Such notice may be verbal only if confirmed in writing in one of the two following ways: (A) if a Progress Meeti ng is held within 14 Days of the date that the Issue became known, such Notice may be confirme d with an entry in the Progre ss Meeting minutes. Such entry must describe the basic nature and extent of the Issue. (B) Otherwise, the Contractor shall confirm a verbal notice by Delivering to the Resident, wi thin 14 Days of the date the Issue arose, a written notice that describes the basic nature a nd 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 add itional compensation, time, or any other change to Contract requirements without a timely Notice of Issue for Consideration.
Conforming to Section 104.4.5(A) - Notice Required, the Residen t and the Contractor will negotiate to attempt to resolve the Issue. Any resolution will be noted in the Progress Meeting minutes or confirmed otherwise in writing by the Department. Any changes to the Contract that affect compensation, time, quality, or other Cont ract requirements shall be by written Contract Modificati on as provided by Section 109.8 - Co ntract Modifications. For related provisions, see Sections 109.5 - Adjustments for D elay and 109.7 - Equitable Adjustments to Compensation and Time.
of the date the Resident receives the Notice of Issue for Consi deration, and if the Contractor desires additional consideration by the Department, then the Co ntractor must comply with Resolution of Disputes. 104.4.6 Utility Coordination
to coordinate the Work of the C ontractor and the Work of affected Utility Companies. Usually this meeting will be held on the same day as and immedi ately before the Pre- construction Meeting provided by Section 104.4.2 - Pre-construction Meeting but, in any event, will be held before the start of on-site construction by the Contractor that affects Utility Facilities. The Department’s Utility Coordinator, the Project Manager, Resident, the Contractor’s Superintendent, and a representative of each affec ted Utility Company will attend. The Department’s Utility Coordinator will prepare minu tes of the Pre-construction Utility meeting and distribute them to all attendees. Any requ ests to revise the minutes must be made to the Department’s U tility Coordinator within 7 Days o f distribution. These minutes will constitute the final record of the meeting. For a related provision, see Section 104.4.2 - Pre-construction Meeting(s).
including subsection E - Temporary Relocations below, all Utili ty Facilities of all Utility Companies within the Right-of-Way will be relocated and adjuste d as provided in the
Contract by and at the expense of the affected Utility Company, provided, however, that the Contractor is responsible for scheduling its Work in accordance with the time allowed for utility relocation as provided in the Contract. Utility relocation Work may not proceed without authorization from the Department.
1) Utility Coordination - The Contractor has primary responsib ility for coordinating its work with utilities after contract award. The Contractors hall communicate directly with the utilities regarding any utility work necessary to maintain the Contractor’s schedule and prevent project construction delays. The Contractor shall noti fy the Resident of any issues. The Contractor shall plan and conduct its work accordingly. 2) The Contractor must exercise every reasonable precaution t o prevent damage to Utility Facilities or interruption to utility services known to or discovered by the Contractor, whether or not shown on the Plans. Such precautions must inclu de notice to Utility Companies before undertaking Work that could damage Utility Fac ilities. The Contractor must provide each Utility Company with notice at least three Bu siness Days before the date a Utility Company will have to support any pole. 3) The Contractor must take all reasonable precautions to det ermine the presence of underground Utility Facilities before commencing any excavation Work and must provide all affected Utility Companies with at least 72-hour prior notice of the proposed excavation. The Contractor must comply with 23 MRSA § 3360-A, entitled “Pro tection of Underground Facilities,” Maine’s “Dig Safe” statute, and also contact the n on-member underground facility operators in the Maine Public Utilities Commission’s “OK-TO-DIG” directory. 4) The Contractor must maintain initial markings (spray paint , stakes, etc.) made by the authorized representative of a Utility Company to indicate the location of underground Utility Facilities and otherwise comply with 23 MRSA § 3360-A(4 ). 5) The Contractor must cooperate with Utility Companies in its relocation or operations so that these operations proceed in a logical sequence, minimize duplication of Work, and avoid unnecessary interruptions to utility service. 6) If utility services are interrupted as a result of the Con tractor’s Work, the Contractor must promptly notify the appropriate Utility Company and must cooperate fully in the restoration of service. If service is interrupted, repa ir Work will be continuous until the service is restored. No Work can be undertaken around fire hydrants until the local fire authority has approved provisions for continued services. 7) The Contractor must schedule its Work so as to provide for all Utility Company Work and to complete the Work within the Contract Time. The es timated number of workdays required by each Utility Company to perform its relocation Work contained in the Contract is provided by the Utility Companies and are estimates only. Such Utility Facility relocation times assume normal Working times (Monday through Fr iday, 8 hours per day), and are dependent upon normal weather, normal Working conditions, and freedom from emergencies. The Department is not responsible for the accurac y of these estimates. If a Utility Company fails to perform its Work within the time frames set forth in the Contract or in the minutes of the Pre-construction Utility Meeting, and suc h failure affects the Contractor’s Critical Path, the C ontractor may request a suspension of Work pursuant to
Section 107.5.2 and such Delay will be analyzed in accordance w ith Section 109.5 - Adjustments for Delay. 8) Any clearing and tree removal that is a part of the Contra ct and that must be done in areas where Utility Companies are involved must be completed by the Contractor before the Utility Company can relocate its Utility Facilities. Any c learing, cutting of single trees, or limbing required for the temporary or permanent Utility Faci lity location must be approved by the Department. The C ontractor must provide the De partment with prior notice of at least 4 Days before removing or trimming any trees or other vegetation. 9) If blasting occurs on the Pro ject, the Contractor must pro vide each Utility Company having Utility Facilities that could be damaged by the blast with at least 24-hour prior notice that includes the anticipated time of the initial blast. 10) If the Contractor observes a Utility Company Working with in the Project Limits in a manner that (A) violates t he MUTCD, the Contractor’s Traff ic Control Plan, or an applicable OSHA requirement or commonly accepted safety practices, and (B) represents a clear and immediate risk of si gnificant bodily injury to any pe rson within the Project Limits, then the Contractor must notify the Resident and the Utility Co mpany immediately. 11) The Contractor agrees to indemnify, defend, and hold harm less the Department from and against any and all claims or causes of action arising from any act or omission of the Contractor, the Subcontractors, or their respective agents, representatives, or employees for failure to comply with this Section 104.4.6.
location of Utility Facilities for the Contractor’s convenience . The Contractor must satisfy the Department that the proposed temporary change will not inte rfere with the Work, the Work of Utility Companies, or the W ork of other Contractors and will not impede the free and safe flow of traffic. If accep table to the Department, the Contractor may make its own request to the Utility Company or other party affected by such temporary changes. The expense and risk of temporary changes will be borne solely by t he Contractor; no changes to compensation or time will be made.
in accordance with Section 109.4 - Differing Site Conditions.
Contract. 104.4.7 Cooperation with Other Contractors The Department res erves the right to Contract for, perform, or allow other Work to be performed with in or near the Project Limits. The Contractor must take all reasonable steps to avoid interfering or hindering such other Work. The Contractor must cooperate with Contractors or others performing such other Work as directed by the Department. If the basic nature and scope of such other Work are provided or referenced in the Bid Documents or are otherwise known or foreseeable to the Cont ractor, then the Contractor assumes all risks and liability associated with such other Work and agrees to indemnify, defend, and hold harmless the Department from all claims relate d to such other Work that arise from the Contractor’s acts or omissions.
104.4.8 Coordination with Railroads The Contractor shall (A) perform Work within a railroad Right-of-Way without i nterfering with trains or rail road company traffic and (B) coordinate all Work crews and the Contractor’s Schedule of Work to accommodate the railroad company Work. If the Bid Documents show that Materials must be hauled across railroad tracks, the Department will make preliminary arrangeme nts with the railroad to permit such hauling. The Contractor shall, at its expense, neg otiate and enter into any other Agreements with the railroad. Special Provision will provide any additional conditions or re quirements regarding railroad coordination. 104.4.9 Coordination with Marine Tr affic The Contractor shall not interfere with free and safe navigation of navigable waters except as provided by permit issued by the US Coast Guard and other applicable regulatory agencies. All Work must comply with all US Coast Guard permit conditions and all applicable Federal regulations affecting navigation. When the basic nature and scope of marine traffic requirements are provided or referenced in the Bid Documents or are otherwise known or fores eeable to the Contractor, then the Contractor assumes all risks and liability associated with said requirements, and the Contractor shall indemnify, defend, and hold harmless the Depar tment from all claims related to the maintenance or obstruction of marine traffic tha t arise from the Contractor’s acts or omissions. 104.4.10 Coordination of Road Closure/Bridge Closure/Bridge Wi dth Restriction Notification When a road closure, bridge closure, or width res triction is allowed by the Contract, prior to a closure or a width restriction to a single lane of less than 15 ft., the Contractor shall notify affected public officials, agencies, ot her entities, and the public of the date on which the closure/width restriction will begin and the anticipated duration of the closure/restriction, as indicated below. The closure shall be announced on a minimum of two portable/ch angeable message signs, placed in approved locations, beginning at least ten Days prior to the closure. A public notice shall also be published in a local newspaper ten Days prior to the closure. Advance warning signs shall be placed so the traveling public is aware of the restrictions in place. They shall be placed at enough distance from the restriction so vehicular traffic can be rerouted to an alternate route. The Contractor shall notify the following public officials, ag encies, and organizations ten Days prior t o, and again the Day before, the date that the closure/restriction begins and the anticipated length of the cl osure/restriction. When the road/bridge is reopened/unrestricted to traffic, the following list will again be notified. The Contractor shall provide the Department with documentation that the listed public officials, agencies, and organizations received the notification at least 10 Days prior to the
closure/restriction or with proof that the notification was mai led 15 Days prior to the closure/restriction.
Town Officials (Manager or First Selectperson) Representative or County Commissioners (If Unorganized Townsh ips) County Sheriff’s Department Fire Department Police Department State Police Emergency Service School Department Post Office Chamber of Commerce Any Large Employers Mobile Home Movers, Manufacturers and Dealers Bureau of Maine Vehicles – Over Size/Over Weight Permits MaineDOT Radio Room Maine DOT Regional Office All notifications will be subject to the approval of the Resid ent. All costs not covered by Pay Items will be considered incidental to the Contr act.
104.5Subcontracting
104.5.1 Limits on Subcontracting The Contractor shall perform at least 30% of the value of the Work with its own Work force, excluding any specia lty items as designated in the contract documents by the Department. The Contractor shall not carry t he workers of another recognized Contractor or firm on its payroll or a Subcontractor’s payroll. The Contractor sh all not use any Subcontractors that are debarred from Bidding by the Federal Government or any agency of the State of Maine. 104.5.2 Contractor’s Duties Regarding Subcontractors Subcontra ctors are solely the responsibility of the Contractor. The Contractor is responsible for assuring that its Subcontractors have sufficient skill and experience to perform the Work properly and for coordinating and managing its Subcontractors to achieve the int ent of the Contract. The Contractor agrees to indemnify, defend, and hold harmless the D epartment from and against all claims and causes of action arising out of any act or omission of Subcontractors, their agents, representatives, and employees. The Contractor agrees to indemnify, defend, and hold harmless the Department from any claims asserted by its Su bcontractors, including any claims to recover losses allegedly suffered by a Subcontractor. Subcontracting does not alter or diminish the Contractor’s obligations under the Contr act. For a related provision, see Section 105.1 - Intent of the Contract.
104.5.3 Documentation Regarding Subcontracting Before any Work is performed by a Subcontractor, the Contractors hall provide the Department a Subcontract approval package which shall include: A list of all Subcontractors that the Contractor anticipates w ill be providing Work within the Project Limits. . If requested by the Department, t he Contractor shall provide th e Department with copies of any subcontract or other document that establishes the relat ionship of the Contractor and any Subcontractors. 104.5.4 Discharge of Subcontractors The Department, upon writ ten notice to the Contractor, may require that th e Contractor discharge any Subco ntractor without cost or liability to the Department. If the Department determines that a Subcontractor’s performance jeopardizes the intent of the Contract otherwise, t he Department may, but is not required, to notify the Contractor of such a determination. Su ch notice, or lack thereof, does not affect the Contractor’s duties regarding Subcontractors. U pon Receipt of such notice, the Contractor shall take any action it determines is necessary to fulfill its obligations under the Contract. For related provisions, see Sections 104.3.4 - W orkers and Equipment, 104.5.2 - Contractor’s Duties Regarding Subcontractors, 105.1 - Intent of the Contract, and 105.2 - Health and Safety. Prompt Payment of Subcontractors Pay When Paid The Contractor sha ll pay Subcontractors in full for all Work satisfactorily performed and I nvoiced by the Subcontractor no l ater than 30 Days from the date the Contractor receives payment from the Department for su ch Subcontractor’s Work. Contractor will insure that its Subcontractors pay all Sub-Subc ontractors, including suppliers and materialmen, no later than 30 days from the date that they receive payment from the Contractor. Retainage The Contractor shall return to the Subcontractor all retainage withheld from the Subcontractor within 30 Days after the date the Subcontract or’s Work is satisfactorily completed. If there is a Delay in such return of retainage, th e Subcontractor may pursue all rights it may have under the claims procedure referenced in Section 104.5.6 - Subcontractor Claims for Payment. Payment Tracking Federal Projects On federally funded projects , the Contractor, Subcontractors, and lower-tier Subcontractors will track and co nfirm the delivery and receipt of all payments through the Elation System. They will be responsible for entering all payments to all Subcontractors and lower-tier Subcontractors. The Department will run a query monthly to ensure that Contractors are complying and gene rate an e-mail to Contractors who have not responde d to confirm receipt of Department payment or Contractor payment to Subcontractors and lower-tier Subcontract ors.
104.5.6 Subcontractor Claims for Payment The Contractor agrees to notify all Subcontractors of the claim filing procedure of Payment and Per formance Bonds required by 110.2.1. The Department may use retainage and other remaini ng project funds to pay outstanding claims for Accepted Work. 104.5.7 Flow Down All subcontracts of the Contractor, and all lower tier subcontracts, shall contain or reference all applicable provisi ons of the Contract, including all safety, wage, Prompt payment, labor, environmental, and equal opportunity provisions. The Contractor shall indemnify, defend, and hold harmless the D epartment against any and all claims or liabilities arising from the failure to includes uch flow down provisions and agrees that any such claims and liabilities may be paid by the Department using retainage on other Project funds. 104.5.8 No Third Party Beneficiaries The Contractor and the D epartment agree that this Contract is not intended to c reate any third-party benefic iaries or to authorize anyone not a party to the Contract to m aintain an action under Contrac t provisions. 104.5.10 Warranty and Maintenance Bonds Warranty and Maintena nce Bonds may be required of the Contractor or t he Subcontractor for specifie d items that the Department deems appropriate. Specific requirements will be given via Spe cial Provision. These bonds may be for specified items in the Contract Schedule of Items. The Bond must name the “Treasurer-State of Maine” as an obligee. The Contractor shall provide a copy of said bond to the Department before the pe rformance of any affected on-sit e Work. Should the subcontractor be required by sp ecial provision to provide a War ranty or Maintenance Bond, the Contractor hereby authorizes the Department to directly con tact the Landscape Subcontractor and/or its Surety i n the event of a failure of th e bonded item to perform as specified.
Scope of Section This Section contains Work requirements that are generally within the scope of all Projects. These include provisions related to health and safety, traffic control, maintenance of Work, hauling of Materials and Equipmen t, construction surveying, Working Drawings, the environmen t, historic and archeological c onsiderations, equal opportunity and civil rights, and other federal requirements. This Section is not all- inclusive. The scope of these items is often described more sp ecifically and fully elsewhere in the Contract and in other specific items that appear elsewhe re. This Contract is federall y funded, unless expressly provided o therwise in the Bid Documents. As a federally funded Contract, it includes all fed eral requirements set forth in the Project Specific Bid Book.
105.1Intent of the Contract The intent of the Contract is to provide for the
construction and Completion of a f unctionally complete Project in Conformity with the Contract. The Contractor shall furnish all Work to achieve this intent, including all Work