1.Contract Documents
1.1 Copies of the plans, specification documents and contract documents
may be obtained at the office of the Purchasing Agent.
1.2 Bidders are required to examine the same, and satisfy themselves
that all requirements are fully understood.
2. Project Manager
2.1 The definition of "Project Manager" as used in this Specification
Document shall mean the Building Commission Officer or by or
through that person's duly authorized assistant:
3. Site Visitation
3.1 Bidders shall inform themselves of the conditions under which the
work is to be performed, concerning the site of work, the
structures, obstacles which may be encountered and all other
relevant matters concerning the work to be performed.
3.2 The contractor will not be allowed any extra compensation by reason
of any matter or thing concerning which he might fully have informed
himself prior to bidding.
3.3 A site inspection may be arranged by contacting
4. Escalator Clause
4.1 An escalator clause or any qualification of price conditions which
makes it possible to bill at a price higher than price quoted will
disqualify the bid, unless such maximum billing price or percentage
of increase is definitely shown on the Proposal, in which case such
higher price will be used for comparison of bids.
5. Contract, Bonds And Insurance
5.1 Within fourteen (14) calendar days after the award of bid, the
successful bidder must execute a written contract between the bidder
and the Building Commission, which contract will incorporate the
Commission's specification documents, and be on contract forms
provided by the Building Commission.
5.2 Also within such period, the successful bidder must furnish
construction bonds, in a sum not less than the contract price
executed by the bidder and by a corporate surety company authorized
to transact business in the State of Nebraska. See sample bonds and
commentary, attached.
5.3 Also, within such period, the successful bidder must furnish
evidence of insurance in accordance with the attached "Insurance
Clause to be Used for All Building Commission Contracts".
6. Payment To Unemployment Compensation Fund
6.1 The contractor and his subcontractors must pay to the Unemployment
Compensation Fund of the State of Nebraska, unemployment
contributions and interest due under the provisions of Section
48-601 through 48-669, Nebraska Reissue revised Statutes for 1943,
on wages paid to individuals employed in the performance of the
contract.
7. Health And Safety Regulations
7.1 The contractor and his subcontractors shall in all respects comply
with the terms and provisions of Sections 48-425 through 48-435,
Nebraska Reissue Revised statutes of 1943, generally pertaining but
not limited to scaffolding and flooring, and shall perform fully on
behalf of the Building Commission such requirements as said sections
may impose upon the Building Commission.
7.2 The Contractor and his subcontractors shall likewise comply and
perform with respect to any and all other applicable health and
safety regulations.
8. Delays
8.1 With written permission of the Project Manager, the completion date
may be extended if unsuitable weather or any force majeure should
halt progress during the construction period.
9. Clean up
9.1 The Contractor shall be responsible for keeping the premises free of
waste materials or rubbish resulting from his operations or the
operations of his subcontractors.
9.2 The Contractor shall remove equipment, scaffolding and surplus
materials from the premises when the need for keeping them on the
job not longer exists.
10. Inspections
10.1 Inspections in general will be conducted by Project Manager.
10.2 The contractor shall be responsible for contacting City Building
and Safety Department for inspections required by City Codes for
this type of public improvement.
11. Access And Parking
11.1 The Contractor shall park all vehicles in an area as designated by
the Project Manager during construction.
11.2 Access to the construction site shall be gained as directed by the
Project Manager.
12. Permits, Fees And Notices
12.1 Contractors shall secure all permits, licenses and certificates of
inspections and occupancy that may be required by the City of
Lincoln.
12.2 Contractor will be required to pay for said permits, licenses and
certificates for this project:
[X] YES. [] NO.
13. Errors And Omissions
13.1 If any errors or omissions are found in the drawings or
specifications or other documents during construction, the
Contractor shall notify the Project Manager of such error or
omission, and request clarification before proceeding with the work.
14. Temporary Utilities
14.1 The contractor shall be responsible for securing and setting up all
needed temporary utilities.
15. Pre-construction Conferences
15.1 Prior to starting any work, the contractor shall meet with the
Project Manager for clarification of construction procedures and
work to be accomplished.
15.2 At this time the contractor shall present his planned work schedule
together with estimated completion date.
16. Progress Schedule
16.1 The Contractor, immediately after being awarded the contract, shall
prepare and submit for the Project Manager's approval an estimated
progress schedule for the work.
16.2 The progress schedule shall be related to the entire project to the
extent required by the Contract Documents.
16.3 This schedule shall indicate the dates for the starting and
completion of the various states of construction and shall be
revised as required by the conditions of the work, subject to the
Project Manager's approval.
17. Guarantee
17.1 As a minimum requirement of the Building Commission, the contractor
shall guarantee all materials and workmanship for a period of one
(1) year following completion of the project.
18. Notice To Proceed
18.1 The Contractor shall not begin construction until receiving written
"Notice to Proceed" from the Project Manager.
19. Purchasing Agent Appointment And Exempt Sale Certificate
19.1 The Contractor performing work for Lincoln-Lancaster County Public
Building Commission will be issued a Purchasing Agent Appointment
and Exempt Sale Certificate signed by the Purchasing Agent.
19.2 It is to be used by the Contractor and his Subcontractors when
purchasing tangible personal property to be actually incorporated
into the contract work.
19.3 It does not apply to either:
1. The purchase of materials to be used but not incorporated into
the contract work, including but limited to, form lumber,
scaffolding, etc., or
2. The purchase or rental of machinery, equipment or tools owned
or leased by the Contractor or his subcontractors and used in
performing the contract.
19.4 The contractor may reproduce copies of the original of the aforesaid
document to furnish to his or his subcontractor's suppliers on each
invoice or order.
19.5 The Contractor (or Subcontractor for the subcontractor's suppliers)
shall enter the supplier's name and address, the date, the invoice
or order number, a description of the items, and the amount in the
spaces provided and shall sign the certificate on the line provided
for the "Purchaser's Agent".
20. Liquidated Damages
20.1 If the Contractor fails to complete the Contract prior to the
completion date, considering approved extensions of time,
liquidated damages will be charged for each working day that the
work remains incomplete.
20.2 Working days shall be considered any day except Saturday, Sunday,
or Building Commission authorized holidays, which the contractor is
not prevented by weather, soil conditions, or other conditions
beyond the contractor's control, as determined by the Project
Manager, from proceeding with work to complete the contracted
project.
20.3 The amount of liquidated damages will be deducted from the money
due the Contractor prior to final payment or in the case where the
remaining amount due the Contractor is less than the total amount
of liquidated damages, the Building Commission shall have the right
to recover the difference from the Contractor or his Surety.
20.4 Unless specifically amended or modified by the special provisions,
the schedule below shall establish the daily amount of the
liquidated damages:
Bid Amount:
UP TO AND LIQUIDATED DAMAGES
MORE THAN INCLUDING PER WORK DAY
$ 0 $ 100,000 $ 100
100,000 500,000 200
500,000 1,000,000 300
1,000,000 AND UP 400
20.5 The amounts set forth in the above schedule are not to be considered
punitive, but rather predetermined and reasonable amounts to
compensate for the detriment to the public and to defray expenses
incurred by the Building Commission due to the delay in the
completion of the project.
21. Asbestos
21.1 No materials whatsoever shall be utilized in the construction,
reconstruction or remodeling which may contain asbestos as defined
under Nebraska Asbestos Control Act, Article 71, Section 71-6301
through 71-6317 of the Revised State of Nebraska Code.
21.2 The removal of any asbestos containing material shall be in strict
compliance with the said Nebraska Asbestos Control Act and
appropriate Occupation Safety and Health Administration (OSHA)
Regulations including but not limited to 29CFR, 1910-1200, 1926-58
and 1910-1001 and the Environmental Protection Agency, (EPA) NESHAPS
Standard for Asbestos 40CFR 61 Subpart A and M covering emission
standards, 42 USCA 7401-7642 - CLEAN AIR ACT, 40 CFR Part 763
Subpart G-Asbestos Abatement Projects, 40 CFR Part 763.120 Subpart
G-Worker Protection Rule and such other local, state or federal
applicable rules or regulations.
22. Laws
22.1 The Laws of the State of Nebraska shall govern the rights,
obligations, and remedies of the Parties under this proposal and
any agreement reached as a result of this process.
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