Document Lewiston_doc_e9fef0707c

CITY OF LEWISTON, MAINE DEPARTMENT OF PUBLIC WORKS CONTRACT DOCUMENTS FOR ANNUAL RECLAIMING OF EXISTING ASPHALT PAVEMENT Bid #2013 018 July 9, 2013 PREPARED BY CITY OF LEWISTON PUBLIC WORKS ENGINEERING DIVISION ---PAGE BREAK--- TABLE OF CONTENTS PAGE NO. Notice to Contractors N-1 Proposal Form P-1 Contract C-1 Notice of Award NA-1 Notice to Proceed NP-1 Addenda, if any Division 10 – Supplemental Specifications 10-0 Division 20 – Standard Provisions 20-0 ---PAGE BREAK--- N-1 CITY OF LEWISTON, MAINE NOTICE TO CONTRACTORS Sealed proposals for Annual Reclaiming of Existing Asphalt Pavement, which includes, but is not limited to the following, will be received at the office of the Director of Budget/Purchasing until, July 9th, 2013 at 2:00 P. prevailing time, and at that time publicly opened and read. A Mandatory Pre-Bid Conference will be held between the prospective Contractors and the City of Lewiston in the Public Works Conference Room on June 27, 2013 at 2:00 PM. The work shall be the complete and satisfactory reclaiming of approximately five thousand and five hundred (5500) square yards of existing asphalt pavement on Pond Road. Also included is all other incidental work as necessary to satisfactorily complete the project as outlined or implied in the plans and specifications. Option number one shall be Reclaiming with a single pass of the reclaimer without the use of Liquid Calcium. The Contractor shall provide all Reclaiming, Dust Control during construction, Compaction, Fine Grading and Traffic Control Option number two is for one pass of the reclaimer to recycle the existing pavement in place, rough grading, the application of a specified amount of Liquid Calcium, with a second pass of the reclaimer to mix in the Liquid Calcium fine grading and compaction. The Contractor shall be responsible for all Reclaiming, Calcium Application, Dust Control, Compaction, Fine Grading and Traffic Control. Each bidder is required to state, in his/her proposal, his/her name and place of residence and the names of all persons or parties interested as principals with him/her, and that the proposal is made without any connection with any other bidder making any proposal for the same work, and that no person acting for or employed by the City of Lewiston is directly or indirectly interested in the proposal or in any contract which may be entered into to which the proposal relates, or in any portion of the profits therefrom, except as provided by the City Charter. The proposal must be signed by the bidder with his/her full name and address and be enclosed in a sealed envelope together with the bid security. The sealed envelope shall be marked with the name and address of the bidder and entitled: 2013 ANNUAL RECLAIMING OF EXISTING ASPHALT PAVEMENT And, addressed to "Director of Budget/Purchasing, City Hall, Lewiston, Maine 04240". If the proposal is forwarded by mail, the sealed envelope, containing the proposal and marked as above, must be enclosed in a second envelope which shall be addressed to: "Director of Budget/Purchasing, City Hall, 27 Pine St., Lewiston, Maine 04240". All mailed proposals should be sent by registered mail to insure delivery. Any bidder may withdraw his/her proposal prior to the scheduled time for the opening of proposals upon presentation to the “Director of Budget/Purchasing” of a request, in writing, to do so. Any bidder who withdraws his/her proposal within thirty (30) days after the actual opening thereof shall be considered to have abandoned his/her proposal and the bid security accompanying the proposal will be forfeited to the City of Lewiston. Any proposal received after the scheduled ---PAGE BREAK--- N-2 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. Proposals will not be considered unless they are accompanied by a bid security in the form of a bid bond of a security company satisfactory to the “Director of Budget/ Purchasing” in the amount of ten (10%) percent of the total bid price, made out in favor of the City of Lewiston. All bid securities will be released upon deliverance of the Performance Bond and the Labor and Material Payment Bond and execution of the Contract, or, if no Contract award is made, within forty-five (45) days after the opening of the Proposals, unless forfeited as herein stipulated. Award of this Contract will be contingent on funding becoming available on July 1st 2013 The Contract must be signed within ten (10) days, Saturdays, Sundays, and holidays excepted, after the date of notification to the bidder by the “Director of Budget/ Purchasing” of the acceptance of his/her Proposal and readiness of the Contract to be signed. If the bidder fails or neglects, after such notification, to execute the Contract, the Finance Committee may determine that the Proposal has been abandoned; and, in such case, the bid security accompanying the Proposal will be forfeited to the City of Lewiston. A Performance Bond and a Labor and Material Payment bond preferably executed on A1A Bond Form Number A311 in an amount equal to the total Contract Price, of a surety company satisfactory to the “Director of Budget/ Purchasing”, will be required of the successful bidder to insure completion of the work and the proper fulfillment of the conditions of the Contract. The total Contract price shall mean the total bid price as stated in the Proposal based on the estimated quantities of the various items of work. The work is to be commenced within ten (10) days after the date of the Contract unless otherwise specified in the Specifications or directed by the “Director of Budget/Purchasing”, in writing, and is to be continued with diligent regularity until its completion within the time limit specified. All Proposals must be made on the blank Proposal Form bound in the Contract Documents, or as otherwise provided for in the Specifications. Bidders shall state prices for each separate item of work as called for in the proposal Form. These prices are to cover the entire expenses incidental to the completion of the work in full conformity with the Contract Documents. The prices must be stated both in words and figures. If a discrepancy is found between the prices written in words and the prices written in figures, the prices written in words shall govern. Proposals which do not contain prices for all items which are called for or which otherwise are not in conformity with this Notice may be rejected. Each bidder shall make his/her Proposal from his/her own examinations and estimates, and shall not hold the City, its agents or employees responsible for, or bound by, any schedule, estimate, sounding, boring, or any plan of any thereof, and shall, if any error in any plan, drawing specifications or direction relating to anything to be done under this Contract comes to his/her knowledge, report it at once, in writing, to the Engineer. ---PAGE BREAK--- N-3 All materials and labor required to complete the work shall be supplied by the Contractor unless otherwise provided for in the Supplemental Specifications. The cost and expense of all the necessary labor, tools and equipment required to complete the work shall be included in the prices stated in the Proposal. Specifications can be obtained at the office of the Director of Budget/Purchasing, City Hall. All questions by prospective bidders pertaining to the Contract Documents, Plans and Specifications must be received, in writing, by the Engineer, at least five days before the date set for the opening of the Proposals. Any questions which, in the opinion of the “Director of Budget/Purchasing”, require interpretation, will be sent by registered mail, with the interpretation, in the form of a numbered Addendum, to each person or firm who has taken out a set of Contract Documents, not later than three days prior to the scheduled opening of the Proposals. Addenda issued later than three days prior to the scheduled opening of the Proposals may be by telephone or fax. Bidders shall acknowledge receipt of all Addenda in the space provided therefore in the Proposal Form, whether the Addenda are in response to questions or otherwise issued by the City and whether the Addenda are received by mail, telephone or fax. The Supplemental Specifications and the Contract Plans delineate the particular project to which the Contract Documents pertain. Should any discrepancy be found to exist between the Supplemental Specifications and the Standard Specifications and/or the Contract Plans, the Supplemental Specifications and/or Contract Plans shall govern. If the Bid Price of any or several bid items submitted with this Proposal appear to be extremely low or high, compared to the actual cost of performing the work, the Bidder may be asked to explain, in writing, how the work in question is to be performed at the price or prices bid before a decision is made by the City to award a Contract or reject the Bid. Proposals will be considered irregular and will be rejected for the following reasons: If the Proposal is on a form other than that furnished by the City or if the form is altered in any way. If there are unauthorized additions, conditional or alternate bids or irregularities of any kind which may make the Proposal incomplete, indefinite or ambiguous as to its meaning. If the Bidder adds any provisions reserving the right to accept or reject an award or to enter into a Contract pursuant to an award. If the Proposal does not contain a unit price for each pay item listed unless otherwise specified. If any of the bid prices are unbalanced, or do not reflect the actual cost required to perform the work, as outlined in the Plans and Specifications. 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--- C-1 CITY OF LEWISTON, MAINE PROPOSAL FOR ANNUAL RECLAIMING OF EXISTING ASPHALT PAVEMENT To: Director of Budget/Purchasing City Hall, Lewiston, Maine Dear Sir: The undersigned hereby declares that he/she has carefully examined the location of the proposed work, the proposed Contract Form and the Contract Documents therein referred to and that he/she proposes and agrees, if this Proposal is accepted, that he/she will contract with the City of Lewiston, by its City Administrator, to provide all machinery, tools, labor, equipment and other means of construction and to do all the work and furnish all the materials, except those specified in the Specifications to be furnished by the City, necessary to complete the work in the manner and time therein prescribed, in accordance with the conditions and requirements set forth in the Contract Documents and the requirements of the Engineer and/or Director of Public Works as provided for therein; and that he/she will accept in full payment therefore the following sums to wit: Proposed Street To Be Reclaimed Option Number 1 Street From To Length Sq Yds Pond Rd. # 412 Pond Rd. #457 Pond Rd. 2,060’ 5,500 Total 5500 Option Number 2 Street From To Length Sq Yds Pond Rd. # 412 Pond Rd # 457 Pond Rd. 2,060’ 5,500 Total 5,500 ---PAGE BREAK--- C-2 Option EST PAY NO. 1 QTY UNIT ITEM DESCRIPTION & UNIT COST COST 1. 5500 S Y: The reclaiming process shall leave the material less than 1 ½” in size. The reclaim machine shall work at a depth of at least 4 (four) to 6 (six) inches below the thickness of the existing pavement. The reclaim machine shall be a caterpillar RM 350 or an approved equal. The contractor shall provide all reclaiming, dust control, fine grading and compaction. The reclaimed material shall be kept moist enough to allow proper compaction by use of a water distributor. The completed reclaimed asphalt material shall then be fine graded to City Specifications and compacted to a minimum of 95% relative density. The Contractor shall be responsible for traffic control. Total S Y: $ Option EST PAY NO. 2 QTY UNIT ITEM DESCRIPTION & UNIT COST COST 1. 5500 S Y: The reclaiming process shall leave the material less than 1 ½” in size. The reclaim machine shall work at a depth of at least 4 (four) to 6 (six) inches below the depth of the existing pavement. The reclaim machine shall be a Caterpillar RM 350 or an approved equal. After the first pass of the reclaimer the road shall be rough graded and shaped to City Specifications. The Contractor shall then apply .75 gallon of Liquid Calcium per square yard to the reclaimed surface. The reclaimer shall then make a second pass to mix in the Liquid Calcium into the reclaimed base. The contractor shall then fine grade and compact the reclaimed material to City Specifications. A second application of Liquid Calcium shall then be applied at a rate of .2 gallon per square yard. All Calcium shall be mixed at a 33% solution of Calcium and 66% water. The contractor shall be responsible for all traffic control on the project. Total S Y: $ ---PAGE BREAK--- C-3 The undersigned acknowledges the receipt of Addenda numbered The undersigned further agrees that, after notification by the Director of Budget/Purchasing of the acceptance of his/her Proposal and the readiness of the Contract for signature, he/she will execute the Contract and furnish the required Bonds within ten (10) days, Saturdays, Sundays and Holidays, excepted, and that he/she will commence the work within ten (10) days after the execution of the Contract and deliverance of the Bonds, unless otherwise specified in the Supplemental Specifications or directed by the Director of Public Works in writing and that he/she will prosecute the work to its completion within the time limit specified in the Supplemental Specifications. The undersigned further agrees that in the employment of labor, preference will be given, all other things being equal, to the citizens of Lewiston and of the State of Maine, in that order. The undersigned hereby further declares that the only persons or parties interested in this Proposal, as principals, are named below; that the Proposal is made without any connection with any other person or party making any proposal for the same work; and that no person acting for or employed by the City of Lewiston is directly or indirectly interested in this Proposal or in any Contract which may be made under it or in profits expected to arise therefrom, except as provided by the City Charter. The full names and addresses of all persons and parties interested in this Proposal, as principals, are as follows: (Give first and last names in full, and in the case of a Corporation, give names and addresses of President, Treasurer and Manager; and in case of a Partnership, give names and addresses of members): Accompanying this Proposal is a bid security deposit in the amount of 10% of Bid Price ) 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 Address Signature Printed Name & Title Firm’s IRS ID# Date Telephone # Fax # E-Mail Address ---PAGE BREAK--- C-4 CITY OF LEWISTON. MAINE ANNUAL RECLAIMING OF EXISTING ASPHALT PAVEMENT This Agreement, made and entered into this day of in the year two thousand and thirteen, by and between the City of Lewiston, Maine, a municipal corporation existing under the laws of the State of Maine, hereinafter called "Owner", by its City Administrator, party of the first part, and . Hereinafter called "Contractor", with legal address and principal place of business at Party of the second part: WITNESSETH: That the parties to these presents, each in consideration of the covenant and agreements on the part of the other herein contained, have covenanted and agreed and do hereby covenant and agree, the party of the first part for itself and the party of the second part for himself/herself and his/her heirs, executors, administrators and assigns under the penalties expressed in the Performance Bond and the Labor and Material Payment Bond as follows: That this Agreement includes the following documents hereinafter referred to as Contract Documents, which are attached hereto and incorporated by reference into this Agreement: 1. Notice to Contractors 2. Proposal 3. Contract 4. Notice of Award 5. Notice to Proceed 6. Supplemental Specifications 7. Standard Specifications 8. Contract Plans, if any 9. Addenda, if any 10. Federal Conditions, if any That the party of the second part will do all the work, furnish all the materials, tools and equipment, except as otherwise specified, and do everything necessary and proper for performing and faithfully completing the work required by the Contract Documents in strict conformity with the provisions of the Contract Documents within the time specified in the Supplemental Specifications. That the party of the first part will pay the party of the second part as full compensation for well and faithfully completing the whole work according to the Contract Documents as follows: ---PAGE BREAK--- C-5 Option Number 1 EST PAY QTY UNIT ITEM DESCRIPTION & UNIT COST COST 1. 5500 SY: The reclaiming process shall leave the material less than 1 ½” in size. The reclaim machine shall work at a depth of at least 4 (four) to 6 (six) inches below the thickness of the existing pavement. The reclaim machine shall be a caterpillar RM 350 or an approved equal. The contractor shall provide all reclaiming, dust control, fine grading and compaction. The reclaimed material shall be kept moist enough to allow proper compaction with the use of a water distributor. The completed reclaimed asphalt material shall then be fine graded to City Specifications and compacted to a minimum of 95% relative density. The Contractor shall be responsible for traffic control. Total SY: $ Option Number 2 EST PAY QTY UNIT ITEM DESCRIPTION & UNIT COST COST 1 5500 SY: The reclaiming process shall leave the material less than 1 ½” in size. The reclaim machine shall work at a depth of at least 4 (four) to 6 (six) inches below the depth of the existing pavement. The reclaim machine shall be a Caterpillar RM 350 or an approved equal. After the first pass of the reclaimer the road shall be rough graded and shaped to City Specifications. The Contractor shall then apply .75 gallon of Liquid Calcium per square yard to the reclaimed surface. The reclaimer shall then make a second pass to mix in the Liquid Calcium into the reclaimed base. The contractor shall then fine grade and compact the reclaimed material to City Specifications. A second application of Liquid Calcium shall then be applied at a rate of .2 gallon per square yard. All Calcium shall be mixed at a 33% solution of Calcium and 66% water. The contractor shall be responsible for all traffic control on the project. Total SY: $ ---PAGE BREAK--- C-6 The party of the second part represents and warrants; That he/she is financially solvent; and is experienced in and competent to perform the work; and is able to furnish the plant, materials, supplies, labor, and equipment to be furnished by him/her; and: That he/she is familiar with all Federal, State, Municipal and Departmental laws, ordinances and regulations which may in any way affect the work or those employed therein; and: That such temporary and permanent work required by the Contract Documents to be done by him/her can be satisfactorily constructed and used for the purposes for which it is intended; and that such construction will not injure any person or damage any property other than that damage caused by the construction; and: That he/she has carefully examined the Contract Documents and the site of the work; and from his/her own investigation has satisfied himself/herself as to the nature and location of the work, the character, quality and quantity of surface and subsurface material likely to be encountered, the character of equipment and other facilities needed for the performance of the work, the general and local conditions; and all the other materials and conditions which may in any way affect the work or its performance. 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 City of Lewiston Maine To: Project Description: Bid 2013- 018 ANNUAL RECLAIMING OF EXISTING ASPHALT PAVEMENT The City of Lewiston has considered the BID submitted by you for the above described work in response to its Advertisement for Bids dated and Information for Bidders. You are hereby notified that your BID has been accepted for option 1 for a total award of or option 2 for a total award of . You are required by the Information for Bidders to execute the Agreement and certificates of insurance within ten (10) days from the date of this Notice to you. If you fail to execute said Agreement within ten (10) days from the date of this Notice, said City of Lewiston will be entitled to consider all your rights arising out of the City acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The City will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of the NOTICE OF AWARD to the City of Lewiston. Dated this David A. Jones Director of Public Works ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by (firm) this the of 2013 By: Title: ---PAGE BREAK--- NP-1 NOTICE TO PROCEED City of Lewiston Maine To: Project Description: Bid 2013- 018 ANNUAL RECLAIMING OF EXISTING ASPHALT PAVEMENT You are hereby notified to proceed with the work entitled ANNUAL RECLAIMING OF EXISTING ASPHALT PAVEMENT, together with all necessary appurtenances, and to diligently prosecute the work. You are instructed to immediately take the necessary steps for execution of the work within ten (10) calendar days (or other start time as specified) from the date of this Notice to Proceed. The work is to be completed by June 30, 2014 as stated in the Contract. By: David A. Jones Director of Public Works Date: ---PAGE BREAK--- 10-1 DIVISION 10 SUPPLEMENTAL SPECIFICATIONS 2013 ANNUAL RECLAIMING OF EXISTING ASPHALT GENERAL: This document provides the specifications for providing the reclaiming of existing bituminous pavement on various streets for the City of Lewiston, Department of Public Works. The work involves furnishing all necessary materials, equipment and labor for a complete and satisfactory reclaiming of existing bituminous pavement. The cost of furnishing the material, equipment and labor to complete the work shall be included in the unit price stated on the Bid Form. The areas to be reclaimed will be described in this request for proposals, and/or designated as the work progresses, and may be anywhere within the City of Lewiston’s geographical boundaries. SCOPE OF WORK: The work may consist of an entire street or a portion of a street and all other incidental work necessary to satisfactorily complete the project. The work may commence within ten (10) days following notification of the Bid Award, however, because of the nature of the work, it will not be continuous in nature. A schedule for streets to be reclaimed will be developed and agreed to between the Contractor and the City, after bid award. The work for each area to be reclaimed shall be conducted in the most expeditious manner until completed. SAFETY: The Contractor shall conform to all OSHA safety requirements and those of any other pertinent regulatory agencies. The Contractor shall erect signage in compliance with the latest version of The MUTCD. The cities Emergency Dispatcher shall be notified when the jobsite is set up and closed down. At the end of the work day the jobsite shall be properly secured allowing safe passage of traffic. SCHEDULING: The Contractor shall submit to the City, for approval, a proposed schedule of work to include start and end dates for each location. The Public Works Director shall receive this work schedule not later than ten (10) working days after the Contract is awarded. Changes in the approved schedule may be allowed when inclement weather is encountered. The Contractor shall submit a revised schedule for all other deviations from the approved schedule. COORDINATION: The City of Lewiston will when possible group its work together by geographic area. The City shall provide a list of streets to be reclaimed. The Paving Manager will jointly visit each site with the Contractor to evaluate the work. The Contractor shall complete the work within a ---PAGE BREAK--- 10-2 timeframe agreed upon with the paving manager. The Contractor shall not deviate from the agreed upon schedule except in cases of inclement weather. PAYMENTS: Payment for work completed and accepted shall be on a basis. Requisitions for payment shall include bid item, location, and date of work performed by the Contractor or Sub Contractor. Requests for payment without receipt of documentation listed above will not be processed. TRAFFIC CONTROL: The Contractor will be responsible for maintaining traffic control in the work area. If the Contractor must close a street to traffic, he/she shall have the approval of the Public Works Director, all necessary City permits and all the requirements of the City’s Excavation and Street Opening Policy. The Contractor shall provide a traffic control plan in compliance with the most recent edition of the Manual of Uniform Traffic Control Devices (MUTCD), and supply all required flaggers, signs, cones and other traffic control devices. Emergency vehicles shall have access through the work area at all times. Signage in compliance with the MUTCD shall be posted in all directions that traffic may approach the work area. Work at major Intersections, or on major arterials may require a police cruiser and the presence of a uniformed police officer at no cost to the City. The cost of all traffic control is the responsibility of the Contractor. TIME LIMIT: This Contract shall end on June 30, 2014. The Contractor shall be aware that the work will not be continuous and that the Contractor shall perform the work in accordance with the requirements of the City as established from time to time throughout the contract year. WAGE RATES AND FEDERAL CONDITIONS: Federal wage rates and conditions do not apply to any part of this Contract. CLAIMS: The City of Lewiston will not be held responsible for any damages or injuries arising out of any reclaiming, road maintenance or road reconstruction 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. INSURANCE REQUIREMENTS: The insurance requirements in Division 20 are replaced by the information below CLAIMS: The City of Lewiston will not be held responsible for any damages or injuries arising out of any Street paving, cold planning, reclaiming, or any other street or road maintenance 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--- 10-3 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 within five days following notification of bid award. WORKERS’ COMPENSATION: Workers’ Compensation, coverage with Statutory Limits and Employers Liability for all employees with limits of $400,000 per incident; and in case any work is sublet, the Contractor shall require the sub-contractor similarly to provide coverage for the latter’s employees unless such employees are covered by the protection afforded the Contractor. AUTOMOTIVE LIABILITY INSURANCE: Automotive Liability insurance with minimum limits of liability for bodily injury in the amount of $400,000 for each occurrence and minimum limits of liability for property damage in the amount of $50,000/$100,000 aggregate. GENERAL LIABILITY INSURANCE: General Liability insurance with minimum limits of liability for bodily injury in the amount of $500,000 for each occurrence and minimum limits of liability for property damage in the amount of $50,000/$100,000 aggregate, or a combined single limit of $500,000 for each occurrence, including completed operations shall be required. RECLAIMING EQUIPMENT REQUIREMENTS: Reclaimer: The reclaimer shall be a self-propelled machine similar to a Caterpillar RM-350 or approved equal. The reclaimer shall be capable of working to a depth of at least 4 (four) to 6 (six) inches below the depth of the existing pavement. All reclaimed material shall be less than 1 ½ (one and one half) inch in size. The Contractor shall be responsible for providing a water truck and a motor grader for rough or fine grading as required and appropriate compaction equipment Grading Equipment: The motor grader used on City projects shall be full sized equivalent to a Caterpillar model 140 or approved equal. The motor grader shall be equipped and capable of grading in automation. Water truck: The water truck shall be capable of delivering a sufficient quantity of water for the needs of the project. The truck shall be equipped with a pump providing adequate pressure to properly distribute the water. The water shall be required for both compaction and dust control. Compaction equipment: The compaction equipment shall of the vibratory type and a minimum of 10 (ten) to 12 (twelve) tons in weight. All reclaimed material shall be compacted to a density of 95%. Basis of Payment: The accepted quantity of Recycled Asphalt Pavement shall be paid at the Contract unit price per square Yard for option one or option two as appropriate. ---PAGE BREAK--- 10-4 Proposed Street To Be Reclaimed Option Number 1 Street From To Length Sq Yds Pond Rd. #412 Pond Rd. #457 Pond Rd. 2060’ 5500 Total 5500 Option Number 2 Street From To Length Sq Yds Pond Rd. #412 Pond Rd # 457 Pond Rd. 2060’ 2060 Total 5500 ---PAGE BREAK--- DIVISION 20 GENERAL PROVISIONS STANDARD SPECIFICATIONS Contents PAGE NO. 20.01 Scope 20-1 20.02 Definitions 20-1 20.03 Insurance and 20-2 20.04 Dispute Resolution Cost and Expenses 20-3 20.05 Laws and Regulations 20-3 20.06 Permits 20-3 20.07 Estimates and Payments 20-3 20.08 Final Estimate and Payment 20-4 20.09 Last Payment to Terminate Liability of City 20-4 20.10 Site Investigation 20-4 20.11 Borings and Estimate of Quantities Not Warranted 20-5 20.12 Commencement of Work 20-5 20.13 Time and Order of Doing Work 20-5 20.14 No Damages for Delay 20-5 20.15 Competent Personnel to be 20-6 20.16 Not to Sublet or 20-6 20.17 Directions and Explanations, Corrections of Errors 20-6 20.18 Duty to Notify Engineer if Ambiguities Discovered 20-6 20.19 Early Negotiation 20-7 20.20 Superintendence by Contractor 20-7 20.21 Alterations 20-7 20.22 No City Employee to be Interested 20-8 20.23 Waiver 20-8 20.24 Access to Work 20-8 20.25 Engineer to Determine Amount and Quantity of Work, Inspection of Materials 20-8 20.26 Defective Work and Materials 20-9 20.27 Sanitary Regulations 20-9 20.28 No Intoxicating Drinks 20-9 20.29 Extra Work 20-9 20.30 Reduction of Work 20-10 20.31 No Time Extension 20-10 20.32 Employment of Labor 20-10 20.33 Conditions under Which Director May Complete Work 20-10 20.34 Payment for Materials 20-11 20.35 Guarantee 20-11 20.36 Work Day 20-11 ---PAGE BREAK--- 20-1 DIVISION 20 GENERAL PROVISIONS STANDARD SPECIFICATIONS 20.01 SCOPE: These Standard Specifications and Addenda, if any, are to govern construction of storm sewers, sanitary sewers, water lines, streets, sidewalks, parking lots, general construction and other related work, for the City of Lewiston, and they shall become part of any contract with the City for the construction of said work. Provisions of these Specifications shall be modified or changed only in writing. These Standard Specifications will be amended by Supplemental Specifications as necessary and by Contract Plans. The Supplemental Specifications and Contract Plans delineate the particular project to which the Contract Documents pertain. Should any discrepancy be found to exist between the Standard Specifications and the Supplemental Specifications and/or the Contract Plans, the Supplemental Specifications and/or Contract Plans shall govern. 20.02 DEFINITIONS: A. Contract Documents: Whenever the term Contract Documents, or a pronoun in its stead, is used, it shall mean and include, but not necessarily limited to, these items: The Notice to Contractors, the Proposal, the Contract, the Supplemental Specifications, the Standard Specifications, the Contract Plans, any other documents included with these Specifications and attached thereto, and any Addenda to the above issued prior to the date of this Contract. B. Contractor: Whenever the term Contractor, or a pronoun in its stead, is used, it shall mean the person or persons or co-partnership or corporation or other entity which has entered into this agreement or their legal representative. C. Owner: Whenever the term Owner, or a pronoun in its stead is used, it shall mean the City of Lewiston, acting through its designated officials and/or employees. D. City Engineer or Engineer: Whenever the term City Engineer, or a pronoun in its stead, is used, it shall mean the City Engineer of the City of Lewiston or his/her assistants or inspector acting under him/her or his/her duly authorized representatives acting for him/her, limited to the particular duties entrusted to them. E. Director of Public Services or Director: Whenever the term Director of Public Services, Director or a pronoun, in its stead is used, it shall mean the Director of Public Services of the City of Lewiston or his/her assistants or inspectors acting under him/her, limited to the particular duties entrusted to them. F. ASTM: Whenever the abbreviation ASTM is used, it shall mean the American Society for Testing and Materials; and, unless otherwise stated, refer to the latest revision of the particular standard. ---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 procure and maintain for the life of this Contract insurance of the types and to the limits specified below. Certificates of such insurance showing policies and adequacy of protection shall be filed with the Director of Budget/Purchasing for his/her approval before permission to commence work will be granted. INSURANCE REQUIREMENTS: A. 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. ---PAGE BREAK--- 20-3 B. 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. C. GENERAL LIABILITY INSURANCE General Liability insurance with minimum limits of liability for bodily injury in the amount of $500,000 for each occurrence and minimum limits of liability for property damage in the amount of $50,000/$100,000 aggregate, or a combined single limit of $500,000 for each occurrence, including completed operations shall be required. D. Performance Bond and Labor and Material Payment Bond in the sum of the total amount of the Contractor's proposal with a surety company satisfactory to the Owner will be required as surety for the faithful performance of the Contract by the successful bidder. The bonds will be required prior to execution of the Contract. 20.04 DISPUTE RESOLUTION COSTS AND EXPENSES: In the event of any dispute between or involving the City of Lewiston and Contractor, whether resolved by arbitration, litigation or some other mechanism of dispute resolution, in the event that the City shall be a prevailing party, Contractor shall reimburse the City for its attorney’s fee and costs reasonably incurred in connection with the resolution of the dispute. 20.05 LAWS AND REGULATIONS: The Contractor shall keep himself/herself informed of all existing and future State and Federal laws and Municipal ordinances and regulations which in any way affect those engaged or employed in the work, or the materials used in the work; or in any way affect the conduct of the work and of all orders and decrees of bodies of tribunals having any jurisdiction is discovered in the Plans or Specifications or Contract for this work in relation to any such law, ordinance, regulation, order or decree, he/she shall forthwith report the same to the Director in writing. He/she shall at all times himself/herself observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees; and shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by himself/herself or his/her employees. 20.06 PERMITS: The Developer shall, at his/her own expense, obtain all necessary permits from the County, Municipal or other public authorities, shall give all notices required by law or ordinances; and shall post all bonds and pay fees and charges incident to the due and lawful prosecution of the work covered by this Contract. 20.07 ESTIMATES AND PAYMENTS: The Engineer will, each month, make an approximate estimate of the amount of work done since the last preceding estimate and of the value thereof, and upon such estimate being made, the City will pay to the Contractor ninety (90%) per cent of the estimate; provided, however, that no such estimate or payment shall be required to be made when, in the judgment of the Engineer, the total value of the work done since the last estimate or payment amounts to less than three hundred ($300.00) dollars. Payment may at any time be withheld if the work is not proceeding in ---PAGE BREAK--- 20-4 accordance with the provisions of this Contract. The Engineer may, if he/she deems it expedient so to do, cause estimates to be made more frequently than once in each month, and he/she may approve payments to be made more frequently to the Contractor. The Engineer may at his/her option retain, temporarily or permanently, a smaller amount than aforesaid, and may approve payment to the Contractor, either temporarily or permanently from time to time during the progress of the work, of such portion of the retained amount as he/she may deem prudent. The City, may keep any money which would otherwise be payable at any time hereunder, and apply the same, or so much as may be necessary therefore, to the payment of any expenses, losses, or damage incurred by the City and determined as herein; and may retain, until all claims are settled, so much of such money as the Director shall be of the opinion will be required to settle all claims against the City, its officers, agents or servants. The City may set off any unpaid taxes, fees or other charges or other amounts owed by the Contractor against the contract price, in full or partial satisfaction.” 20.08 FINAL ESTIMATE AND PAYMENT: It is further mutually agreed that whenever, in the opinion of the Engineer and the Director, the Contractor shall have completely performed all the work embraced in this Contract, the Engineer shall proceed with all reasonable diligence to measure the work and shall make out the final estimate for the same and shall certify the same in writing; and his/her certificate shall state the whole amount of the payments previously paid and the amount retained in all previous estimates. Within the term of thirty (30) days after the date of such final estimate, the City will pay to the said Contractor the amount due. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. Provided that nothing herein contained shall be construed to affect the right of the City by its Director of Public Services hereby reserved, to reject the whole or any portion of the aforesaid work should the said certificate or certificates be found or known to be inconsistent with the terms of this Agreement or otherwise improperly given. 20.09 LAST PAYMENT TO TERMINATE LIABILITY OF CITY: No person or corporation other than the signer of this Contract as Contractor now has any interest hereunder, and no claim shall be made or be valid; and neither the City, nor its Mayor, nor any member or agent thereof, shall be liable for, or be held to pay any money, except as provided for in Sections 20.07, 20.08, 20.16, and 20.33 of the Standard Specifications and in the Contract. The Acceptance by the Contractor of the last payment aforesaid shall operate as and shall be a release to the City, its Mayor, and every member or agent thereof, from all claim or liability to the Contractor for anything done or furnished for, or relating to the work, or for any act or neglect of the City, or of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be of the amount kept or retained as provided for in Section 20.07. 20.10 SITE INVESTIGATION: The Contractor shall examine the Plans, Specifications and site of the work and from his/her own investigation, determine the nature and location of the work, the general and local conditions, particularly those bearing on access, transportation, quality and quantity of surface and sub- surface materials to be encountered, and all other aspects of the work, machinery and services required to complete the project as required by the Contract Documents. The City will not be responsible for any understanding or representation made by any City employee during or prior to ---PAGE BREAK--- 20-5 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 Services, the Engineer, nor either of them separately or together are to be held responsible that any of the quantities be found even approximately correct in the construction of the work, and that the Contractor will make no claim for anticipated profits or for loss of profit because of a difference between the quantities of the various classes of work actually done, or of the materials actually delivered, and any estimated quantities stated in the bids. The Contractor hereby agrees that he/she will complete the entire work to the satisfaction of the Engineer and in accordance with the Specifications and Plans herein mentioned and at the prices agreed upon and fixed therefore. 20.12 COMMENCEMENT OF WORK: The Contractor agrees to commence the work required in the Contract Documents within ten (10) days after the signing of the Contract and deliverance of the Bond, unless otherwise specified in the Supplemental Specifications or directed by the Director of Public Services; and at his/her own cost and expense do and complete all the work and furnish all the labor, machinery, tools and materials, except as specified in the Supplemental Specifications, and to do everything required to build and put into complete working order for the City of Lewiston the work described in the Contract Documents. 20.13 TIME AND ORDER OF DOING WORK: The Contractor agrees that the work shall be commenced and carried on at such points and in such order of precedence and at such times and seasons as may from time to time be directed by the Engineer. It is further agreed that no work shall be done under this Contract on Saturdays or Sundays or on days declared by the State Legislature as Legal Holidays, except in cases of emergency and then only with the consent in writing of the Director of Public Services; nor shall any work be done at night unless authorized in writing by the Director. The Contractor shall make his/her work week conform to that of the Public Services Department. When permission is granted to perform work during times other than this work week, the Contractor shall reimburse the City for any costs for inspection during these periods. 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 ---PAGE BREAK--- 20-6 reason it becomes necessary to do so. The Contractor shall have no claim for damages on account of such delay, but shall be entitled to so much additional time wherein to perform and complete this Contract on his/her part as the Director shall certify in writing to be just. Whenever any part of the work covered by this Agreement is done in part by or connects with the work so as to accommodate the work of the other contractors and to cooperate with such contractors in mutual agreements as to all such work, and no contractor shall have a claim against the City growing out of the negligence or delay of any other contractor or contractors; but each contractor shall be liable to every other contractor for any such delay or negligence. 20.15 COMPETENT PERSONNEL TO BE EMPLOYED: The Contractor shall employ only competent personnel to do the work; and whenever the Director shall notify the Contractor, in writing, that any person on the work is, in his/her opinion, incompetent, unfaithful, disorderly or otherwise unsatisfactory, such person shall be discharged from the work and shall not again be employed on it except with the consent of the Director. 20.16 NOT TO SUBLET OR ASSIGN: The Contractor shall give his/her personal attention constantly to the faithful prosecution of the work, shall keep the same under his/her personal control and shall not assign, by power of attorney or otherwise, nor sublet the work or any part thereof, without the previous written consent of the Director; and shall not, either legally or equitably, assign any of the money payable under this Agreement or his/her claim thereto, unless by and with the like consent of the Director. 20.17 DIRECTIONS AND EXPLANATIONS, CORRECTIONS OF ERRORS: The Plans and Specifications are understood to be explanatory of each other, but should any discrepancy appear or any misunderstanding arise as to the import of anything contained in either of them, the parties hereto further agree that the explanation and decision of the Engineer shall be final and binding on the Contractor; and all directions or explanations required or necessary to complete any of the provisions of this Contract and these Specifications and give them due effect shall be given by the Engineer. Correction of any error in the Plans or Specifications may be made by the Engineer, when such correction is necessary for the proper fulfillment of the intention of such Plans or Specifications, the effect of such correction to date from the time that the Engineer gives due notice in writing to the Contractor. 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. ---PAGE BREAK--- 20-7 20.19 EARLY NEGOTIATION: A. Notice Required: When the Contractor becomes aware of facts or circumstances that may cause the Contractor to seek additional compensation, time, or any other change in the requirements of the Plans and Specifications (“Issue”), then the Contractor shall notify the Engineer in writing within forty eight (48) hours of identification of the issue and at least 48 hours before commencing any part of the Work relating to the Issue. The notice must describe the basic nature and extent of the Issue. Such notice may be verbal only if confirmed in writing in one of the two following ways: if a Progress Meeting is held within fourteen (14) days of the date that the Issue became known, such Notice may be confirmed with an entry in the Progress Meeting minutes. Such entry must describe the basic nature and extent of the Issue. Otherwise, the Contractor shall confirm a verbal notice by delivering to the Engineer, within fourteen (14) days of the date the Issue arose, a Written Notice that describes the basic nature and extent of the Issue. The written notice or confirmation will be known as a “Notice of Issue for Consideration”. The Contractor will not be entitled to any additional compensation, time, or any other change to the requirements of the Plans and Specifications without a timely Notice of Issue for Consideration. B. Negotiation: When the Engineer receives the Notice of an Issue for Consideration conforming to Section 20.19 A. Notice Required, the Engineer and the Contractor will negotiate in good faith to attempt to resolve the Issue. Any resolution will be noted in the Progress Meeting minutes or confirmed otherwise in writing by the Engineer. Any changes to the Plans and Specifications that affect compensation, time, quality, or other requirements of the Plans and Specifications shall be by written Change Order. 20.20 SUPERINTENDENCE BY DEVELOPER: At the site of the work, the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in 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. ---PAGE BREAK--- 20-8 20.22 NO CITY EMPLOYEE TO BE INTERESTED: It is further agreed that this Contract shall be utterly void as to the City if any person employed in any capacity by the City of Lewiston is either directly or indirectly interested therein, except as provided by the City Charter. 20.23 WAIVER: No order by the Inspector or the Engineer or any of his/her employees, nor any order, measurement or certificate by the Engineer, nor any order by him/her for the payment of money, nor any payment for, or acceptance of, the whole or any part of the work by the Director, nor any extension of time, nor any possession taken by the Director or his/her employees, shall operate as a waiver of any provision of this Contract, or of any power herein reserved by the Director, or of any right to damages herein provided; nor shall any waiver of any breach of this Contract be held to be a waiver of any other or subsequent breach. Any remedy provided in this Contract shall be taken and construed as cumulative, that is, in addition to each and every other remedy herein provided and the City and the Director shall also be entitled to a writ of injunction against any breach of any of the promises of this Contract. 20.24 ACCESS TO WORK: The Engineer and Director, their assistants and inspectors may, for any purpose, enter upon the work and premises used by the Contractor, therefore, the Contractor shall provide safe and proper facilities therefore. Other City Contractors may also, for all the purposes which may be required by their contracts, enter upon the work and premises used by the Contractor. Any difference or conflicts which may arise between the Contractor and other Contractors of the City in regard to their work shall be adjusted and determined by the Director. 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--- 20-9 20.26 DEFECTIVE WORK AND MATERIALS: The inspection of the work shall not relieve the Contractor of any of his/her obligations to this Contract as herein prescribed and defective work shall be made good and unsuitable materials may be rejected, notwithstanding that such work and materials have been previously overlooked by the Engineer and accepted or estimated for payment. If the work or any part thereof shall be found defective at any time before the final acceptance of the whole work, the Contractor shall forthwith make good such defect, in a manner satisfactory to the Engineer, and if any materials brought upon the ground for use in the work, or selected for the same, shall be condemned by the Engineer as unsuitable or not in conformity with the Specifications, the Contractor shall forthwith remove such materials from the vicinity of the work. Nothing in this Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil; but such materials shall, upon being so attached or affixed, become the property of the City. 20.27 SANITARY REGULATIONS: Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation and made fly proof and satisfactory to the Health Officer, shall be constructed and maintained by the Contractor in such a manner and their use shall be strictly enforced. The building or shanties or other structures for housing and personnel will be permitted only at such places as the Director shall approve and the sanitary conditions in or about such shanties or other structures must at all times be maintained in a manner satisfactory to the Director. 20.28 NO INTOXICATING SUBSTANCES: The Contractor shall neither permit nor suffer the introduction or use of intoxicating substances upon or about the works embraced in this Contract or upon any grounds occupied by him/her. 20.29 EXTRA WORK: The City of Lewiston reserves the right to add portions of the work required under this Contract, using the unit prices established in the proposal. The City will determine if all work outlined in the plans or portions thereof shall be built under this Contract prior to the Contact signing. The term Extra Work as used herein refers to and includes work required by the City which, in the judgment of the Director, involves changes in or additions to that are required by the Plans and Specifications; provided, however, such changes or additions do not result from the fault of the Contractor. The Contractor shall do any extra work when and as ordered in writing by the Director or his/her agents specially authorized thereto in writing, and shall, when requested by the Director so to do, furnish itemized statements of cost of the extra work ordered and give the Director access to the accounts, bills and vouchers relating thereto. If the Contractor claims compensation for extra work not ordered as aforesaid, or for any damage sustained, he/she shall, within one week after the beginning of any such work or of the sustaining of any such damage, make a written statement to the Director of the nature of the work performed or damage sustained and shall, on or before the fifteenth (15th) day of the month succeeding that in which any such extra work shall have been done or any such damage sustained, file with the Director an itemized statement of the details and amount of such work or damage; and unless such statements shall be made as so required, his/her claim for compensation shall be forfeited and invalid and he/she shall not be entitled to payment on account of such work or damage. The determination of the Engineer and Director ---PAGE BREAK--- 20-10 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 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 ---PAGE BREAK--- 20-11 materials for the completion of the same, and to charge the expense of said labor, tools and materials to the Contractor; and the expense so charged shall be deducted and paid by the City out of such monies as may be due or may become due the Contractor under this Contract or any part thereof. In case such expense is more than the sum which would have been payable under this Contract, if the same had been completed by the Contractor, then the Contractor shall pay the amount owed by the City under this Contract at the time the Contractor is notified in writing to discontinue the work or any part thereof, plus the amount of the Bond executed by the Contractor for the performance of the Contract. 20.34 PAYMENT FOR MATERIALS: Payments will be made in accordance with the price stated in the Contract. The Contractor may include requests for payment of material delivered to the job site when such requests are accompanied by invoices substantiating the requests for material payment satisfactory to the City. 20.35 GUARANTEE: The Contractor guarantees that the work to be done under this Contract will be done in a good and workmanlike manner and all materials, whether furnished by him/her or the City used in the construction of the work, will be free from defects and flaws and in conformity with the Plans and Specifications in all respects. This guarantee will be for a period of one year after the date of acceptance of the whole work by the City of Lewiston. The Contractor shall at all times, until the final acceptance of the whole work, keep the surface of the streets in the position and condition required by the Plans and Specifications. If at any time within the period of the guarantee, any other part of the work constructed under the terms of this Contract shall in the opinion of the Director require repairing, the Director shall notify the Contractor in writing to make the required repairs. If the Contractor shall neglect to make such repairs to the satisfaction of the Director within the time limit as set forth in the notice in writing to the Contractor of the required repairs, then the Director may make the necessary repairs, by contract or otherwise, and the City shall have a claim against the Contractor in the amount of the expense incurred by the City in making such repairs. It is hereby, however, specifically agreed and understood that this guarantee shall not include any repairs made necessary by any cause or causes other than defective work or materials. 20.36 WORK DAY: A work day shall be any day, other than a State of Maine legal holiday or Sunday, on which weather and working conditions permit the Contractor to make effective use of not less than seventy-five (75%) per cent of the hours during the regular work day. In the event the Contractor is granted permission to engage in work on a legal holiday or Sunday, such a day will be considered and counted as a work day. ---PAGE BREAK---