DLNR General Conditions-DLNR Gen Con.pdf

PDF 6 MB Posted

Attached to
Mala Boat Ramp Site Improvements
Solicitation number
B26002460
Issued by
Maui County, Hawaii

About this file

This document is a General Conditions template for the Department of Land and Natural Resources (DLNR) in Hawaii, establishing the standard contractual terms and procedures governing construction and service contracts for state projects. The General Conditions encompass eight primary sections covering definitions, proposal requirements, contract award and execution, scope of work, work control, materials and equipment management, prosecution and progress, and measurement and payment protocols. The document provides a comprehensive framework applicable to the Mala Boat Ramp Site Improvements project in Lahaina, Maui, which involves demolition of existing structures, site grading, installation of asphalt and concrete pavement, reconstruction of boat washdown facilities with drain fields, site lighting installation, and renovation of the comfort station building including roofing, interior painting, and restroom fixture replacement. The General Conditions require bidders to submit formal proposals with bid security, establish performance and payment bond requirements, and outline the process for contract award, execution, and performance.

The General Conditions establish standard payment terms based on measurement and compensation for completed work, with provisions for progress payments and final settlement upon project acceptance. Bidders are required to comply with prevailing wage requirements, maintain detailed payroll records, and observe all applicable federal and state laws. The document includes mandatory performance and payment bond requirements with specific forms provided in the appendix. Key contractual provisions address contractor responsibility for work quality, material sourcing and substitution procedures, inspection rights, value engineering opportunities, and the state's right to audit records and terminate contracts for convenience. The framework incorporates provisions for handling asbestos-containing materials, managing non-conforming materials, resolving disputes and claims, and establishing procedures for contract suspension, corrective action, and final project acceptance and closure.

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COVER PAGE

TITLE PAGE
TABLE OF CONTENTS
SECTION 1-- DEFINITIONS
SECTION 2-- PROPOSAL REQUIREMENTS AND CONDITIONS
Qualification of Bidders
Interpretation of Quantities in Bid Schedule
Contents of Proposal Form
Bidders Responsibility for Examination of Plans, Specifications, Site of Work, Etc
Addenda and Interpretations
Preparation of Proposal
Bid Security
Delivery of Proposals
Withdrawal or Revision of Proposals
Public Opening of Proposals
Disqualification of Bidders
SECTION 3-- AWARD AND EXECUTION OF CONTRACT
Consideration of Proposals
Irregular Proposal
Award of Contract
Cancellation of Award
Return of Bid Security
Requirement of Performance and Payment Bonds
Execution of the Contract
Failure to Execute the Contract
Notice to Proceed
SECTION 4-- SCOPE OF WORK
Intent of Contract
Changes and Claims for Adjustment
SECTION 5-- CONTROL OF WORK
Authority of the Engineer
Shop Drawings and Other Submittals
Coordination of Contract Documents
Interpretation of Plans and Specifications
Cooperation Between the Contractor and the Department
Inspection
Removal of Defective and Unauthorized Work
Value Engineering Incentive
SECTION 6-- CONTROL OF MATERIALS AND EQUIPMENT
Materials and Equipment
Source of Supply and Quality of Materials
Substitution of Materials and Equipment
Asbestos Containing Materials
Test Samples
Material Samples
Non-Conforming Materials
Handling Materials
Storage of Materials
Property Rights in Materials
Assignment of Antitrust Claims for Overcharges for Goods and Materials Purchased
SECTION 7-- PROSECUTION AND PROGRESS
Prosecution of the Work
Commencement Requirements
Normal Working Hours
Hours of Labor
Prevailing Wages
Failure to Pay Required Wages
Payrolls and Payroll Records
Overtime and Night Work
Overtime and Night Time Payment for State Inspection Service
Limitations of Operations
Assignment or Change of Name
Laws to be Observed
Patented Devices, Materials and Processes
Sanitary, Health and Safety Provisions
Preservation and Restoration Of Property, Trees, Monuments, Etc
Responsibility for Damage Claims
Character of Workers or Equipment
Contract Time
Statement of Working Days
Suspension of Work
Disputes and Claims
Failure to Complete the Work on Time
Termination of Contract
Correcting Defects
Final Cleaning Up
Final Inspection
Project Acceptance Date
Final Settlement Of Contract
Contractor's Responsibility for Work
Personal Liability of Public Officials
Guarantee Of Work
Closing Contracts
Termination for Convenience of the State
Service Charge for Permanent Utility Connection
Right to Audit Records
SECTION 8--MEASUREMENT AND PAYMENT
Measurement of Quantities
No Waiver of Legal Rights
Payment and Compensation for Altered Quantities
Payment for Additional Work
Progress and/or Partial Payments
Deduction from Payment
Final Payment
Prompt Payment
APPENDIX
Estimate for Change Order
Name of Corporation Form
Contract Form
Surety Bid Bond Form
Surety Performance Bond Form
Performance Bond Form
Surety Labor and Material Payment Bond Form
Labor and Material Payment Form
Contractor Acknowledgement Form
Surety Acknowledgement Form
Certification of Recycled Content

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