Pavement Markings

BID #28-23 Pavement Markings Page 1 of 29 City of Portsmouth Portsmouth, New Hampshire Department of Public Works Bid #28-23 Pavement Markings INVITATION TO BID Sealed bid proposals, plainly marked, “Bid #28-23 Pavement Markings” on the outside of the mailing envelope as well as the sealed bid envelope, delivered to the at City Hall, 1 Junkins Avenue, Portsmouth, New Hampshire, 03801, addressed to the Finance/Purchasing Department, will be accepted until Febuary 17, 2023 at 10:30 a.m. at which time all bids will be publicly opened and read aloud in the Finace Seybolt conference room. Application of all pavement markings to be applied prior to June 28th, 2023. Approximate work list: • Double Yellow Center Lines- approximate 400,000 linear feet of 4” individual line latex paint (200,000 linear feet of double yellow lines) • White Edge Lines – approximate 320,000 linear feet latex paint • 6” Single Lane Bike Lane – approximate 3,600 linear feet latex paint • 4” White Parking Stall Latex

Lines with Hand Cart as needed – approximate 1,000 linear feet latex paint • Provide thermoplastic line striping in thirty two intersections/locations (Listed in the back of this document)that include the following estimated quanitities: o 12” crosswalks and stop bars – approximate 10,000 linear feet o 18” crosswalks and stop bars – approximate 350 linear feet o Symbols/Words – approximate 2,000 square feet This bid is available from the City’s website: http://www.cityofportsmouth.com/finance/purchasing.htm, under the project heading. Questions may be directed to the Purchasing Coordinator at purchasing@cityofportsmouth.com. Addenda to this bid document, if any, including written answers to questions, will be posted on the City of Portsmouth website at http://www.cityofportsmouth.com/finance/purchasing.htm under the project heading. Addenda and updates will NOT be sent directly to vendors. The City of Portsmouth reserves the right to reject any or all bids, to waive technical or legal deficiencies, and to accept any bid that it may deem to be in the best interest of the City. http://www.cityofportsmouth.com/finance/purchasing.htm http://www.cityofportsmouth.com/finance/purchasing.htm BID #28-23 Pavement Markings Page 2 of 29 BIDDING REQUIREMENTS AND CONDITIONS 1. Special Notice to Bidders a) Attention is directed to the fact that appended to these specifications is a complete set of bidding and general contract forms. These forms may be detached from the specifications and executed for the submittal of bids. b) The plans, specifications, and other documents designated in the proposal form will be considered as part of the proposal, whether attached or not. c) The bidders must submit a statement of bidder’s qualifications if requested. 2. Issuance of Proposal Forms The City of Portsmouth, herein referred to as the Owner, reserves the right to deny a proposal form to a prospective bidder or to disqualify a bidder if the bidder is in default for any of the following reasons: a) Lack of competency or of adequate machinery, plant or other equipment, as revealed by the statement of bidders qualification or otherwise. b) Uncompleted work which, in the judgment of the Owner, might hinder or prevent the prompt completion of additional work if awarded. c) Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts. d) Default under previous contracts. e) Unsatisfactory performance on previous contracts. f) The proposal is improper or nonconforming as defined in item 7 of this section. 3. Familiarity with Laws The bidder is assumed to have made himself or herself familiar with all federal and state laws and all local by-laws, ordinances and regulations which in any manner affect those engaged or employed on the work or affect the materials or equipment used in the work or affect the conduct of the work, and the bidder, if awarded the contract, shall be obligated to perform the work in conformity with said laws, by-laws, ordinances and regulations notwithstanding his or her ignorance thereof. If the bidder shall discover any provision in the plans or specifications which is in conflict with any such law, by-law, ordinance or regulation the bidder shall forthwith report it to the engineer in writing. 4. Preparation of Proposal a) The bidder shall submit his or her proposal upon the forms furnished by the Owner. All words and figures shall be in ink or typed. In case of discrepancy between the prices written in words and those written in figures, the prices written in words shall govern. b) The bidder's proposal must be signed with ink by the individual, by one or more general partners of a partnership, by one or more members or officers of each firm representing a joint venture; by one or more officers of a corporation, by one or more members (if member-managed) or managers (if manager-managed) of a limited liability company, or by an agent of the contractor legally qualified and acceptable to the owner. If the proposal is made by an individual, his name and post office address must be shown, by a partnership the name and post office address of each general and limited partner must be shown; as a joint venture, the name and post office address of each venturer must be shown; by a corporation, the name of the corporation and its business address must be shown, together with the name of the state in which it is incorporated, and the names, titles and business addresses of the president, secretary and treasurer. BID #28-23 Pavement Markings Page 3 of 29 c) Addenda to this proposal, if any, including written answers to questions, will be posted on the City of Portsmouth website at http://www.cityofportsmouth.com/finance/purchasing.htm under the project heading. Addenda and updates will NOT be sent directly to firms. Contractors submitting a proposal should check the website daily for addenda and updates after the release date. Firms should print out, sign and return addenda with the proposal. Failure to do so may result in disqualification. 7. Nonconforming Proposals Proposals will be considered nonconforming and may be rejected in the Owner's sole discretion for any of the following reasons: a) If the proposal is on a form other than that furnished by the Owner, or if the form is altered or any portion thereof is detached. b) If there are unauthorized additions, conditional or altered bids, or irregularities of any kind which may tend to make the proposal or any portion thereof 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 except in the case of authorized alter pay items. 8. Delivery of Proposals When sent by mail, the sealed proposal shall be addressed to the Owner at the address and in the care of the official in whose office the bids are to be received. All proposals shall be filed prior to the time and at the place specified in the invitation for bids. Proposals received after the time for opening of the bids will be returned to the bidder, unopened. 9. Withdrawal of Proposals A bidder will be permitted to withdraw his or her proposal unopened after it has been submitted if the Owner receives a request for withdrawal in writing prior to the time specified for opening the proposals. 10. Public Opening of Proposals Proposals will be opened and read publicly at the time and place indicated in the invitation for bids. Bidders, their authorized agents, and other interested parties are invited to be present. 11. Disqualification of Bidders Any or all of the following reasons may be deemed by Owner, in its sole discretion, as being sufficient for the disqualification of a bidder and the rejection of his proposal or proposals: a) More than one proposal for the same work from an individual, firm, or corporation under the same or different name. b) Evidence of collusion among bidders. c) Failure to submit all required information requested in the bid specifications. d) Such disqualification would be in the best interests of the Owner. http://www.cityofportsmouth.com/finance/purchasing.htm BID #28-23 Pavement Markings Page 4 of 29 12. Material Guaranty and Samples Before any contract is awarded, the bidder may be required to furnish a complete statement of the origin, composition and manufacture of any or all materials to be used in the construction of the work, and the Owner may, in its sole discretion, reject said bid based on the contents of said statement or as a result of the failure of the bidder to submit said statement. AWARD AND EXECUTION OF CONTRACT 1. Consideration of Proposals a) After the proposals are opened and read, they will be compared on the basis of the total price to be charged to perform the work. The results of such comparisons will be immediately available to the public. In case of a discrepancy between the prices written in words and those written figures, the prices written in words shall govern. In case of a discrepancy between the total shown in the proposal and that obtained by adding the products of the quantities of items and unit bid prices, the latter shall govern. b) The right is reserved to reject any or all proposals, to waive technicalities or to advertise for new proposals, if in the sole discretion of the Owner the best interest of the City of Portsmouth will be promoted thereby. 2. Award of Contract a) Within 30 calendar days after the opening of proposals, if a contract is to be awarded, the award will be made to the lowest responsible and qualified bidder whose proposal complies with all the requirements prescribed. The successful bidder will be notified, in writing, emailed to the address on his or her proposal, that his or her bid has been accepted and that the bidder has been awarded the contract. b) The award shall not be considered official until such time that a Purchase Order, fully executed contract or an award letter has been issued by the Finance Director. No presumption of award shall be made by the bidder until such documents are in hand. Verbal notification of award is not considered official. Any action by the bidder to assume otherwise is done so at his/her own risk and the City will not be held liable for any expense incurred by a bidder that has not received an official award. 3. Cancellation of Award The Owner reserves the right to cancel the award of any contract at any time before the execution of such contract by all parties without any liability of the Owner. 4. Execution and Approval of Contract The successful bidder will be required to present all required insurance certificates and execute the contract within 10 days following notification of acceptance of his or her bid. No contract shall be considered as in effect until it has been fully executed by all parties thereto. 5. Failure to Execute Contract Failure to execute the contract and provide required insurance certificates within 10 days after notification of acceptance of bid shall be just cause for the cancellation of the award. Award may then be made to the next lowest responsible bidder, or the work may-be re-advertised as the Owner may determine in its sole discretion. BID #28-23 Pavement Markings Page 5 of 29 PROPOSAL FORM Pavement Markings CITY OF PORTSMOUTH, N.H. To the City of Portsmouth, New Hampshire, herein called the Owner. The undersigned, as Bidder, herein referred to as singular and masculine declares as follows: 1. All interested in the Bid as Principals are named herein. 2. This bid is not made jointly, or in conjunction, cooperation or collusion with any other person, firm, corporation, or other legal entity. 3. No officer, agent or employee of the Owner is directly or indirectly interested in this Bid. 5. The bidder understands that the quantities of work calculated in the Bid or indicated on the Drawings or in the Specifications or other Contract Documents are approximate and are subject to increase or decrease or deletion as deemed necessary by the Owner’s Representative. Any such changes will not result in or be justification for any penalty or increase in contract prices; and agrees that, if the Bid is accepted the bidder will contract with the Owner, as provided in the Contract Documents, this Bid Form being part of said Contract Documents, and that the bidder will supply or perform all labor, services, plant, machinery, apparatus, appliances, tools, supplies and all other activities required by the Contract Documents in the manner and within the time therein set forth, and that the bidder will take in full payment therefor the following item: THIS PROJECT SHALL BE BID BY UNIT PRICES: ITEM #1: 320,000 LF, 4” Single White Edge Striping Latex Based Paint (INPLACE) _________________________ _________________________ ______________________ Unit price in words per LF Unit price in figures Total Item #1 ITEM #2: 400,000 LF, 4” Double or Single Yellow Centerline Striping Latex Based Paint (INPLACE), (Price is for each line not both lines, for instance 1 lf of double yellow applied will be paid as 2 lf) _________________________ _________________________ ______________________ Unit price in words per LF Unit price in figures Total Item #2 ITEM #3: 10,000 LF, 12” Thermoplastic Line (INPLACE) _________________________ _________________________ ______________________ Unit price in words per LF Unit price in figures Total Item #3 ITEM #4: 350 LF, 18” Thermoplastic Line (INPLACE) _________________________ _________________________ ______________________ Unit price in words per LF Unit price in figures Total Item #4 ITEM #5: 2,000 SF of Thermoplastic Pavement Symbols or Words (INPLACE) _________________________ _________________________ ______________________ Unit price in words per SF Unit price in figures Total Item #5 BID #28-23 Pavement Markings Page 6 of 29 PROPOSAL FORM (continued) ITEM #6: 3,600 LF of 6” Single White Bike Lane Striping Latex Based Paint (INPLACE) _________________________ _________________________ ______________________ Unit price in words per LF Unit price in figures Total Item #6 ITEM #7: 1,000 Linear Ft of 4” White Parking Stalls Latex based Paint Using Hand Cart (INPLACE) _________________________ _________________________ ______________________ Unit price in words per LF Unit price in figures Total Item #7 ITEM #8: 100 SF of Preformed Thermoplastic Symbols for bike markings etc. as needed. (INPLACE) _________________________ _________________________ ______________________ Unit price in words per LF Unit price in figures Total Item #8 ITEM #9: Traffic Flagging Allowance Five thousand dollars $5,000.00 $5,000.00 _________________________ _________________________ ______________________ Unit price in words Unit price in figures Total Item #9 TOTAL BID: (ITEMS #1 - #9) ___________________________________________ _________________________ Total bid in words Total bid price in figures The undersigned agrees that for extra work, if any, performed in accordance with the terms and provisions of the Contract Documents, they will accept compensation as stipulated therein. ____________________ ____________________________________________________ Date Bidder By:____________________________________________ Title:___________________________________________ _______________________________________________________________________________ Business Address _______________________________________________________________________________ City, State, Zip Code Phone __________________________ Email Address: ________________________________ All Bids are to be submitted on this form and in a sealed envelope, plainly marked on the outside with the Bidder's same and address and the Project name as it appears at the top of the Proposal Form. BID #28-23 Pavement Markings Page 7 of 29 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. Add separate sheets if necessary. This statement to be submitted with Bid. 1. Name of Bidder 2. Permanent Main Office Address 3. Form of Entity 4. When Organized 5. Where Organized 6. How many years have you been engaged in business under your present name; also state names and dates of previous firm names, if any. 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? _____(no)____(yes). If so, where and why? 9. Have you ever defaulted on a contract? _____(no)_____(yes). If so, where and why? 10. Have you ever failed to complete a project in the time allotment according to the Contract Documents? _______(no)_____(yes). If so, where and why? 11. List the most important contracts recently executed by your company, stating approximate cost for each, and the month and year completed. 12. List your major equipment available for this contract. 13. List your key personnel such as project superintendent and foremen available for this contract. BID #28-23 Pavement Markings Page 8 of 29 STATEMENT OF BIDDER'S QUALIFICATIONS (Contined) Dated at _______________ this ________ day of ________, 20___. ____________________________ Name of Bidder BY_______________________________ TITLE_______________________________ State of__________________ County of____________________ ____________________________being duly sworn, deposes and says that the bidder is _____________of___________________________ (Name of Organization) and answers to the foregoing questions and all statements contained therein are true and correct. Sworn to before me this ____day of ______, 20__. ______________________ Notary Public My Commission expires_______________ BID #28-23 Pavement Markings Page 9 of 29 CONTRACT AGREEMENT Pavement Markings THIS AGREEMENT made as of the ____ day of _______________ in the year 2022, by and between the City of Portsmouth, New Hampshire (hereinafter call the Owner) and ________________________ (hereinafter called the Contractor), WITNESSETH; that the Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE I - WORK - The Contractor shall perform all work as specified or indicated in the Contract Documents for the completion of the Project.The Contractor shall provide, at his expense, all labor, materials, equipment and incidentals as may be necessary for the expeditious and proper execution of the Project. ARTICLE II – CITY OWNER REPRESENTATIVE - The Director of Public Works, or his authorized representative will act as the Owner’s Representative and engineer in connection with completion of the Project in accordance with the Contract Documents. ARTICLE III - CONTRACT TIME - The work will be performed as directed in the time frame indicated on the Notice to Proceed. Contractor and Owner shall cooperatively schedule dates for the marking of pavement. Contractor’s failure to meet agreed upon schedule of work may be grounds for termination. ARTICLE IV – RENEWAL OPTION - It is the intent of this proposal to establish a contractor to perform the work intended pursuant to this contract within 45 days after contract signing (weather permitting), with a yearly option to extend the contract for a total period not to exceed three years. Both the City of Portsmouth and the Contractor must agree on any extensions beyond the first year. ARTICLE V - CONTRACT PRICE - Owner shall pay Contractor for performance of the work in accordance with the Contract Documents as shown under item prices in the Bid Proposal. ARTICLE VI - PAYMENT - Partial payments will be made in accordance with the Contract Documents. Upon final acceptance of the work and settlement of all claims, Owner shall pay the Contractor the unpaid balance of the Contract Price, subject to additions and deductions provided for in the Contract Documents. ARTICLE VII - CONTRACT DOCUMENTS - The Contract Documents which comprise the contract between Owner and Contractor are attached hereto and made a part hereof and consist of the following: 8.1 This Agreement 8.2 Notice of Award, Notice to Proceed 8.3 Instruction to Bidders 8.4 General Requirements 8.5 Insurance Requirements 8.6 Measurement and Payment 8.7 Technical Specifications 8.8 Any modifications, including change orders, duly delivered after execution of this Agreement. BID #28-23 Pavement Markings Page 10 of 29 ARTICLE VIII - TERMINATION FOR DEFAULT - Should contractor at any time refuse, neglect, or otherwise fail to supply a sufficient number or amount of properly skilled workers, materials, or equipment, or fail in any respect to prosecute the work with promptness and diligence, or fail to perform any of its obligations set forth in the Contract, Owner may, at its election, terminate the employment of Contractor, giving notice to Contractor in writing of such election. ARTICLE IX - INDEMNIFICATION OF OWNER - Contractor will indemnify Owner against all suits, claims, judgments, awards, loss, cost or expense (including without limitation attorneys fees) arising in any way out of the Contractor's performance of its obligations under this Contract. Contractor will defend all such actions with counsel satisfactory to Owner at its own expense, including attorney's fees, and will satisfy any judgment rendered against Owner in such action. ARTICLE X - PERMITS - The Contractor will secure at its own expense, all permits and consents required by law as necessary to perform the work and will give all notices and pay all fees and otherwise comply with all applicable City, State, and Federal laws, ordinances, rules and regulations. ARTICLE XI - INSURANCE - The Contractor shall secure and maintain, until acceptance of the work, insurance with limits not less than those specified in the Contract. ARTICLE XII - MISCELLANEOUS - 13.1 Neither Owner nor Contractor shall, without the prior written consent of the other, assign, sublet or delegate, in whole or in part, any of its rights or obligations under any of the Contract Documents; and, specifically not assign any monies due, or to become due, without the prior written consent of Owner. 13.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives, to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. 13.3 The Contract Documents constitute the entire Agreement between Owner and Contractor and may only be altered amended or repealed by a duly executed written instrument. 13.4 The Contract shall be construed in accordance with NH Law and jurisdiction and venue for any disputes arising herewith shall reside with the Rockingham County Superior Court. IN WITNESS WHEREOF, the parties hereunto executed this AGREEMENT the day and year first above written. BID #28-23 Pavement Markings Page 11 of 29 CONTRACT AGREEMENT (continued) NAME OF BUSINESS BY:___________________________ TITLE:____________________________ ATTEST:________________________ (SEAL) CITY OF PORTSMOUTH, N.H. BY:___________________________ Karen S. Conard TITLE: City Manager ATTEST:________________________ (SEAL) BID #28-23 Pavement Markings Page 12 of 29 BID SECURITY BOND (This format provided for convenience, actual Bid Bond is acceptable in lieu of, if compatible.) KNOW ALL MEN BY THESE PRESENTS, that we the undersigned _______________________________, as Principal, and _______________________________, as Surety, are hereby held and firmly bound unto _______________________________ IN THE SUM OF ____________________________________________ as liquidated damages for payment of which, well and truly to be made we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. The condition of this obligation is such that whereas the Principal has submitted to the ___________________________ __________________________________________________________ A CERTAIN Bid attached hereto and hereby made a part hereof to enter into a contract in writing, hereinafter referred to as the "AGREEMENT" and or "CONTRACT", for __________________________________________________________ __________________________________________________________ __________________________________________________________ NOW THEREFORE, (a) If said Bid shall be rejected or withdrawn as provided in the INFORMATION FOR BIDDERS attached hereto or, in the alternative, (b) If said Bid shall be accepted and the Principal shall duly execute and deliver the form of AGREEMENT attached hereto and shall furnish the specified bonds for the faithful performance of the AGREEMENT and/or CONTRACT and for the payment for labor and materials furnished for the performance of the AGREEMENT and or CONTRACT, then this obligation shall be void , otherwise it shall remain in full force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder in no event shall exceed the amount of this obligation. BID #28-23 Pavement Markings Page 13 of 29 NOTICE OF INTENT TO AWARD Date: TO: IN AS MUCH as you were the low responsible bidder for work entitled: Pavement Markings In the City of Portsmouth, New Hampshire, you are hereby notified that the City intends to award the aforesaid project to you. You are further instructed to immediately take the necessary steps for execution of the Contract within ten (10) calendar days from the date of this Notice. Prior to starting work you must deliver to the Owner certificates of insurance which you are required to purchase and maintain in accordance with the Contract Documents. The City reserves the right to revoke this Notice if you fail to take the necessary steps to execute this Contract. City of Portsmouth Portsmouth, New Hampshire Judie Belanger, Finance Director BID #28-23 Pavement Markings Page 14 of 29 NOTICE TO PROCEED DATE: PROJECT: Pavement Markings TO: YOU ARE HEREBY NOTIFIED TO COMMENCE WORK IN ACCORDANCE WITH THE AGREEMENT DATED , AND THE DATE OF COMPLETION OF ALL WORK SHALL BE COMPLETE BY JUNE 30th, 2022. CITY OF PORTSMOUTH, N.H. BY______________________ TITLE______________________ ACCEPTANCE OF NOTICE RECEIPT OF THE ABOVE NOTICE TO PROCEED IS HEREBY ACKNOWLEDGED BY _________________________________ This the ______day of_______________ 20__ By:_________________________________ Title:______________________________ BID #28-23 Pavement Markings Page 15 of 29 CHANGE ORDER _____________________________________________________________ Change Order Number___________ Date of Issuance_________ Owner: Contractor: ________________________________________________________________________ You are directed to make the following changes in the Contract Documents: Description: Purpose of Change Order: Attachments: ________________________________________________________________________ CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $____________________ ___________________days ________________________________________________________________________ Contract Price prior to this Contract Time prior to this Change Order: Change Order: $____________________ ___________________days ________________________________________________________________________ Net Increase or Decrease of Net Increase or Decrease of this Change Order: this Change Order: $____________________ ___________________days ________________________________________________________________________ Contract Price with all Contract Time with all approved Change Orders: approved Change Orders: $____________________ ___________________days ________________________________________________________________________ ________________________________________________________________________ RECOMMENDED: APPROVED: APPROVED: by______________ by______________ by______________ by______________ DPW Director City Finance City Manager Contractor BID #28-23 Pavement Markings Page 16 of 29 CONTRACTOR'S AFFIDAVIT STATE OF ______________________________: COUNTY OF _____________________________: Before me, the undersigned, a ______________________________________ (Notary Public, Justice of the Peace) in and for said County and State personally appeared, ___________________________ (Individual, Partner, or duly authorized representative of Corporate) who being duly sworn according to law deposes and says that the cost of labor, material, and equipment and outstanding claims and indebtedness of whatever nature arising out of the performance of the Contract between CITY OF PORTSMOUTH, NEW HAMPSHIRE and ______________________________________________________ (Contractor) of _______________________________________________________ Dated: ________________________ has been paid in full for Construction of: Pavement Markings ________________________ (Individual, Partner, or duly authorized representative of Corporate Contractor) Sworn to and subscribed before me this ________day of ________________ 20____ __________________________ BID #28-23 Pavement Markings Page 17 of 29 CONTRACTOR'S RELEASE KNOW ALL MEN BY THESE PRESENTS that ______________________________________________________________________________ (Contractor)of _____________________, County of _______________________________and State of ___________________________________________________ do hereby acknowledge that__________________________________________________________(Contractor) has on this day had, and received from the CITY OF PORTSMOUTH NEW HAMPSHIRE, final and completed payment for the Construction of: Pavement Markings NOW THEREFORE, the said __________________________________ (Contractor) for myself, my heirs, executors, and administrators) (for itself, its successors and assigns) do/does by these presents remise, release, quit-claim and forever discharge the City of Portsmouth, New Hampshire, its successors and assigns, of and from all claims and demands arising from or in connection with the said Contract dated ________________, and of and from all, and all manners of action and actions, cause and causes of action and actions, suits, debts, dues, duties, sum and sums of money, accounts, reckonings, bonds, bills, specifications, covenants, contracts, agreements, promises, variances, damages, judgments, extents, executions, claims and demand, whatsoever in law of equity, or otherwise, against the City of Portsmouth, New Hampshire, its successors and assigns, which (I, my heirs, executors, or administrators) (it, its successors and assigns) ever had, now have or which (I, my heirs, executors, or administrators) (it, its successors and assigns) hereafter can shall or may have, for, upon or by reason of any matter, cause, or thing whatsoever; from the beginning of record time to the date of these presents. BID #28-23 Pavement Markings Page 18 of 29 CONTRACTOR'S RELEASE (continued) IN WITNESS WHEREOF, ______________________________________ __________________________________________________________ (Contractor) has caused these presents to be duly executed this _______ _______________ day of ________________________, 20__. Signed, Sealed and Delivered in the presence of: ____________________________ _______________________(Seal) (Individual-Contractor) _____________________________________________________________ _____________________________________________________________ _______________________(Seal) (Partnership-Contractor) ___________________________BY_______________________(Seal) (Partner) _____________________________________________________________ _____________________________________________________________ Attested: ________________________ (Corporation) ___________________________BY_____________________________ (Secretary) (President or Vice President) (Corp. Seal) Attachments: ________________________________________________________________________ ________________________________________________________________________ of _______________________________________________________ Dated: ________________________ BID #28-23 Pavement Markings Page 19 of 29 GENERAL REQUIREMENTS SCOPE OF WORK 1. INTENT OF CONTRACT The intent of the contract is to provide for the completion in every detail of the work described. The Contractor shall furnish all labor, materials, equipment, tools, transportation and supplies required to complete the work in accordance with the terms of the contract. The contractor shall be required to conform with the intent of the plans and specifications. No extra claims shall be allowed for portions of the work not specifically addressed in the plans and specifications but required to produce a whole and complete project, such work will be considered subsidiary to the bid items. 2. INCIDENTAL WORK Incidental work items for which separate payment is not measured includes, but is not limited, to the following items: a. Mobilization b. Signs c. Cooperation with other contractors, abutters and utilities. d. Accessories and fasteners or components required to make items paid for under unit prices or lump sum items complete and functional e. Restoration of property f. Clean up 3. ALTERATION OF PLANS OR OF CHARACTER OF WORK The Owner reserves the right to make such alterations of the plans or of the character of the work as may be necessary or desirable to complete fully and acceptably the proposed construction; provided that such alterations do not increase or decrease the contract cost. Within these cost limits, the alterations authorized in writing by the owner shall not impair any provisions of the contract and such increases or decreases of the quantities as a result from these alterations or deletions of certain items, shall not be the basis of claim for loss or for anticipated profits by the contractor. The contractor shall perform the work as altered at the contract unit price or prices. 4. EXTRA WORK ITEMS Extra work shall be performed by the contractor in accordance with the specifications and as directed, and will be paid for at a price as provided in the contract documents or if such pay items are not applicable than at a price negotiated between the contractor and the Owner or at the unit bid price. If the Owner determines that extra work is to be performed, a change order will be issued. 5. CHANGE ORDERS The Owner reserves the right to issue a formal change order for any increase, decrease, deletion, or addition of work or any increase in contract time or price. The contractor shall be required to sign the change order and it shall be considered as part of the contract documents. BID #28-23 Pavement Markings Page 20 of 29 GENERAL REQUIREMENTS (continued) 6. FINAL CLEAN UP Before acceptance of the work, the contractor shall remove from the site all machinery, equipment, surplus materials, rubbish, temporary buildings, barricades and signs. All parts of the work shall be left in a neat and presentable condition. On all areas used or occupied by the contractor, regardless of the contract limits, the Contractor shall clean- up all sites and storage grounds. The prescribed herein will not be paid for separately, but shall be considered as subsidiary. 7. ERRORS AND INCONSISTENCY IN CONTRACT DOCUMENTS Any provisions in any of the Contract Documents that may be in conflict with the paragraphs in these General Requirements shall be subject to the following order of precedence for interpretation. 1. Technical Specifications will govern General Requirements.