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DEPARTMENT OF PUBLIC WORKS BUILDINGS DIVISION 103 ADAMS AVENUE LEWISTON, MAINE 04240 Tel. [PHONE REDACTED] Fax [PHONE REDACTED] CITY OF LEWISTON ARMORY ELEVATOR PROJECT 2012 ---PAGE BREAK--- TABLE OF CONTENTS PAGE NO. NOTICE TO CONTRACTORS N-1 PROPOSAL FORM P-1 CONTRACT FORM C-1 ADDENDA, IF ANY DIVISION 10 HOLELESS HYDRAULIC ELEVATOR 10-1 DIVISION 20 SUPPLEMENTAL SPECIFICATIONS 20-1 ---PAGE BREAK--- Bid No. 2012-009 Bid Date: 3/13/12 City of Lewiston, Maine Notice to Contractors The City of Lewiston is accepting sealed proposals to furnish and install a Holeless Hydraulic Elevator and all other incidental work as necessary to satisfactorily complete the project as outlined or implied in the Plans and Specifications. Proposals will be received by the City of Lewiston, Maine at the office of the Director of Budget/Purchasing until 2:00 p.m., on March 13, 2012 and then at said office publicly opened and read aloud. 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. There will be a mandatory pre-bid meeting at the Lewiston Armory Building located at 65 Central Avenue, Lewiston, Maine on Thursday, March 1, 2012 at 10:00 A.M. The meeting will be held in the Conference Room located on the first floor. Attendance at this meeting by the Contractor or his/her qualified representative is a mandatory prerequisite for the acceptance of a proposal from that Contractor. 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: CITY OF LEWISTON ARMORY ELEVATOR PROJECT and addressed to: “Director of Budget/Purchasing, City Hall, Lewiston, Maine”. If the Proposal is forwarded by mail, the sealed envelope containing the Proposal and marked as above must be enclosed in a second envelope which shall be addressed to: “Director of Budget/Purchasing, 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 opening time will not be considered. The Finance Committee reserves the right to waive any formality and may consider as informal any Proposal not prepared and submitted in accordance with these provisions. The Finance Committee reserves the right to accept any Proposal or reject any or all Proposals if it is deemed to be in the public interest to do so. No Proposal will be considered unless it is accompanied by a bid security in the form of a bid bond or certified check in the amount of ten percent (10%) of the total base bid price, made out in favor of the City of Lewiston. All bid securities will be released upon deliverance of a signed Contract or, if no Contract award is made, within forty-five (45) days after the opening of the Proposals, unless forfeited as herein stipulated. N-1 ---PAGE BREAK--- The Contract must be signed within ten (10) days, Saturdays, Sundays, and holidays excepted, after the date of notification to the bidder by the Director of Budget/Purchasing of the acceptance of his/her Proposal and readiness of the Contract to be signed. If the bidder fails or neglects, after such notification, to execute the Contract, the Finance Committee may determine that the Proposal has been abandoned; and, in such case, the bid security accompanying the Proposal shall be forfeited to the City of Lewiston. All Proposals must be made on the blank Proposal Form bound in the Contract Documents, or as otherwise provided for in the Specifications. Bidders shall state prices for each separate item of work as called for in the Proposal Form. These prices are to cover all the expenses incidental to the completion of the work in full conformity with the Contract Documents. The prices must be stated both in words and figures. Should a discrepancy be found between the prices written in words and the prices written in figures, the prices written in words shall govern. Proposals which do not contain prices for all items which are called for or which otherwise are not in conformity with this Notice may be rejected. Each bidder shall make his/her Proposal from his/her own examinations and estimates, and shall not hold the City, its agents or employees responsible for, or bound by, any schedule, estimate, sounding, boring, or any plan thereof; and shall, if any error in any plan, drawing specifications or direction relating to anything to be done under this Contract comes to his/her knowledge, report it at once, in writing, to the Engineer. All materials and labor required to complete the work shall be supplied by the Contractor unless otherwise provided for in the Supplemental Specifications. The cost and expense of all the necessary labor, tools and equipment required to complete the work shall be included in the prices stated in the Proposal. Plans and Specifications can be obtained on the City Website at: www.lewistonmaine.gov under Purchasing and “Bids and Awards”. Contract documents can also be viewed at the following locations: Office of the Director of Budget/Purchasing, City Hall - Tel. [PHONE REDACTED] Ext. 3259 Office of the Director of Public Buildings, 103 Adams Ave. - Tel. [PHONE REDACTED] Ext. 3412 McGraw Hill, Scarborough, Maine Willis of Northern New England, Auburn, Maine Construction Summary of Maine, Manchester, NH Associated Constructors of Maine, Augusta, Maine All questions by prospective bidders pertaining to the Contract Documents, Plans and Specifications must be received, in writing, by the Director of Public Buildings, at least five days before the date set for the opening of the Proposals. Any questions which, in the opinion of the Director of Public Buildings, 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. Bidders shall acknowledge receipt of all Addenda in the space provided therefor 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 or telephone/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. N-2 ---PAGE BREAK--- Bid No. 2012-009 Bid Date: 3/13/12 City of Lewiston Proposal For CITY OF LEWISTON ARMORY ELEVATOR PROJECT To: Director of Budget/Purchasing City Hall, Lewiston, Maine Dear Sir/Madam: The undersigned hereby declares that he/she has carefully examined the location of the proposed work, the proposed Contract Form and the Contract Documents therein referred to and that he/she proposes and agrees, if this Proposal is accepted, that he/she will contract with the City of Lewiston, by its City Administrator to provide all machinery, tools, labor, equipment and other means of construction and to do all the work and to furnish all the materials, except those specified in the Specifications to be furnished by the City, necessary to complete the work in the manner and time therein prescribed, in accordance with the conditions and requirements set forth in the Contract Documents and the requirements of the Director of Public Buildings and/or Director of Public Services as provided for therein; and that he/she will accept in full payment therefor the following sums to wit: Base Bid Item: ITEM EST. QTY.& NO. PAY UNIT ITEM DESCRIPTION & UNIT TOTAL 1. 1 L.S. Furnish and Install One 3,500 Pound Capacity Holeless Oil Hydraulic Passenger Elevator as Specified: Elevator Delivery Date: 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 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, unless otherwise specified in the Supplemental Specifications or directed by the Director of Public Buildings or 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 there shall be deducted from monies due the Contractor, not as a penalty, but as inspection costs, the sum of two hundred dollars ($200.00) for each working day beyond the time limit specified in the Supplemental Specifications which is required by the Contractor to complete the whole work to the satisfaction of the Director of Public Buildings and the Director of Public Works. P-1 ---PAGE BREAK--- 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 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 within the time agreed to herein; or, in case the undersigned withdraws his/her Proposal within thirty (30) days after the opening of the Proposals. Otherwise, the deposit will be returned to the undersigned in accordance with the provisions in the Notice to Contractors. Signature of person, firm, or corporation making bid: By: Legal Address: Principal place of business: FIRM’S I.R.S. IDENTIFICATION NO: Date: Address to which all correspondence and notifications are to be sent: Phone No: P-2 ---PAGE BREAK--- CITY OF LEWISTON ARMORY ELEVATOR PROJECT Installer Qualification Statement Please answer the following questions completely; attach sheets if necessary: 1. Installer name, address and phone number: 2. List Project Superintendent and years of experience with the company that will be assigned to this project. 3. List of references for at least five similar projects: a. Project name and address: Owner name, address and phone number: b. Project name and address: Owner name, address and phone number: c. Project name and address: Owner name, address and phone number: P-3 ---PAGE BREAK--- d. Project name and address: Owner name, address and phone number: e. Project name and address: Owner name, address and phone number: 4. List all Subcontractors, if not identified above: Form prepared Print or Type P-4 ---PAGE BREAK--- Bid No. 2012-009 Bid Date: 3/13/12 City of Lewiston, Maine Contract For CITY OF LEWISTON ARMORY ELEVATOR PROJECT This Agreement, made and entered into this day of in the year two thousand twelve, 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 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. Supplemental Specifications 4. Standard Specifications 5. Contract Plans, if any 6. Addenda, if any 7. 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: The party of the second part represents and warrants: ITEM EST. QTY.& NO. PAY UNIT ITEM DESCRIPTION & UNIT TOTAL 1. 1 L.S. Furnish and Install One 3,500 Pound Capacity Holeless Oil Hydraulic Passenger Elevator as Specified: Elevator Delivery Date: C-1 ---PAGE BREAK--- 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: City of Lewiston, Maine Ed Barrett, City Administrator ,Contractor Witnessed C-2 ---PAGE BREAK--- HOLELESS HYDRAULIC ELEVATORS DIVISION 10 PART 1 GENERAL 1.01 SUMMARY A. Section includes: Hydraulic passenger elevators as shown and specified. Elevator work includes: 1. Standard pre-engineered hydraulic passenger elevators. 2. Elevator car enclosures, hoistway entrances and signal equipment. 3. Jack(s). 4. Operation and control systems. 5. Accessibility provisions for physically disabled persons. 6. Equipment, machines, controls, systems and devices as required for safely operating the specified elevators at their rated speed and capacity. 7. Furnish concrete and/or drywall inserts for installation of the elevator manufactures guides rail brackets. 8. Furnish the sill angles as this is an integral part of the elevator supplier sill design. 9. Furnish and install pit ladder. 10. Materials and accessories as required to complete the elevator installation. B. PROJECT COORDINATION This project is a result of the City of Lewiston’s decision to move the Senior Citizen Organization from the Multi Purpose Building to the Armory. Due to the aggressive schedule to complete the installation of the elevator for the new Senior Center at the Armory, and the length of time it takes for delivery of an elevator, the City has chosen to purchase the elevator before the acquiring design plans and a General Contractor to build the elevator enclosure. The City will be issuing a Request for Proposal in the next week to provide a Design Build Project to build a new Elevator Enclosure. Proposals for the Design Build Elevator Enclosure Project will be due to the City by March 22, 2012. The enclosure will be located adjacent to the Armory’s stairway on the corner of Vale and Central Avenue. Once the bid for the elevator is approved, all General Contractors bidding on the Elevator Enclosure will be notified as to the elevator supplier for this project. The City will also forward the list of General Contractors to the elevator supplier so they can coordinate the final project details before submitting their Final Design Build proposal. C. Work Not Included: General contractor shall provide the following in accordance with the requirements of the Model Building Code and ANSI A17.1 Code. For specific rules, refer to ANSI A17.1, Section 300 for hydraulic elevators. State or local requirements must be used if more stringent. 1. Elevator hoist beam to be provided at top of elevator shaft. Beam must be able to accommodate proper loads and clearances for elevator installation and operation. 2. Supply in ample time for installation by other trades, inserts, anchors, bearing plates, brackets, supports and bracing, including all setting templates and diagrams for placement. 3. Furnish, install and maintain the required fire rating of the elevator hoistway walls, including the penetration of the fire wall by elevator fixture boxes. Hatch/hoistways and machine room walls require a minimum of two hours of fire rating. Hoistway should be clear and plumb with variations not to exceed 1/2'' at any point. 4. Elevator hoistways shall have barricades, as required. 5. For passenger elevators, leave out front wall of hoistway full width by 8’0” high where openings occur so that entrances can be set in proper relationship to guide rails. After entrance are set, the general contractor is to complete front walls and grout frames and sills. 6. Provide lintels above passenger elevators door frames to support walls as may be necessary. Passenger door frames are not load bearing construction. 7. Install bevel guards at 75° on all recesses, projections or setbacks over for A17.1 2000 areas) except for loading or unloading. 10-1 ---PAGE BREAK--- 8. Provide rail bracket supports at pit, each floor and roof. For guide rail bracket supports, provide divider beams between hoistway at each floor and roof. 9. Pit floor shall be level and free of debris. Reinforce dry pit to sustain normal vertical forces from rails and buffers. Provide pit floor suitably reinforced to withstand impacted jack reaction. 10. Machine room may be located in the Armory basement adjust to the proposed elevator. The minimum size of the machine room is 8’ 6” by 7” by 7’0’’ height. Access door to machine room shall be labeled, self closing, self locking and open able from inside without key. 11. Machine room temperature must be maintained between 55º and 90º F. 12. If machine room is remote from the elevator hoistway, clear access must be available above the ceiling or metal/concrete raceways in floor for oil line and wiring duct from machine room. 13. Access to the machinery space and machine room must be in accordance with the governing authority or code. No equipment other than elevator equipment is allowed in the hoistway or machine room. 14. Provide an 8” x 16” cutout through machine room wall, for oil line and wiring duct, coordinated with elevator contractor at the building site. 15. All wire and conduit should run remote from either the hoistways or the machine room. 16. When heat, smoke or combustion sensing devices are required, connect to elevator machine room terminals. Contacts on the sensors should be sided for 120 volt D.C. 17. Install and furnish finished flooring in elevator cab. 18. Any sleeves, cut outs, chases or recesses required by elevator contractor for conduit and oil line shall be provided by the general contractor in location designated on elevator layout drawings. General contractor to fill voids after elevator equipment is in place. 19. Finished floors and entrance walls are not to be constructed until after sills and door frames are in place. Consult elevator contractor for rough opening size. The general contractor shall supply the drywall framing so that the wall fire resistance rating is maintained, when drywall construction is used. 20. Where sheet rock or drywall construction is used for front walls, it shall be of sufficient strength to maintain the doors in true lateral alignment. Drywall contractor to coordinate with elevator contractor. 21. Before erection of rough walls and doors, erect hoistway sills, headers, and frames. After rough walls are finished, erect fascias and toe guards. Set sill level and above finished floor at landings. 22. To maintain legal fire rating (masonry construction), door frames are to be anchored to walls and properly grouted in place. 23. The elevator wall shall interface with the hoistway entrance assembly and be in strict compliance with the elevator contractor's requirements. 24. General contractor shall fill and grout around entrances, as required. 25. Elevator sill supports shall be provided at each opening. 26. All walls and sill supports must be plumb where openings occur. 27. Locate a light fixture and convenience outlet in pit with switch located adjacent to the access door. 28. A light switch and fused disconnect switch for each elevator should be located inside the machine room adjacent to the door, where practical, per the National Electrical Code (NFPA No. 70). 29. As indicated by elevator contractor, provide a light outlet for each elevator, in center of hoistway (or in the machine room). 30. For signal systems and power operated door: provide ground and branch wiring circuits, including main line switch. For car light and fan: provide a feeder and branch wiring circuits, including main line switch. 31. Wall thickness may increase when fixtures are mounted in drywall. These requirements must be coordinated between the general contractor and the elevator contractor. 32. Provide supports, patching and recesses to accommodate hall button boxes, signal fixtures, etc.. 33. Locate telephone and convenience outlet on control panel. 34. Hoistway of elevator must be vented in accordance to the State of Maine code requirements. 10-2 ---PAGE BREAK--- 35. Make permanent provisions to prevent accumulation of ground water in the pit. Drains and/or sump pump, where provided shall be in accordance with applicable plumbing codes. A cover shall be provided over sump and be level with the pit floor. 36. When factory finishes are not required, painting contractor is to paint any primer finished passenger elevator entrances. 37. Provide 208 Volt, three phase, 60 cycles alternating current power supply through fused safety switch in the machine room and wired to the terminals of the elevator controller. Locate disconnect switch within 18” of the strike of the machine room door. See National Electrical Codes for specific design requirements. 38. Provide 120 volt, 15 amp, circuit for the car light, fans and alarm bell, and run to terminals of each elevator controller. Provide fused disconnect or circuit breaker for this circuit in the elevator room near the main disconnect switch. 39. Provide telephone circuit on all elevator connected to terminals of each elevator controller. Furnish and install the device in the car is by elevator supplier and is required prior to turning the elevator to the City. Device must be connected to service that is attended 24 hours a day. 40. Provide adequate machine room lighting (minimum 10 foot candles at floor) with switch located just inside machine room door. Lighting should be placed to illuminate all equipment including machine, controller, etc. 41. Provide ground fault design convenience outlets in machine room and elevator pit. 42. Electrical contractor shall furnish and install smoke detector units in each elevator lobby and machine room as required by current ANSI A17.1 code. Detectors are required in hoistway which have sprinklers. Electrical Contractor shall furnish and install a pair of signal feeders from the detectors to the terminals in the elevator controller for signaling activation of the detectors at any floor except the main floor. A second pair of feeders shall also be provided from the main floor detector to terminal in the elevator controller to signal activation of detectors at main floor only. Detector for elevators shall be zoned separately from detectors throughout the building whereby only elevator lobby detectors will initiate special “Fire Service” elevator operation. Detectors for elevator shall not be self resetting. 43. Electrical contractor is to provide temporary power as required by the elevator contractor for installation of elevator equipment. This includes necessary three phase power for installation of elevator equipment of the same characteristics as the permanent power to the elevator, and power for operating work lights, hoists, drill, etc. 44. Provide guarded pit lights (minimum 5 foot candles at pit floor) 18 inches above the pit floor. 45. All conduits and outlets in the elevator pit are to be waterproof design. 46. Where elevator indicator, signal devices, operating switches, etc., are to be provided in location remote from the hoistway or elevator machine room, the electrical contractor shall furnish and install conduit from hoistway to location of operating and/or signal device. Final connection of indicators shall be by elevator contractor. Contact the elevator contactor for specific details on this type of installation. 47. Electrical contractor is to provide complete all speakers, devices and power source for the public address and fire communication required by the high rise requirements of the building codes. Elevator Contractor to provide feeder from the controller to elevator car and aid electrical contractor in coordination and installation of system on elevator car. 48. When sprinklers are present in the hoistway and/or machine room, means shall be provided to automatically disconnect the main line power supply to the elevators prior to the application of water. 1.02 SUBMITTALS A. Product data: When requested, the elevator contractor will provide standard cab, entrance and signal fixture data to describe product for approval. B. Shop drawings: 1. Show equipment arrangement in the machine room/control space, pit and hoistway. Provide plans, elevations, sections and details of assembly, erection, anchorage, and equipment location. 10-3 ---PAGE BREAK--- 2. Indicate elevator system capacities, sizes, performances, safety features, finishes and other pertinent information. 3. Show floors served, travel distances, maximum loads imposed on the building structure at points of support, and all similar considerations of the elevator work. 4. Indicate electrical power requirements and branch circuit protection device recommendations. C. Powder Coat Paint selection: Submit manufacturer’s standard selection charts for exposed finishes and materials. D. Plastic laminate selection: Submit manufacturer’s standard selection charts for exposed finishes and materials. E. Metal Finishes: Upon request, standard metal samples provided. F. Operation and maintenance data. Include the following: 1. Owners Manual and Wiring Diagrams. 2. Parts list, with recommended parts inventory. 1.03 QUALITY ASSURANCE A. Manufacturer Qualifications: An approved manufacturer with minimum ten years experience in manufacturing, installing, and servicing elevators of the type required for the project. 1. Must be the manufacturer of the power unit, controller, signal fixtures, door operators cab, entrances, and all other major parts of the elevator operating equipment. a. The major parts of the elevator equipment shall be manufactured in the United States, and not be an assembled system. 2. The manufacturer shall have a documented, on-going quality assurance program. 3. ISO-9001:2000 Manufacturer Certified 4. ISO-14001:2004 Environmental Management System Certified B. Installer Qualifications: The manufacturer or an authorized agent of the manufacturer with not less than ten years of satisfactory experience installing elevators equal in character and performance to the project elevators. C. Regulatory Requirements: 1. ASME/ANSI A17.1 Safety Code for Elevators and Escalators, latest edition or as required by the local building code. 2. Building Code: National. 3. NFPA 70 National Electrical Code. 4. NFPA 80 Fire Doors and Windows. 5. Americans with Disabilities Act Accessibility Guidelines (ADAAG). 6. CAN/CSA C22.1 Canadian Electrical Code. 7. CAN/CSA B44 Safety Code for Elevators and Escalators. 8. ANSI/UL 10B, Fire Tests of Door Assemblies. D. Fire-rated Entrance Assemblies: Opening protective assemblies including frames, hardware, and operation shall comply with ASTM E2074, CAN4-S104 (ULC-S104), UL10(B), and NFPA 80. Provide entrance assembly units bearing Class B or 1 1/2 hour label by a Nationally Recognized Testing Laboratory (2 hour label in Canada). E. Inspection and testing: Elevator Installer shall obtain and pay for all required inspections, tests, permits and fees for elevator installation. 1. Arrange for inspections and make required tests. 2. Deliver to the Owner upon completion and acceptance of elevator work. 10-4 ---PAGE BREAK--- 1.04 DELIVERY, STORAGE AND HANDLING A. Manufacturer will deliver elevator materials, components and equipment and the contractor is responsible to provide secure and safe storage on job site. Should the storage area be off-site and the equipment not yet delivered, then the elevator contractor, upon notification from the General Contractor, will divert the elevator equipment to the storage area. If the equipment has already been delivered to the site, then the General Contractor shall transport the elevator equipment to the storage area. The cost of elevator equipment taken to storage by either party, storage, and redeliver to the job site shall not be at the expense of the elevator contractor. 1.05 PROJECT CONDITIONS A. Prohibited Use: Elevators shall not be used for temporary service or for any other purpose during the construction period before Substantial Completion and acceptance by the purchaser unless agreed upon by Elevator Contractor and General Contractor with signed temporary agreement. 1.06 WARRANTY A. Warranty: Submit elevator manufacturer's standard written warranty agreeing to repair, restore or replace defects in elevator work materials and workmanship not due to ordinary wear and tear or improper use or care for 12 months from date of Substantial Completion. 1.07 MAINTENANCE A. Furnish maintenance and call back service for a period of 12 months for each elevator from date of Substantial Completion during normal working hours, excluding callbacks. Service shall consist of periodic examination of the equipment, adjustment, lubrication, cleaning, supplies and parts to keep the elevators in proper operation. 1. Manufacturer shall have a service office and full time service personnel within a 100 mile radius of the project site. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Manufacturer: Elevator and Otis Elevator Company 2.02 MATERIALS, GENERAL A. Colors, patterns, and finishes: As selected by the Architect from manufacturer's standard colors, patterns, and finish charts. B. Steel: 1. Shapes and bars: Carbon. 2. Sheet: Cold-rolled steel sheet, commercial quality, Class 1, matte finish. 3. Finish: Factory-applied baked enamel. C. Plastic laminate: Decorative high-pressure type, complying with NEMA LD3, Type GP-50 General Purpose Grade, nominal 0.050" thickness. D. Flooring: One set of Protection pads, carpet flooring as selected from manufacturer’s standard. 2.03 HOISTWAY EQUIPMENT A. Platform: Fabricated frame of formed or structural steel shapes, gusseted and rigidly welded with a wood subfloor. Underside of the platform shall be fireproofed. The car platform shall be designed and fabricated to support one-piece loads weighing up to 25% of the rated capacity. 10-5 ---PAGE BREAK--- B. Sling: Steel stiles affixed to a steel crosshead and bolstered with bracing members to remove strain from the car enclosure. C. Guide Rails: Steel, omega shaped, fastened to the building structure with steel brackets. D. Guide Shoes: Slide guides shall be mounted on top and bottom of the car. E. Buffers: Provide substantial buffers in the elevator pit. Mount buffers on a steel template that is fastened to the pit floor or continuous channels fastened to the elevator guide rail or securely anchored to the pit floor. Provide extensions if required by project conditions. F. Jack: Jack units shall be of sufficient size to lift the gross load the height specified. Factory test jacks to insure adequate strength and freedom from leakage. Brittle material, such as gray cast iron, is prohibited in the jack construction. Provide the following jack type: Twin post holeless. Two jacks piped together, mounted one on each side of the car with a polished steel hydraulic plunger housed in a sealed steel casing having sufficient clearance space to allow for alignment during installation. Each plunger shall have a high pressure sealing system which will not allow for seal movement or displacement during the course of operation. Each Jack Assembly shall have a check valve built into the assembly to allow for automatically re-syncing the two plunger sections by moving the jack to its fully contracted position. The jack shall be designed to be mounted on the pit floor or in a recess in the pit floor. Each jack section shall have a bleeder valve to discharge any air trapped in the section. G. Automatic Self-Leveling: Provide each elevator car with a self-leveling feature to automatically bring the car to the landings and correct for overtravel or undertravel. Self-leveling shall, within its zone, be automatic and independent of the operating device. The car shall be maintained approximately level with the landing irrespective of its load. H. Wiring, Piping, and Oil: Provide all necessary hoistway wiring in accordance with the National Electrical Code. All necessary code compliant pipe and fittings shall be provided to connect the power unit to the jack unit. Provide proper grade oil as specified by the manufacturer of the power unit. 2.04 POWER UNIT A. Power Unit (Oil Pumping and Control Mechanism): A self-contained unit consisting of the following items: 1. Oil reservoir with tank cover. 2. An oil hydraulic pump. 3. An electric motor. 4. Oil control valve with the following components built into single housing; high pressure relief valve, check valve, automatic unloading up start valve, lowering and leveling valve, and electro-magnetic controlling solenoids. B. Pump: Positive displacement type pump specifically manufactured for oil-hydraulic elevator service. Pump shall be designed for steady discharge with minimum pulsation to give smooth and quiet operation. Output of pump shall not vary more than 10 percent between no load and full load on the elevator car. C. Motor: Standard manufacture motor specifically designed for oil-hydraulic elevator service. Duty rating shall be selected for specified speed and load. D. Control System: Shall be microprocessor based and protected from environmental extremes and excessive vibrations in a NEMA 1 enclosure. E. Oil Control Unit: The following components shall be built into a single housing. Welded manifolds with separate valves to accomplish each function are not acceptable. Adjustments shall be accessible and be made without removing the assembly from the oil line. 10-6 ---PAGE BREAK--- 1. Relief valve shall be externally adjustable and be capable of bypassing the total oil flow without increasing back pressure more than 10 percent above that required to barely open the valve. 2. Up start and stop valve shall be adjustable and designed to bypass oil flow during start and stop of motor pump assembly. Valve shall close slowly, gradually diverting oil to or from the jack unit, ensuring smooth up starts and up stops. 3. Check valve shall be designed to close quietly without permitting any perceptible reverse flow. 4. Lowering valve and leveling valve shall be adjustable for down start speed, lowering speed, leveling speed and stopping speed to ensure smooth "down" starts and stops. The leveling valve shall be designed to level the car to the floor in the direction the car is traveling after slowdown is initiated. F. Solid State Starting: Provide an electronic starter featuring adjustable starting currents. 2.05 HOISTWAY ENTRANCES A. Doors and Frames: Provide complete hollow metal type hoistway entrances at each hoistway opening bolted\knock down construction. 1. Manufacturer's standard entrance design consisting of hangers, doors, hanger supports, hanger covers, fascia plates, sight guards, and necessary hardware. 2. Main landing door & frame finish: ASTM A1008 steel panels, factory applied powder coat finish. 3. Typical door & frame finish: ASTM A 366 steel panels, factory applied powder coat enamel finish. B. Interlocks: Equip each hoistway entrance with an approved type interlock tested as required by code. Provide door restriction devices as required by code. C. Door Hanger and Tracks: Provide sheave type two point suspension hangers and tracks for each hoistway horizontal sliding door. 1. Sheaves: Polyurethane tires with ball bearings properly sealed to retain grease. 2. Hangers: Provide an adjustable device beneath the track to limit the up-thrust of the doors during operation. 3. Tracks: Drawn steel shapes, smooth surface and shaped to conform to the hanger sheaves. D. Hoistway Sills: Extruded metal, with groove(s) in top surface. Provide mill finish on aluminum. 2.06 CAR ENCLOSURE A. Car Enclosure: 1. Walls: Cab type TKAP, reinforced cold-rolled steel with two coats factory applied baked enamel finish, with applied vertical wood core panels covered on both sides with high pressure plastic laminate. a. Reveals and frieze: Powder Coated 2. Canopy: Cold-rolled steel with hinged exit. 3. Ceiling: Suspended ceiling of white translucent plastic diffusers mounted in a black frame. 4. Cab Fronts, Return, Transom, Soffit and Strike: Provide panels faced with brushed stainless steel. 5. Doors: Horizontal sliding car doors reinforced with steel for panel rigidity. Hang doors on sheave type hangers with polyurethane tires that roll on a polished steel track and are guided at the bottom by non-metallic sliding guides. a. Door Finish: ASTM A1008 steel panels, factory applied powder coat enamel finish. b. Cab Sills: Extruded aluminum, mill finish. 6. Handrail: Provide 1.5'' diameter cylindrical metal on side and rear walls on front opening cars and side walls only on front and rear opening cars. Handrails shall have a stainless steel, no. 4 brushed finish. 7. Ventilation: Two speed exhaust fan, mounted on the car top. 10-7 ---PAGE BREAK--- B. Car Top Inspection: Provide a car top inspection station with an “Auto-Inspection” switch, an "emergency stop" switch, and constant pressure "up and down" direction and safety buttons to make the normal operating devices inoperative. The station will give the inspector complete control of the elevator. The car top inspection station shall be mounted in the door operator assembly. 2.07 DOOR OPERATION A. Door Operation: Provide a direct current motor driven heavy duty operator designed to operate the car and hoistway doors simultaneously. Door movements shall be electrically cushioned at both limits of travel and the door operating mechanism shall be arranged for manual operation in event of power failure. Doors shall automatically open when the car arrives at the landing and automatically close after an adjustable time interval or when the car is dispatched to another landing. Closed-loop, microprocessor controlled motor-driven linear door operator, with adjustable torque limits, also acceptable. AC controlled units with oil checks or other deviations are not acceptable. 1. No Un-Necessary Door Operation: The car door shall open only if the car is stopping for a car or hall call, answering a car or hall call at the present position or selected as a dispatch car. 2. Door Open Time Saver: If a car is stopping in response to a car call assignment only (no coincident hall call), the current door hold open time is changed to a shorter field programmable time when the electronic door protection device is activated. 3. Double Door Operation: When a car stops at a landing with concurrent up and down hall calls, no car calls, and no other hall call assignments, the car door opens to answer the hall call in the direction of the car's current travel. If an onward car call is not registered before the door closes to within 6 inches of fully closed, the travel will reverse and the door will reopen to answer the other call. 4. Nudging Operation: The doors shall remain open as long as the electronic detector senses the presence of a passenger or object in the door opening. If door closing is prevented for a field programmable time, a buzzer will sound. When the obstruction is removed, the door will begin to close at reduced speed. If the infra-red door protection system detects a person or object while closing on nudging, the doors will stop and resume closing only after the obstruction has been removed. 5. Limited Door Reversal: If the doors are closing and the infra-red beam(s) is interrupted, the doors will reverse and reopen partially. After the obstruction is cleared, the doors will begin to close. 6. Door Open Watchdog: If the doors are opening, but do not fully open after a field adjustable time, the doors will recycle closed then attempt to open six times to try and correct the fault. 7. Door Close Watchdog: If the doors are closing, but do not fully close after a field adjustable time, the doors will recycle open then attempt to close six times to try and correct the fault. 8. Door Close Assist: When the doors have failed to fully close and are in the recycle mode, the door drive motor shall have increased torque applied to possibly overcome mechanical resistance or differential air pressure and allow the door to close. B. Door Protection Devices: Provide a door protection system using 150 or more microprocessor controlled infra-red light beams. The beams shall project across the car opening detecting the presence of a passenger or object. If door movement is obstructed, the doors shall immediately reopen. 2.08 CAR OPERATING STATION A. Car Operating Station, General: The main car control in each car shall contain the devices required for specific operation mounted in an integral swing return panel requiring no applied faceplate. Swing return shall have a brushed stainless steel finish. The main car operating panel shall be mounted in the return and comply with handicap requirements. Pushbuttons that illuminate using long lasting LED’s shall be included for each floor served, and emergency buttons and switches shall be provided per code. All polycarbonate pushbuttons shall be manufactured with Microban® antimicrobial protection. Switches for car light and accessories shall be provided. 10-8 ---PAGE BREAK--- B. Emergency Communications System: Integral phone system provided. C. Auxiliary Operating Panel: Not Required D. Column Mounted Car Riding Lantern: A car riding lantern shall be installed in the elevator cab and located in the entrance. The lantern, when illuminated, will indicate the intended direction of travel. The lantern will illuminate and a signal will sound when the car arrives at a floor where it will stop. The lantern shall remain illuminated until the door(s) begin to close. E. Special Equipment: Not Applicable 2.09 CONTROL SYSTEMS A. Controller: The elevator control system shall be microprocessor based and software oriented. Control of the elevator shall be automatic in operation by means of push buttons in the car numbered to correspond to floors served, for registering car stops, and by "up-down" push buttons at each intermediate landing and "call" push buttons at terminal landings. B. Controller: The elevator control system shall be microprocessor based and software oriented. Control of the elevator shall be automatic in operation by means of push buttons in the car numbered to correspond to floors served, for registering car stops, and by "up-down" push buttons at each intermediate landing and "call" push buttons at terminal landings. C. Automatic Light and Fan shut down: The control system shall evaluate the system activity and automatically turn off the cab lighting and ventilation fan during periods of inactivity. The settings shall be field programmable. 2.10 HALL STATIONS A. Hall Stations, General: Provide buttons with red-illuminating LED halos to indicate that a call has been registered at that floor for the indicated direction. Provide 1 set of pushbutton risers. Provide one pushbutton riser with faceplates having a brushed stainless steel finish. 1. Phase 1 firefighter’s service key switch, with instructions, shall be incorporated into the hall station at the designated level. 2. All polycarbonate pushbuttons be manufactured with Microban® antimicrobial protection. B. Floor Identification Pads: Provide door jamb pads at each floor. Jamb pads shall comply with Americans with Disabilities Act (ADA) requirements. C. Hall Position Indicator: An electronic dot matrix position indicator shall be provided and mounted for optimum viewing. As the car travels, its position in the hoistway shall be indicated by the illumination of the alphanumeric character corresponding to the landing which the elevator is stopped or passing. When hall lanterns are provided, the position indicator shall be combined with the hall lanterns in the same faceplate. Faceplates shall match hall stations. Provide at all typical landings. 2.11 MISCELLANEOUS ELEVATOR COMPONENTS A. Oil Hydraulic Silencer: Install an oil hydraulic silencer (muffler device) at the power unit location. The silencer shall contain pulsation absorbing material inserted in a blowout proof housing arranged for inspecting interior parts without removing unit from oil line. PART 3 EXECUTION 3.01 EXAMINATION 10-9 ---PAGE BREAK--- A. Before starting elevator installation, inspect hoistway, hoistway openings, pits and machine rooms/control space, as constructed and verify all critical dimensions, and examine supporting structures and all other conditions under which elevator work is to be installed. Do not proceed with elevator installation until unsatisfactory conditions have been corrected in a manner acceptable to the installer. B. Installation constitutes acceptance of existing conditions and responsibility for satisfactory performance. 3.02 INSTALLATION A. Install elevator system components and coordinate installation of hoistway wall construction. 1. Work shall be performed by competent elevator installation personnel in accordance with ASME A17.1, manufacturer's installation instructions and approved shop drawings. 2. Comply with the National Electrical Code for electrical work required during installation. B. Coordination: Coordinate elevator work with the work of other trades, for proper time and sequence to avoid construction delays. Use benchmarks, lines, and levels designated by the Contractor, to ensure dimensional coordination of the work. C. Alignment: Coordinate installation of hoistway entrances with installation of elevator guide rails for accurate alignment of entrances with cars. Where possible, delay final adjustment of sills and doors until car is operable in shaft. Reduce clearances to minimum safe, workable dimensions at each landing. D. Lubricate operating parts of system where recommended by manufacturer. 3.03 FIELD QUALITY CONTROL A. Acceptance testing: Upon completion of the elevator installation and before permitting use of elevator, perform acceptance tests as required by A17.1 Code and local authorities having jurisdiction. Perform other tests, if any, as required by governing regulations or agencies. B. Advise Owner, Contractor, Architect, and governing authorities in advance of dates and times tests are to be performed on the elevator. 3.04 ADJUSTING A. Make necessary adjustments of operating devices and equipment to ensure elevator operates smoothly and accurately. 3.05 CLEANING A. Before final acceptance, remove protection from finished surfaces and clean and polish surfaces in accordance with manufacturer's recommendations for type of material and finish provided. Stainless steel shall be cleaned with soap and water and dried with a non-abrasive surface; it shall not be cleaned with bleach-based cleansers. B. At completion of elevator work, remove tools, equipment, and surplus materials from site. Clean equipment rooms and hoistway. Remove trash and debris. 3.06 PROTECTION A. At time of Substantial Completion of elevator work, or portion thereof, provide suitable protective coverings, barriers, devices, signs, or other such methods or procedures to protect elevator work from damage or deterioration. Maintain protective measures throughout remainder of construction period. 10-10 ---PAGE BREAK--- 3.07 DEMONSTRATION A. Instruct Owner's personnel in proper use, operations, and daily maintenance of elevators. Review emergency provisions, including emergency access and procedures to be followed at time of failure in operation and other building emergencies. Train Owner's personnel in normal procedures to be followed in checking for sources of operational failures or malfunctions. B. Make a final check of each elevator operation, with Owner's personnel present, immediately before date of substantial completion. Determine that control systems and operating devices are functioning properly. 3.08 ELEVATOR SCHEDULE A. Elevator Qty. 1 1. Elevator Model: AMEE 35 2. Rated Capacity: 3500 lbs. 3. Rated Speed: 80 ft./min. 4. Operation System: TAC32 5. Travel: less than 10'-0'' Bidder must field verify 6. Landings: 2 total 7. Openings: a. Front: 1 b. Rear: 1 8. Clear Car Inside: 6' - wide x 5' - 5 1/2'' deep 9. Cab Height: nominal 10. Hoistway Entrance Size: 3' - wide x high 11. Door Type: Single Speed 12. Power Characteristics: 460 volts, 3 Phase, 60 Hz. 13. Seismic Requirements: Zone 1 14. Fixture & Button Style: Signa4 Signal Fixtures with Microban® antimicrobial protection. 15. Special Operations: None END OF SECTION 10-11 ---PAGE BREAK--- 20-0 DIVISION 20 GENERAL PROVISIONS STANDARD SPECIFICATIONS PAGE NO. 20.01 Scope 20-1 20.02 Definitions 20-1 20.03 Insurance and Liability 20-2 20.04 Dispute Resolution Cost and Expenses 20-3 20.05 Laws and Regulations 20-3 20.06 Permits 20-4 20.07 Estimates and Payments 20-4 20.08 Final Estimate and Payment 20-4 20.09 Last Payment to Terminate Liability of City 20-5 20.10 Site Investigation 20-5 20.11 Borings and Estimate of Quantities Not Warranted 20-5 20.12 Commencement of Work 20-6 20.13 Time and Order of Doing Work 20-6 20.14 No Damages for Delay 20-6 20.15 Competent Personnel to be Employed 20-6 20.16 Not to Sublet or Assign 20-6 20.17 Directions and Explanations, Corrections of Errors 20-7 20.18 Duty to Notify Engineer if Ambiguities Discovered 20-7 20.19 Early Negotiation 20-7 20.20 Superintendence by Contractor 20-8 20.21 Alterations 20-8 20.22 No City Employee to be Interested 20-8 20.23 Waiver 20-8 20.24 Access to Work 20-9 20.25 Engineer to Determine Amount and Quantity of Work, Inspection of Materials 20-9 20.26 Defective Work and Materials 20-9 20.27 Sanitary Regulations 20-9 20.28 No Intoxicating Drinks 20-10 20.29 Extra Work 20-10 20.30 Reduction of Work 20-10 20.31 No Time Extension 20-11 20.32 Employment of Labor 20-11 20.33 Conditions under Which Director May Complete Work 20-11 20.34 Payment for Materials 20-12 20.35 Guarantee 20-12 20.36 Work Day 20-12 ---PAGE BREAK--- 20-1 DIVISION 20 GENERAL PROVISIONS STANDARD SPECIFICATION 20.01 SCOPE: These Standard Specifications and Addenda, if any, are to govern construction of storm sewers, sanitary sewers, water lines, streets, sidewalks, parking lots, general construction and other related work, for the City of Lewiston, and they shall become part of any contract with the City for the construction of said work. Provisions of these Specifications shall be modified or changed only in writing. These Standard Specifications will be amended by Supplemental Specifications as necessary and by Contract Plans. The Supplemental Specifications and Contract Plans delineate the particular project to which the Contract Documents pertain. Should any discrepancy be found to exist between the Standard Specifications and the Supplemental Specifications and/or the Contract Plans, the Supplemental Specifications and/or Contract Plans shall govern. 20.02 DEFINITIONS: A. Contract Documents: Whenever the term Contract Documents, or a pronoun in its stead, is used, it shall mean and include, but not necessarily limited to, these items: The Notice to Contractors, the Proposal, the Contract, the Supplemental Specifications, the Standard Specifications, the Contract Plans, any other documents included with these Specifications and attached thereto, and any Addenda to the above issued prior to the date of this Contract. B. Contractor: Whenever the term Contractor, or a pronoun in its stead, is used, it shall mean the person or persons or co-partnership or corporation or other entity which has entered into this agreement or their legal representative. C. Owner: Whenever the term Owner, or a pronoun in its stead is used, it shall mean the City of Lewiston, acting through its designated officials and/or employees. D. City Engineer or Engineer: Whenever the term City Engineer, or a pronoun in its stead, is used, it shall mean the City Engineer of the City of Lewiston or his/her assistants or inspector acting under him/her or his/her duly authorized representatives acting for him/her, limited to the particular duties entrusted to them. E. Director of Public Works or Director: Whenever the term Director of Public Works, Director or a pronoun, in their stead is used, it shall mean the Director of Public Works of the City of Lewiston or his/her assistants or inspectors acting under him/her, limited to the particular duties entrusted to them. F. ASTM: Whenever the abbreviation ASTM is used, it shall mean the American Society for Testing Materials; and, unless otherwise stated, refer to the latest revision of the particular standard. ---PAGE BREAK--- 20-2 G. Specification: Whenever the term Specifications or a pronoun in its stead is used, it shall mean and include the Standard Specifications as herein set forth and any Supplemental Specifications included in the Contract Documents. H. Contract Plans: Whenever the term Contract Plans, or a pronoun in their stead, is used, it shall mean and include all drawings, graphic representations, diagrams and any notes or explanations thereon supplied to the Contractor before the date of this Contract. I. Lump Sum Bid Price: Whenever the term Lump Sum Bid Price, Lump Sum Bid, Lump Sum or a pronoun in their stead is used, it shall mean the amount of money mutually agreed to by the Contractor to furnish the labor, machinery, tools, apparatus and other means of construction and for doing all the work and furnishing all material called for by the Contract Documents except rock excavation and those items specifically stated as being considered extra work or for which unit prices have been established in the Contract and Proposal. J. Unit Bid Price: Whenever the term Unit Bid Price, Unit bid, Unit Price or a pronoun in their stead is used, it shall mean the amount of money mutually agreed to by the Contractor and the City as full payment to the Contractor for furnishing all necessary labor, materials and equipment (except that which is specifically excluded in the Supplemental and Standard Specifications and Contract Plans) necessary to do one unit of work, i.e., the unit price for one cubic yard of excavation multiplied by the actual number of cubic yards excavated, yields the total payment for the work done. 20.03 INSURANCE AND LIABILITY: The Contractor shall take all responsibility of the work and take all precautions for preventing injuries to persons and property in or about the work; shall bear all losses resulting to him/her on account of the amount or character of the work or because the nature of the land in or on which the work is done is different from what was estimated or expected or on account of the weather, elements or other cause; and he/she shall assume the defense of and indemnify and save harmless the City and its officers, agents and servants from all claims relating to labor and materials furnished for the work; to inventions, patents and patent rights used in doing the work; to injuries to any person or corporation received or sustained by or from the Contractor and his/her employees in doing the work, or in consequence of any improper materials, implements or labor used therein; and to any act, omission or neglect of the Contractor and his/her employees therein. The Contractor shall furnish proof of coverage with adequate insurance of the types and to the limits specified below naming the City of Lewiston as additional insured. Certificate of such insurance shall be filed with the Director of Budget/Purchasing for his/her approval before permission to commence work will be granted. INSURANCE REQUIREMENTS A. Claims: The City of Lewiston will not be held responsible for any damages or injuries arising out of any snow removal activity for the City. Any related claim will be referred to the Contractor. The ---PAGE BREAK--- 20-3 contractor may wish to make personal restoration within a reasonable amount of time at the property owner’s satisfaction or process a claim with their insurance carrier. B. Insurance: The Contractor shall furnish proof of coverage with adequate insurance of the types and to the limits specified below naming the City of Lewiston as additional insured. Certificate of such insurance shall be filed with the Director of Budget/Purchasing by November 15, 2008. C. Workers’ Compensation: Workers’ Compensation, coverage with Statutory Limits and Employers Liability for all employees with limits of $400,000 per incident; and in case any work is sublet, the Contractor shall require the sub-contractor similarly to provide coverage for the latter’s employees unless such employees are covered by the protection afforded the Contractor. D. Automotive Liability Insurance: Automotive Liability insurance with minimum limits of liability for bodily injury in the amount of $400,000 for each occurrence and minimum limits of liability for property damage in the amount of $50,000/$100,000 aggregate. E. General Liability Insurance: General Liability insurance with minimum limits of liability for bodily injury in the amount of five hundred thousand ($500,000) for each occurrence and minimum limits of liability for property damage in the amount of $50,000/$100,000 aggregate, or a combined single limit of five hundred thousand ($500,000) for each occurrence, including completed operations shall be required. F. Performance Bond and Labor and Material Payment Bond in the sum of the total amount of the Contractor’s proposal with a surety company satisfactory to the Owner will be required as surety for the faithful performance of the Contract by the successful bidder. The bonds will be required prior to execution of the Contract. 20.04 DISPUTE RESOLUTION COSTS AND EXPENSES: In the event of any dispute between or involving the City of Lewiston and Contractor, whether resolved by arbitration, litigation or some other mechanism of dispute resolution, in the event that the City shall be a prevailing party, Contractor shall reimburse the City for its attorney’s fee and costs reasonably incurred in connection with the resolution of the dispute. 20.05 LAWS AND REGULATIONS: The Contractor shall keep himself/herself informed of all existing and future State and Federal laws and Municipal ordinances and regulations which in any way affect those engaged or employed in the work, or the materials used in the work; or in any way affect the conduct of the work and of all orders and decrees of bodies of tribunals having any jurisdiction is discovered in the Plans or Specifications or Contract for this work in relation to any such law, ordinance, regulation, order or decree, he/she shall forthwith report the same to the Director in writing. He/she shall at all times himself/herself observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees; and shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violation of any ---PAGE BREAK--- 20-4 such law, ordinance, regulation, order or decree, whether by himself/herself or his/her employees. 20.06 PERMITS: The Contractor shall, at his/her own expense, obtain all necessary permits from the County, Municipal or other public authorities, shall give all notices required by law or ordinances; and shall post all bonds and pay fees and charges incident to the due and lawful prosecution of the work covered by this Contract. 20.07 ESTIMATES AND PAYMENTS: The Engineer will, each month, make an approximate estimate of the amount of work done since the last preceding estimate and of the value thereof, and upon such estimate being made, the City will pay to the Contractor ninety (90%) per cent of the estimate; provided, however, that no such estimate or payment shall be required to be made when, in the judgment of the Engineer, the total value of the work done since the last estimate or payment amounts to less than three hundred ($300.00) dollars. Payment may at any time be withheld if the work is not proceeding in accordance with the provisions of this Contract. The Engineer 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 Works hereby reserved, to reject the whole or any portion of the aforesaid work should the said certificate or certificates be found or known to be inconsistent with the terms of this Agreement or otherwise improperly given. ---PAGE BREAK--- 20-5 20.9 LAST PAYMENT TO TERMINATE LIABILITY OF CITY: No person or corporation other than the signer of this Contract as Contractor now has any interest hereunder, and no claim shall be made or be valid; and neither the City, nor its Mayor, nor any member or agent thereof, shall be liable for, or be held to pay any money, except as provided for in Sections 20.07, 20.08, 20.16, and 20.33 of the Standard Specifications and in the Contract. The Acceptance by the Contractor of the last payment aforesaid shall operate as and shall be a release to the City, its Mayor, and every member or agent thereof, from all claim or liability to the Contractor for anything done or furnished for, or relating to the work, or for any act or neglect of the City, or of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be of the amount kept or retained as provided for in Section 20.07. 20.10 SITE INVESTIGATION: The Contractor shall examine the Plans, Specifications and site of the work and from his/her own investigation, determine the nature and location of the work, the general and local conditions, particularly those bearing on access, transportation, quality and quantity of surface and sub- surface materials to be encountered, and all other aspects of the work, machinery and services required to complete the project as required by the Contract Documents. The City will not be responsible for any understanding or representation made by any City employee during or prior to negotiation and execution of the Contract, unless such understanding or representation shall be in writing and become a part of the Contract Documents. 20.11 BORINGS AND ESTIMATE OF QUANTITIES NOT WARRANTED: It is expressly understood and mutually agreed to by the parties hereto that the quantities of the various classes of work to be done and materials to be furnished under this Contract have been estimated and are approximate and only for the purpose of comparing on a uniform basis the bids offered for the work. It is also understood that the Contractor has made his/her proposal from his/her own examinations and estimates and shall not hold the City, its agents or employees responsible for or bound by any schedule, estimate, sounding, boring or any plan thereof as being even approximately correct; and should the Contractor encounter quicksand or other difficulties, he/she shall have no claim on that account; and he/she shall, if any error in any plan, drawing, specification or direction relating to anything to be done under this Contract comes to his/her knowledge, report it at once to the Engineer. The Contractor further agrees that neither the City of Lewiston, nor the Director of Public Works, the Engineer, nor either of them separately or together are to be held responsible that any of the quantities be found even approximately correct in the construction of the work, and that the Contractor will make no claim for anticipated profits or for loss of profit because of a difference between the quantities of the various classes of work actually done, or of the materials actually delivered, and any estimated quantities stated in the bids. The Contractor hereby agrees that he/she will complete the entire work to the satisfaction of the Engineer and in accordance with the Specifications and Plans herein mentioned and at the prices agreed upon and fixed therefore. ---PAGE BREAK--- 20-6 20.12 COMMENCEMENT OF WORK: The Contractor agrees to commence the work required in the Contract Documents within ten (10) days after the signing of the Contract and deliverance of the Bond, unless otherwise specified in the Supplemental Specifications or directed by the Director of Public 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 Works; nor shall any work be done at night unless authorized in writing by the Director. The Contractor shall make his/her work week conform to that of the Public Works Department. When permission is granted to perform work during times other than this work week, the Contractor shall reimburse the City for any costs for inspection during these periods. 20.14 NO DAMAGES FOR DELAY: The Director may delay the beginning of the work or any part thereof if the City shall not have obtained possession of the land in or upon which the same is to be performed or if for any other reason it becomes necessary to do so. The Contractor shall have no claim for damages on account of such delay, but shall be entitled to so much additional time wherein to perform and complete this Contract on his/her part as the Director shall certify in writing to be just. Whenever any part of the work covered by this Agreement is done in part by or connects with the work so as to accommodate the work of the other contractors and to cooperate with such contractors in mutual agreements as to all such work, and no contractor shall have a claim against the City growing out of the negligence or delay of any other contractor or contractors; but each contractor shall be liable to every other contractor for any such delay or negligence. 20.15 COMPETENT PERSONNEL TO BE EMPLOYED: The Contractor shall employ only competent personnel to do the work; and whenever the Director shall notify the Contractor, in writing, that any person on the work is, in his/her opinion, incompetent, unfaithful, disorderly or otherwise unsatisfactory, such person shall be discharged from the work and shall not again be employed on it except with the consent of the Director. 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 ---PAGE BREAK--- 20-7 attorney or otherwise, nor sublet the work or any part thereof, without the previous written consent of the Director; and shall not, either legally or equitably, assign any of the money payable under this Agreement or his/her claim thereto, unless by and with the like consent of the Director. 20.17 DIRECTIONS AND EXPLANATIONS, CORRECTIONS OF ERRORS: The Plans and Specifications are understood to be explanatory of each other, but should any discrepancy appear or any misunderstanding arise as to the import of anything contained in either of them, the parties hereto further agree that the explanation and decision of the Engineer shall be final and binding on the Contractor; and all directions or explanations required or necessary to complete any of the provisions of this Contract and these Specifications and give them due effect shall be given by the Engineer. Correction of any error in the Plans or Specifications may be made by the Engineer, when such correction is necessary for the proper fulfillment of the intention of such Plans or Specifications, the effect of such correction to date from the time that the Engineer gives due notice in writing to the Contractor. 20.18 DUTY TO NOTIFY ENGINEER IF AMBIGUITIES DISCOVERED: The Contractor shall not take advantage of any ambiguity, error, omission, conflict, or discrepancy (“ambiguity, etc.”) contained in the Plans and Specifications that may significantly affect the cost, quality, conformity, or timeliness of the work. If the Contractor discovers any such ambiguity, etc., for which the Contractor may seek adjustments to compensation, time, or other Contract requirements, the Contractor shall provide a written notice stating the nature of the ambiguity, etc. within forty eight (48) hours of discovering or being notified of the ambiguity and before performing any work related to the ambiguity, etc., as provided in Section 20.19 – Early Negotiation. Failure to provide such written notice in compliance with the Contract shall constitute a waiver of all claims related to the ambiguity, etc. 20.19 EARLY NEGOTIATION: A. Notice Required: When the Contractor becomes aware of facts or circumstances that may cause the Contractor to seek additional compensation, time, or any other change in the requirements of the Plans and Specifications (“Issue”), then the Contractor shall notify the Engineer in writing within forty eight (48) hours of identification of the issue and at least 48 hours before commencing any part of the Work relating to the Issue. The notice must describe the basic nature and extent of the Issue. Such notice may be verbal only if confirmed in writing in one of the two following ways: if a Progress Meeting is held within fourteen (14) days of the date that the Issue became known, such Notice may be confirmed with an entry in the Progress Meeting minutes. Such entry must describe the basic nature and extent of the Issue. Otherwise, the Contractor shall confirm a verbal notice by delivering to the Engineer, within fourteen (14) days of the date the Issue arose, a Written Notice that describes the basic nature and extent of the Issue. 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. ---PAGE BREAK--- 20-8 B. Negotiation: When the Engineer receives the Notice of an Issue for Consideration conforming to Section 20.19 A. Notice Required, the Engineer and the Contractor will negotiate in good faith to attempt to resolve the Issue. Any resolution will be noted in the Progress Meeting minutes or confirmed otherwise in writing by the Engineer. Any changes to the Plans and Specifications that affect compensation, time, quality, or other requirements of the Plans and Specifications shall be by written Change Order. 20.20 SUPERINTENDENCE BY CONTRACTOR: At the site of the work, the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he/she ceases to be on the Contractor's payroll. All directions given to such representative in the Contractor's absence shall be as binding as if given to the Contractor. 20.21 ALTERATIONS: It is further agreed that the Engineer may make alterations in the line, grade, form, position, dimension or material of the work herein contemplated, or any part thereof, either before or after the commencement of the work; and that the Director may at any time, order an alterations increase in the amount of work. Such increase shall be paid for according to the quantity actually done as extra work as provided for in Section 20.29. If such alterations diminish the quantity of work to be done, they shall not constitute a claim by the Contractor for damages or for anticipated profits on the work dispensed with and payment will be reduced in an amount determined as provided for in Section 20.30. 20.22 NO CITY EMPLOYEE TO BE INTERESTED: It is further agreed that this Contract shall be utterly void as to the City if any person employed in any capacity by the City of Lewiston is either directly or indirectly interested therein, except as provided by the City Charter. 20.23 WAIVER: No order by the Inspector or the Engineer or any of his/her employees, nor any order, measurement or certificate by the Engineer, nor any order by him/her for the payment of money, nor any payment for, or acceptance of, the whole or any part of the work by the Director, nor any extension of time, nor any possession taken by the Director or his/her employees, shall operate as a waiver of any provision of this Contract, or of any power herein reserved by the Director, or of any right to damages herein provided; nor shall any waiver of any breach of this Contract be held to be a waiver of any other or subsequent breach. Any 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. ---PAGE BREAK--- 20-9 20.24 ACCESS TO WORK: The Engineer and Director, their assistants and inspectors may, for any purpose, enter upon the work and premises used by the Contractor, and the Contractor shall provide safe and proper facilities therefore. Other City contractors may also, for all the purposes which may be required by their contracts, enter upon the work and premises used by the Contractor. Any difference or conflicts which may arise between the Contractor and other contractors of the City in regard to their work shall be adjusted and determined by the Director. 20.25 ENGINEER TO DETERMINE AMOUNT AND QUANTITY OF WORK, INSPECTION OF MATERIALS: To prevent all disputes and litigations, it is hereby agreed by and between the parties to this Contract that the Engineer shall in all cases determine the amount and quality of the various classes of work which are to be paid for under this Contract; and that the Engineer by himself/herself, or his/her representatives acting under him/her, shall inspect all the materials to be furnished and all work to be done under this Contract to see that the same corresponds to the Specifications herein set forth. The Contractor further agrees that he/she will furnish the Engineer with such information and vouchers relating to the work, the materials therefore, and the persons employed thereon, as he/she shall from time to time request, and will give to the Engineer or his/her representatives all necessary labor, tools and facilities for inspecting the material to be furnished and the work to be done under this Contract. The Engineer has the authority to stop the work whenever such a stoppage may be necessary to insure proper execution of this Contract. He/she also has the authority to reject all work and materials which do not conform to the Specifications or Plans, to direct application of forces to any portion of the work and to order the force increased or diminished as in his/her judgment is required. 20.26 DEFECTIVE WORK AND MATERIALS: The inspection of the work shall not relieve the Contractor of any of his/her obligations to fulfill this Contract as herein prescribed and defective work shall be made good and unsuitable materials may be rejected, notwithstanding that such work and materials have been previously overlooked by the Engineer and accepted or estimated for payment. If the work or any part thereof shall be found defective at any time before the final acceptance of the whole work, the Contractor shall forthwith make good such defect, in a manner satisfactory to the Engineer, and if any materials brought upon the ground for use in the work, or selected for the same, shall be condemned by the Engineer as unsuitable or not in conformity with the Specifications, the Contractor shall forthwith remove such materials from the vicinity of the work. Nothing in this Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil; but such materials shall, upon being so attached or affixed, become the property of the City. 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 ---PAGE BREAK--- 20-10 and maintained by the Contractor in such a manner and their use shall be strictly enforced. The building or shanties or other structures for housing and personnel will be permitted only at such places as the Director shall approve and the sanitary conditions in or about such shanties or other structures must at all times be maintained in a manner satisfactory to the Director. 20.28 NO INTOXICATING DRINKS: The Contractor shall neither permit or suffer the introduction or use of intoxicating substances upon or about the works embraced in this Contract or upon any grounds occupied by him/her. 20.29 EXTRA WORK: The City of Lewiston reserves the right to add portions of the work required under this Contract, using the unit prices established in the proposal. The City will determine if all work outlined in the plans or portions thereof shall be built under this Contract prior to the Contact signing. The term Extra Work as used herein refers to and includes work required by the City which, in the judgment of the Director, involves changes in or additions to that are required by the Plans and Specifications; provided, however, such changes or additions do not result from the fault of the Contractor. The Contractor shall do any extra work when and as ordered in writing by the Director or his/her agents specially authorized thereto in writing, and shall, when requested by the Director so to do, furnish itemized statements of cost of the extra work ordered and give the Director access to the accounts, bills and vouchers relating thereto. If the Contractor claims compensation for extra work not ordered as aforesaid, or for any damage sustained, he/she shall, within one week after the beginning of any such work or of the sustaining of any such damage, make a written statement to the Director of the nature of the work performed or damage sustained and shall, on or before the fifteenth (15th) day of the month succeeding that in which any such extra work shall have been done or any such damage sustained, file with the Director an itemized statement of the details and amount of such work or damage; and unless such statements shall be made as so required, his/her claim for compensation shall be forfeited and invalid and he/she shall not be entitled to payment on account of such work or damage. The determination of the Engineer and Director shall be final upon all questions of the amount and value of extra work. If a unit price does not exist, payment for extra work will be actual cost plus fifteen (15%) per cent. No allowance will be made for overhead costs. 20.30 REDUCTION OF WORK: The City of Lewiston reserves the right to delete portions of the work required under this Contract, using the unit prices established in the Proposal. The City will determine if all work 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 ---PAGE BREAK--- 20-11 Engineer. Their estimate will be final and binding. These reductions shall not constitute a claim by the Contractor for damage or for anticipated profit on the work dispensed with. 20.31 NO TIME EXTENSION: The Contractor further agrees that the time of completion of the whole work is the essence of the Contract; and that he/she will make every effort to complete the work within the time limit specified in the Supplemental Specifications. In the event the Contractor fails to complete the whole work in the time specified, there shall be deducted from monies due the Contractor, not as a penalty, but as inspection costs, the sum of two hundred ($200.00) dollars for each working day, over and beyond the time limit specified which is required by the Contractor to complete the whole work to the satisfaction of the Engineer and the Director. No extension of the time limit will be considered except in the case of an extremely unusual circumstance beyond the control of the Contractor. Any time extension will be authorized only in writing by the Engineer and Director; in which case the inspection cost charges will begin on the first working day after the extended time limit. 20.32 EMPLOYMENT OF LABOR: The Contractor agrees that in the employment of labor, preference will be given, all things being equal, to citizens of Lewiston, the State of Maine and the United States in their respective order as above noted. 20.33 CONDITIONS UNDER WHICH DIRECTOR MAY COMPLETE WORK: The Contractor hereby agrees that if the work to be done under this Contract shall be abandoned or if this Contract or any part thereof shall be sublet without the previous written consent of the Director, or if the Contract or any claim thereunder shall be assigned by the Contractor otherwise than as herein specified, or at any time the Director shall be of the opinion that the work is unnecessarily or unreasonably delayed, or that the Contractor is willfully violating any of the conditions or agreements of this Contract, or is not executing the Contract in good faith, or is not making such progress in the execution of the work as to indicate its completion within the required time, the Director shall have the power and right to notify the Contractor to discontinue all work or any part thereof under this Contract. Thereupon the Contractor shall discontinue the work or any such parts thereof as the Director shall have the power, by contract with or without advertising, day labor or otherwise as he/she may determine, to employ such labor and obtain such tools and appliances as he/she may deem necessary to work at and be used to complete the work herein described or such parts thereof as the Director may deem necessary, and to use such tools and materials of every description as may be found upon the line of work, and to procure other materials for the completion of the same, and to charge the expense of said labor, tools and materials to the Contractor; and the expense so charged shall be deducted and paid by the City out of such monies as may be due or may become due the Contractor under this Contract or any part 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. ---PAGE BREAK--- 20-12 20.34 PAYMENT FOR MATERIALS: Payments will be made in accordance with the price stated in the Contract. The Contractor may include requests for payment of material delivered to the job site when such requests are accompanied by invoices substantiating the requests for material payment satisfactory to the City. 20.35 GUARANTEE: The Contractor guarantees that the work to be done under this Contract will be done in a good and workmanlike manner and all materials, whether furnished by him/her or the City used in the construction of the work, will be free from defects and flaws and in conformity with the Plans and Specifications in all respects. This guarantee will be for a period of one year after the date of acceptance of the whole work by the City of Lewiston. The Contractor shall at all times, until the final acceptance of the whole work, keep the surface of the streets in the position and condition required by these Plans and Specifications. If at any time within the period of the guaranty, any other part of the work constructed under the terms of this Contract shall in the opinion of the Director of Public Works require repairing, the Director shall notify the Contractor in writing to make the required repairs. If the Contractor shall neglect to make such repairs to the satisfaction of the Director within the time limit as set forth in the notice in writing to the Contractor of the required repairs, then the Director of Public Works may make the necessary repairs, by contract or otherwise, and the City shall have a claim against the Contractor in the amount of the expense incurred by the City in making such repairs. It is hereby, however, specifically agreed and understood that this guaranty shall not include any repairs made necessary by any cause or causes other than defective work or materials. 20.36 WORK DAY: A work day shall be any day, other than a State of Maine legal holiday, Saturday or Sunday, on which weather and working conditions permit the Contractor to make effective use of not less than seventy-five (75%) per cent of the hours during the regular work day. In the event the Contractor is granted permission to engage in work on a legal holiday or Sunday, such a day will be considered and counted as a work day. End of Section