DLNR General Conditions-DLNR Gen Con.pdf

PDF 6 MB Posted

Attached to
Kikiaola Small Boat Harbor Sand Bypassing
Solicitation number
B26002714
Issued by
Kauai County, Hawaii

About this file

This is a General Conditions document for the Department of Land and Natural Resources (DLNR) in Hawaii, establishing the standard contractual framework and requirements for the Kikiaola Small Boat Harbor Sand Bypassing project located in Kekaha, Kauai, Hawaii. The project requires the contractor to furnish all materials, tools, equipment, labor, and incidental work necessary to excavate the East Beach and Basin borrow areas, place beach fill, and implement best management practices and water quality monitoring. The document outlines comprehensive sections covering proposal requirements, award and execution procedures, scope of work, control of work and materials, prosecution and progress of work, measurement and payment methodologies, and various contractual conditions. Key contractual provisions include qualification requirements for bidders, bid security requirements, public opening of proposals, performance and payment bonds, prevailing wage requirements, contract time specifications based on working days, suspension and termination provisions, and final inspection and acceptance procedures.

The General Conditions establish the operational and administrative framework governing the contractor's performance, including authority of the engineer, coordination of contract documents, material sourcing and quality standards, substitution procedures, prevailing wage compliance, sanitary and safety provisions, and damage liability. The document specifies that contractors must submit shop drawings and other submittals for approval, maintain proper payroll records, adhere to overtime and night work regulations, and comply with all applicable state and federal laws. Payment terms include provisions for progress and partial payments, deductions for non-compliance, final payment upon project acceptance, and prompt payment requirements. The contract incorporates standard appendices including forms for change orders, bid bonds, performance bonds, labor and material payment bonds, and contractor acknowledgements, providing a complete template for executing construction contracts under DLNR authority.

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Text version

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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