials, implements or labor used therein; and to any act, omission or neglect of the Contractor and his/her employees therein. The Contractor shall furnish proof of coverage with adequate insurance of the types and to the limits specified below naming the City of Lewiston as additional insured. 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. 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. ---PAGE BREAK--- 20-3 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 November 15, 2008. 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 by the successful bidder. The bonds will be required prior to execution of the Contract. 20.04 DISPUTE RESOLUTION COSTS AND EXPENSES: In the event of any dispute between or involving the City of Lewiston and Contractor, whether resolved by arbitration, litigation or some other mechanism of dispute resolution, in the event that the City shall be a prevailing party, Contractor shall reimburse the City for its attorney’s fee and costs reasonably incurred in connection with the resolution of the dispute. 20.05 LAWS AND REGULATIONS: The Contractor shall keep himself/herself informed of all existing and future State and Federal laws and Municipal ordinances and regulations which in any way affect those engaged or employed in the work, or the materials used in the work; or in any way affect the conduct of the work and of all orders and decrees of bodies of tribunals having any jurisdiction is discovered in the Plans or Specifications or Contract for this work in relation to any such law, ordinance, regulation, order or decree, he/she shall forthwith report the same to the Director in writing. He/she shall at all times himself/herself observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees; and shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by himself/herself or his/her employees. ---PAGE BREAK--- 20-4 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 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 Public Works hereby reserved, to reject the whole or any portion of the aforesaid work should the said certificate or certificates be found or known to be inconsistent with the terms of this Agreement or otherwise improperly given. ---PAGE BREAK--- 20-5 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. 20.10 SITE INVESTIGATION: The Contractor shall examine the Plans, Specifications and site of the work and from his/her own investigation, determine the nature and location of the work, the general and local conditions, particularly those bearing on access, transportation, quality and quantity of surface and sub-surface materials to be encountered, and all other aspects of the work, machinery and services required to complete the project as required by the Contract Documents. The City will not be responsible for any understanding or representation made by any City employee during or prior to negotiation and execution of the Contract, unless such understanding or representation shall be in writing and become a part of the Contract Documents. 20.11 BORINGS AND ESTIMATE OF QUANTITIES NOT WARRANTED: It is expressly understood and mutually agreed to by the parties hereto that the quantities of the various classes of work to be done and materials to be furnished under this Contract have been estimated and are approximate and only for the purpose of comparing on a uniform basis the bids offered for the work. It is also understood that the Contractor has made his/her proposal from his/her own examinations and estimates and shall not hold the City, its agents or employees responsible for or bound by any schedule, estimate, sounding, boring or any plan thereof as being even approximately correct; and should the Contractor encounter quicksand or other difficulties, he/she shall have no claim on that account; and he/she shall, if any error in any plan, drawing, specification or direction relating to anything to be done under this Contract comes to his/her knowledge, report it at once to the Engineer. The Contractor further agrees that neither the City of Lewiston, nor the Director of Public Works, the Engineer, nor either of them separately or together are to be held responsible that any of the quantities be found even approximately correct in the construction of the work, and that the Contractor will make no claim for anticipated profits or for loss of profit because of a difference between the quantities of the various classes of work actually done, or of the materials actually delivered, and any estimated quantities stated in the bids. The Contractor hereby agrees that he/she will complete the entire work to the satisfaction of the Engineer and in accordance with the Specifications and Plans herein mentioned and at the prices agreed upon and fixed therefore. ---PAGE BREAK--- 20-6 20.12 COMMENCEMENT OF WORK: The Contractor agrees to commence the work required in the Contract Documents within ten (10) days after the signing of the Contract and deliverance of the Bond, unless otherwise specified in the Supplemental Specifications or directed by the Director of Public Works; and at his/her own cost and expense do and complete all the work and furnish all the labor, machinery, tools and materials, except as specified in the Supplemental Specifications, and to do everything required to build and put into complete working order for the City of Lewiston the work described in the Contract Documents. 20.13 TIME AND ORDER OF DOING WORK: The Contractor agrees that the work shall be commenced and carried on at such points and in such order of precedence and at such times and seasons as may from time to time be directed by the Engineer. It is further agreed that no work shall be done under this Contract on Saturdays or Sundays or on days declared by the State Legislature as Legal Holidays, except in cases of emergency and then only with the consent in writing of the Director of Public Works; nor shall any work be done at night unless authorized in writing by the Director. The Contractor shall make his/her work week conform to that of the Public Works Department. When permission is granted to perform work during times other than this work week, the Contractor shall reimburse the City for any costs for inspection during these periods. 20.14 NO DAMAGES FOR DELAY: The Director may delay the beginning of the work or any part thereof if the City shall not have obtained possession of the land in or upon which the same is to be performed or if for any other reason it becomes necessary to do so. The Contractor shall have no claim for damages on account of such delay, but shall be entitled to so much additional time wherein to perform and complete this Contract on his/her part as the Director shall certify in writing to be just. Whenever any part of the work covered by this Agreement is done in part by or connects with the work so as to accommodate the work of the other contractors and to cooperate with such contractors in mutual agreements as to all such work, and no contractor shall have a claim against the City growing out of the negligence or delay of any other contractor or contractors; but each contractor shall be liable to every other contractor for any such delay or negligence. 20.15 COMPETENT PERSONNEL TO BE EMPLOYED: The Contractor shall employ only competent personnel to do the work; and whenever the Director shall notify the Contractor, in writing, that any person on the work is, in his/her opinion, incompetent, unfaithful, disorderly or otherwise unsatisfactory, such person shall be discharged from the work and shall not again be employed on it except with the consent of the Director. ---PAGE BREAK--- 20-7 20.16 NOT TO SUBLET OR ASSIGN: The Contractor shall give his/her personal attention constantly to the faithful prosecution of the work, shall keep the same under his/her personal control and shall not assign, by power of attorney or otherwise, nor sublet the work or any part thereof, without the previous written consent of the Director; and shall not, either legally or equitably, assign any of the money payable under this Agreement or his/her claim thereto, unless by and with the like consent of the Director. 20.17 DIRECTIONS AND EXPLANATIONS, CORRECTIONS OF ERRORS: The Plans and Specifications are understood to be explanatory of each other, but should any discrepancy appear or any misunderstanding arise as to the import of anything contained in either of them, the parties hereto further agree that the explanation and decision of the Engineer shall be final and binding on the Contractor; and all directions or explanations required or necessary to complete any of the provisions of this Contract and these Specifications and give them due effect shall be given by the Engineer. Correction of any error in the Plans or Specifications may be made by the Engineer, when such correction is necessary for the proper fulfillment of the intention of such Plans or Specifications, the effect of such correction to date from the time that the Engineer gives due notice in writing to the Contractor. 20.18 DUTY TO NOTIFY ENGINEER IF AMBIGUITIES DISCOVERED: The Contractor shall not take advantage of any ambiguity, error, omission, conflict, or discrepancy (“ambiguity, etc.”) contained in the Plans and Specifications that may significantly affect the cost, quality, conformity, or timeliness of the work. If the Contractor discovers any such ambiguity, etc., for which the Contractor may seek adjustments to compensation, time, or other Contract requirements, the Contractor shall provide a written notice stating the nature of the ambiguity, etc. within forty eight (48) hours of discovering or being notified of the ambiguity and before performing any work related to the ambiguity, etc., as provided in Section 20.19 – Early Negotiation. Failure to provide such written notice in compliance with the Contract shall constitute a waiver of all claims related to the ambiguity, etc. 20.19 EARLY NEGOTIATION: A. Notice Required: When the Contractor becomes aware of facts or circumstances that may cause the Contractor to seek additional compensation, time, or any other change in the requirements of the Plans and Specifications (“Issue”), then the Contractor shall notify the Engineer in writing within forty eight (48) hours of identification of the issue and at least 48 hours before commencing any part of the Work relating to the Issue. The notice must describe the basic nature and extent of the Issue. Such notice may be verbal only if confirmed in writing in one of the two following ways: if a Progress Meeting is held within fourteen (14) days of the date that the Issue became known, such Notice may be confirmed with an entry in the Progress Meeting minutes. Such entry must describe the basic nature and extent of the Issue. Otherwise, the Contractor shall confirm a verbal notice by delivering to the Engineer, within fourteen (14) days of the date the Issue arose, a Written Notice that describes the basic nature and extent of the Issue. ---PAGE BREAK--- 20-8 The written notice or confirmation will be known as a “Notice of Issue for Consideration”. The Contractor will not be entitled to any additional compensation, time, or any other change to the requirements of the Plans and Specifications without a timely Notice of Issue for Consideration. B. Negotiation: When the Engineer receives the Notice of an Issue for Consideration conforming to Section 20.19 A. Notice Required, the Engineer and the Contractor will negotiate in good faith to attempt to resolve the Issue. Any resolution will be noted in the Progress Meeting minutes or confirmed otherwise in writing by the Engineer. Any changes to the Plans and Specifications that affect compensation, time, quality, or other requirements of the Plans and Specifications shall be by written Change Order. 20.20 SUPERINTENDENCE BY CONTRACTOR: At the site of the work, the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he/she ceases to be on the Contractor's payroll. All directions given to such representative in the Contractor's absence shall be as binding as if given to the Contractor. 20.21 ALTERATIONS: It is further agreed that the Engineer may make alterations in the line, grade, form, position, dimension or material of the work herein contemplated, or any part thereof, either before or after the commencement of the work; and that the Director may at any time, order an alterations increase in the amount of work. Such increase shall be paid for according to the quantity actually done as extra work as provided for in Section 20.29. If such alterations diminish the quantity of work to be done, they shall not constitute a claim by the Contractor for damages or for anticipated profits on the work dispensed with and payment will be reduced in an amount determined as provided for in Section 20.30. 20.22 NO CITY EMPLOYEE TO BE INTERESTED: It is further agreed that this Contract shall be utterly void as to the City if any person employed in any capacity by the City of Lewiston is either directly or indirectly interested therein, except as provided by the City Charter. 20.23 WAIVER: No order by the Inspector or the Engineer or any of his/her employees, nor any order, measurement or certificate by the Engineer, nor any order by him/her for the payment of money, nor any payment for, or acceptance of, the whole or any part of the work by the Director, nor any extension of time, nor any possession taken by the Director or his/her employees, shall operate as a waiver of any provision of this Contract, or of any power herein reserved by the Director, or of any right to damages herein provided; nor shall any waiver of any breach of this Contract be held to be a waiver of any other or subsequent breach. Any ---PAGE BREAK--- 20-9 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. 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. ---PAGE BREAK--- 20-10 20.27 SANITARY REGULATIONS: Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation and made fly proof and satisfactory to the Health Officer, shall be constructed and maintained by the Contractor in such a manner and their use shall be strictly enforced. The building or shanties or other structures for housing and personnel will be permitted only at such places as the Director shall approve and the sanitary conditions in or about such shanties or other structures must at all times be maintained in a manner satisfactory to the Director. 20.28 NO INTOXICATING DRINKS: The Contractor shall neither permit or suffer the introduction or use of intoxicating substances upon or about the works embraced in this Contract or upon any grounds occupied by him/her. 20.29 EXTRA WORK: The City of Lewiston reserves the right to add portions of the work required under this Contract, using the unit prices established in the proposal. The City will determine if all work outlined in the plans or portions thereof shall be built under this Contract prior to the Contact signing. The term Extra Work as used herein refers to and includes work required by the City which, in the judgment of the Director, involves changes in or additions to that are required by the Plans and Specifications; provided, however, such changes or additions do not result from the fault of the Contractor. The Contractor shall do any extra work when and as ordered in writing by the Director or his/her agents specially authorized thereto in writing, and shall, when requested by the Director so to do, furnish itemized statements of cost of the extra work ordered and give the Director access to the accounts, bills and vouchers relating thereto. If the Contractor claims compensation for extra work not ordered as aforesaid, or for any damage sustained, he/she shall, within one week after the beginning of any such work or of the sustaining of any such damage, make a written statement to the 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 ---PAGE BREAK--- 20-11 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 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 ---PAGE BREAK--- 20-12 thereof. In case such expense is more than the sum which would have been payable under this Contract, if the same had been completed by the Contractor, then the Contractor shall pay the amount owed by the City under this Contract at the time the Contractor is notified in writing to discontinue the work or any part thereof, plus the amount of the Bond executed by the Contractor for the performance of the Contract. 20.34 PAYMENT FOR MATERIALS: Payments will be made in accordance with the price stated in the Contract. The Contractor may include requests for payment of material delivered to the job site when such requests are accompanied by invoices substantiating the requests for material payment satisfactory to the City. 20.35 GUARANTEE: The Contractor guarantees that the work to be done under this Contract will be done in a good and workmanlike manner and all materials, whether furnished by him/her or the City used in the construction of the work, will be free from defects and flaws and in conformity with the Plans and Specifications in all respects. This guarantee will be for a period of one year after the date of acceptance of the whole work by the City of Lewiston. The Contractor shall at all times, until the final acceptance of the whole work, keep the surface of the streets in the position and condition required by these Plans and Specifications. If at any time within the period of the guaranty, any other part of the work constructed under the terms of this Contract shall in the opinion of the Director of Public Works require repairing, the Director shall notify the Contractor in writing to make the required repairs. If the Contractor shall neglect to make such repairs to the satisfaction of the Director within the time limit as set forth in the notice in writing to the Contractor of the required repairs, then the Director of Public Works may make the necessary repairs, by contract or otherwise, and the City shall have a claim against the Contractor in the amount of the expense incurred by the City in making such repairs. It is hereby, however, specifically agreed and understood that this guaranty shall not include any repairs made necessary by any cause or causes other than defective work or materials. 20.36 WORK DAY: A work day shall be any day, other than a State of Maine legal holiday 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--- 30-0 DIVISION 30 CONTROL OF WORK STANDARD SPECIFICATIONS Content PAGE NO. 30.01 Scope 30-1 30.02 References 30-1 30.03 Plant 30-1 30.04 Open Excavations 30-1 30.05 Maintenance of Traffic 30-2 30.06 Care and Protection of Property 30-3 30.07 Dust Control 30-4 30.08 Disposal of Water 30-4 30.09 Removal of Surplus Excavation 30-4 30.10 Materials Supplied by the City 30-4 30.11 Blasting Precautions 30-5 30.12 Damage by Blasting 30-5 30.13 Private Land 30-5 30.14 Temporary Bridges or Crossings, and 30-6 30.15 Work to Be Done 30-6 30.16 Cleaning up 30-7 30.17 Basis of Payment 30-7 ---PAGE BREAK--- 30-1 DIVISION 30 CONTROL OF WORK STANDARD SPECIFICATIONS 30.01 SCOPE This division shall insure that the work progresses in a reasonable manner, and that the project site is maintained so as to provide safe traffic flow for vehicles and pedestrians, and present a neat and orderly appearance. 30.02 REFERENCES This division references the following documents. In their latest revision, they form a part of this specification to the extent specified herein. In case of conflict, the requirements of this specification shall prevail. AASHTO M144 Standard Specification for Calcium Chloride 30.03 PLANT The Contractor shall furnish plant and equipment which will be efficient, appropriate and large enough to secure a satisfactory quality of work and a rate of progress which will insure the completion of the work within the time stipulated in the Specifications. If at any time such plant appears to the Engineer to be inefficient, inappropriate or insufficient for securing the quality of work required or for producing the rate of progress aforesaid, the Engineer may order the Contractor to increase the efficiency, change the character or increase the plant equipment, and the Contractor shall conform to such orders. Failure of the Engineer to give such orders shall in no way relieve the Contractor of his/her obligations to secure the quality of the work and rate of progress required. 30.04 OPEN EXCAVATIONS All open excavations shall be adequately safeguarded by providing temporary barricades, caution signs, lights and other means to prevent accidents to persons, and damage to property. Warning signs, barricades, and traffic cones shall meet the latest OSHA standards, Manual on Uniform Traffic Control Devices (MUTCD) and all other applicable Federal, State, and local requirements. The Contractor shall, at his/her own expense, provide suitable and safe bridges and other crossings for accommodating pedestrian travel. Bridges provided for access to private property during construction shall be removed when no longer required. The length of any open excavation shall not exceed fifty (50) linear feet, unless authorized by the Engineer. If the excavation becomes a hazard, or if it excessively restricts traffic at any point, the Engineer may require special construction procedures such as limiting the length of open excavation, prohibiting the stacking of excavated material in the street, and/or requiring ---PAGE BREAK--- 30-2 that the excavation shall not remain open overnight. The Contractor shall hold the City harmless from all liability related to open excavations. Open excavations will be allowed overnight, except they shall be backfilled for weekends, when they are within one hundred and fifty (150) feet of an intersection, or if they present a hazard to traffic as determined by the Engineer. The Contractor shall take precautions to prevent injury to the public due to open excavations. All excavations, excavated material, equipment, or other obstacles that could be dangerous to the public shall be well lighted at night. Open excavations shall be allowed overnight, except on heavily traveled streets, or when ordered by the Engineer. 30.05 MAINTENANCE OF TRAFFIC The Contractor shall perform his/her work to maintain at least one lane available for the use of traffic and emergency vehicles at all times. Completely closing the traffic lanes will not be permitted except under special permission from the Director of Public Works, Fire Chief and the Police Chief. As the work progresses, the Contractor shall maintain the street to its original width, by removing stockpiles of earth, maintaining trenches at street grade, and providing adequate drainage. Detours around the construction site shall be subject to the approval of the Director of Public Works and the Lewiston Police Department. Where detours are permitted, the Contractor shall supply his/her own barricades and signs as approved by the Engineer. In order to avoid delays in construction, any proposed plan to detour traffic shall be presented to the Engineer, in writing, five workdays in advance so that the plan may be reviewed and approved by the City Engineer. Additional warning signs shall be placed in other streets as necessary to maintain proper traffic control, especially for detours, or where existing traffic patterns will be altered. Additional flaggers, signs, barricades, cones, etc., may be required in the work area. Overnight parking of construction equipment within ten (10) feet of the travel way of a City street will not be allowed without permission from the Engineer. The Lewiston Police Department and Lewiston Fire Department shall be notified by the Contractor prior to any work being done in major intersections. All work shall be done in accordance with SECTION 652 - MAINTENANCE OF TRAFFIC of the Maine Department of Transportation Standard Specifications - latest revision. ---PAGE BREAK--- 30-3 30.06 CARE AND PROTECTION OF PROPERTY During construction, the Contractor shall, at his/her own expense, provide for the use of sewers, drains, and natural drainage interrupted by his/her work, and immediately cart away and remove all offensive material, as required or directed by the Engineer. The Contractor shall assume full responsibility for the protection of all buildings, structures, and utilities, including poles, signs, services to buildings, gas pipes, water pipes, hydrants, sewers, drains, and electric and telephone cables, whether or not they are shown on the Plans. The Contractor, at his/her own expense, shall carefully support and protect all such structures and utilities from injury of any kind. Any damage resulting from the Contractor's operations shall be repaired by him/her at his/her expense. The Contractor shall restore all ground surfaces outside the limits of construction that are damaged or disturbed by his/her operations, to their original condition. Branches, limbs, and roots shall not be cut except by permission of the Engineer. All cutting shall be smoothly and neatly done without splitting or crushing. In case of cutting or unavoidable damage to branches, limbs, and trunks of trees, the cut or damaged portions shall be neatly trimmed and covered with an application of grafting wax or tree healing paint, as directed. Cultivated hedges, shrubs, and plants that might be damaged by the Contractor’s operations shall be protected by suitable means, or shall be dug up and temporarily replanted and cared for. After the construction operations have been substantially completed, they shall be replanted in their original positions and cared for until growth is re-established. If cultivated hedges, shrubs and plants are injured to such a degree as to affect their growth or diminish their usefulness, they shall be replaced by items of kind and quality at least equal to that existing at the commencement of work. This work shall be performed at the expense of the Contractor. All work shall be inspected and approved by the City Arborist, and it shall not be considered complete until the Contractor has completed all work to his/her satisfaction. The Contractor shall preserve all property pins and monuments which are located outside the work area. If property pins or monuments are encountered in the work area where side slopes extend to or beyond the right-of way line, the Contractor shall halt work in the immediate area long enough for the Engineer to take such data as necessary to re-establish the location of the pin or monument. The Engineer will reset such pin or monument after completion of the work at no expense to the Contractor. If, however, pins or monuments outside the work area become damaged or lost, the restoration or replacement of such items shall be done by a licensed surveyor and shall be the Contractor’s responsibility. The cost of replacing or repairing damaged or broken fences, steps, mailboxes, shrubs, hedges, etc., will be considered incidental to the project and no payment will be made to the Contractor for this work. Resetting of mailboxes to new road elevations shall be considered incidental to the construction and no payment will be made for this work. On paved surfaces, the Contractor shall not use or operate tractors, bulldozers, or other equipment that could damage such surfaces. All surfaces, which have been damaged by the ---PAGE BREAK--- 30-4 Contractor’s operations, shall be restored to the condition at least equal to that in which they were found immediately prior to the beginning of operations. Suitable materials and methods shall be used for such restoration and shall be performed at the expense of the Contractor. 30.07 DUST CONTROL This work shall consist of furnishing and applying water or calcium chloride on the roadway or haul roads for dust control as directed by the Engineer. When no items for dust control are included in the Contract, such work shall be considered incidental to the Contract. The water shall not be salt or brackish and shall be free from oil, acid, and injurious alkali or vegetable matter. The calcium chloride shall conform to the requirements of AASHTO M144 latest version. Water shall be applied by approved methods and equipment including a tank with a gauge- equipped pressure pump and a nozzle-equipped spray bar. Calcium chloride shall be applied by mechanical spreaders or by hand at the rate designated. Calcium chloride shall be used when authorized by the Engineer for controlling dust on the roadway under construction and where dust constitutes a hazard to traffic. 30.08 DISPOSAL OF WATER The Contractor shall not be allowed to dispose of any water encountered or used during construction by discharging said water to any existing or new sanitary sewer or combined sewer unless expressly authorized by the Engineer. 30.09 REMOVAL OF SURPLUS EXCAVATION As the work progresses, all surplus excavation, rubbish, refuse and all unused material, tools and equipment shall be removed at once so as to confine the new work to as short a length as is practicable. All surplus material shall be removed by the Contractor at his/her own expense unless otherwise directed in the Supplemental Specifications. When this clearing of surplus excavation, rubbish, repairing of street surfaces, fences or other damage is neglected, the Director of Public Works will give notice, in writing, to that effect to the Contractor; and, if said material is not removed, or if said repairing is not done within forty-eight (48) hours thereafter, or if the Contractor does not at once take the necessary precautions to insure the safety of travel, the Director of Public Works may employ other parties to do such work, and the expense thus incurred will be deducted from any monies due or that may become due the Contractor. Upon the completion of the work, the Contractor shall tear down and remove all structures built by him/her and shall remove all rubbish of any kind from any street or grounds which he/she has occupied and shall leave the area of work in a neat and clean condition. ---PAGE BREAK--- 30-5 30.10 MATERIALS SUPPLIED BY THE CITY The Contractor shall, at his/her own expense, convey all materials supplied by the City from the points where they are delivered by the City and shall, at his/her own expense, store the same in the vicinity of the work; and also, at his/her own expense, do all hauling and conveying to other portions of the work all surplus materials. He/she shall furnish, without special charge therefore, such labor and equipment as is needed to unload materials; and when the work is done in traveled ways, shall cause said materials to be neatly and securely piled so that they shall be of as little inconvenience as possible to public travel and to the occupants of adjoining property. Upon the completion of the work, the Contractor shall, at his/her own expense, transport all unused materials, supplies, tools or property furnished by the City to the location as directed by the Engineer. The Contractor shall be responsible for all loss of or damage done to materials furnished by the City from the time of delivery until the final acceptance of the completed work. All such materials lost, injured, spoiled, or, in the opinion of the Engineer, rendered unfit for use through the negligence or carelessness of the Contractor, his/her agents or employees, shall be replaced or made good in their full value to the City by the Contractor. 30.11 BLASTING PRECAUTIONS When rock is to be removed by blasting, all blasts shall be suitably covered with mats or logs chained together and every precaution taken for the protection of the work, traffic, adjacent buildings and other property. No blasting shall be done by any person or persons other than those approved for that purpose, nor shall any blasting be done without taking out a permit for the same stating the location where the blasting is to be done. All explosives shall be stored in accordance with the laws and ordinances relating thereto and in accordance with and to the satisfaction of the Fire Chief. All explosives shall be brought upon the work only as needed and in small quantities. Exploders shall be kept entirely separate from explosives. The precautions against accident by blasting or premature explosions shall be entirely satisfactory to the Director of Public Works. No blasting of rock will be permitted within twenty (20) feet of the work already finished, except as permitted by the Engineer. Blasts shall be made only between such hours as are approved by the Director. All Federal, State, and City regulations relating to blasting and explosives shall be fully complied with. 30.12 DAMAGE BY BLASTING The Contractor shall be liable for all damage to persons or property caused by blasting or explosions, or arising from neglect to properly guard and protect the excavations and all portions of the work; and the Contractor shall wholly indemnify the City against claims on such account and no compensation will be allowed the Contractor in any event or under any circumstances for loss incurred by him/her or arising from blasting. ---PAGE BREAK--- 30-6 30.13 PRIVATE LAND The Contractor shall not, except after written consent from the proper parties, enter or occupy with personnel, equipment or materials, any land outside the limits of the City Right of Way or location in which the work is to be done. The Contractor shall, whenever so required by the Director, erect and maintain fences along the roadways and around the grounds occupied by him/her of such character as will be sufficient for the protection of the adjoining property. The Contractor shall have access to the project only at such points as the obtained easements meet streets accepted by the City of Lewiston and at such other points that the Engineer may designate. If other points of access are desired by the Contractor, he/she shall obtain the necessary permission from the property owners. 30.14 TEMPORARY BRIDGES OR CROSSINGS, AND PRECAUTIONS Whenever it is necessary to cross roads, paths, drives, walks or railroads, unless otherwise herein specified, the Contractor shall, at his/her own expense, provide suitable and safe bridges or other sufficient crossings for the accommodation of the public; and shall maintain the same in good and safe condition until the original condition can be restored, at which point he/she shall remove all bridges and other temporary expedients, and restore such roads, etc., to a condition satisfactory to the Director of Public Works and/or Director of Public Works. The Contractor shall give reasonable notice to the owners of utilities, railroads and private ways before interfering with them, and in the case of railroads, shall not enter upon their location nor make any excavation therein until he/she has notified said railroad of his/her intentions to enter upon and to cross said railroad location and has received permission from the appropriate railroad representative, unless ordered otherwise by the Director of Public Works. The Contractor shall provide watch persons, lights and fences at his/her own expense, and take such other precautions as may be necessary to protect life and property; and shall be liable for all damage occasioned in any way by his/her act or neglect, or that of his/her agents, employees or personnel. When any street or way is closed to travel, suitable signs shall be furnished, placed and maintained by the Contractor at such points as shall be designated by the Director of Public Works. When the existing access to property is cut off by the Contractor, he/she shall provide proper means of access to said property and, if the work is being done in a street, alley, or place that has to be closed to vehicular travel, the Contractor shall arrange for the removal of waste, etc. and shall furnish labor for carrying fuel, supplies, etc. to points of destination, wherever required, at his/her own expense, during the time said street is closed to travel. 30.15 WORK TO BE DONE The Contractor is to make the requisite excavations for the work and associated structures; to cut and remove all necessary brush, trees, stumps, etc., to do all ditching, diking, pumping, bailing, and draining, and laying of underdrain if required; to dispose of all water from any source, including diversion of brooks; to do all sheeting, shoring, bracing and supporting and all fencing; to do all lighting and watching; to make all provisions necessary to maintain and to protect buildings, fences, pipes, sewers, culverts, conduits, railways, and other structures, and repair all damage done to such structures; to provide bridges, fences, and other means ---PAGE BREAK--- 30-7 of maintaining travel on accepted streets or roads and on streets, roads, paths, or rights-of- way in which the trenches are excavated, wherever the Director of Public Works or Engineer may direct; to construct all foundations, all brick, concrete, stone and timber work; to set in place all ironwork; to build all roadways, refill and resurface all trenches; to clear away all rubbish and all surplus material required by the Contract Documents; and to furnish all the materials, except as specified in the Supplemental Specifications, all tools, equipment and labor required to build and put in complete working order the work herein specified. 30.16 CLEANING UP The Contractor shall keep the work area free from accumulations of waste material or rubbish. Upon completion of the work, the work area and all other areas used by the Contractor shall be cleared of all temporary structures, waste material or rubbish of any kind. 30.17 BASIS OF PAYMENT Unless otherwise specified in the Supplemental Specifications, the cost associated with complying with this division shall be included in the Contractor’s Item for Miscellaneous Work and Cleanup. End of Section