K1 GC Table of Contents.doc

TABLE OF CONTENTS

Section/Subsection Page

ARTICLE 1 - DEFINITIONS

ARTICLE 2 - PROPOSAL REQUIREMENTS AND CONDITIONS

2.1 Qualification of Bidders

2.1.1 Notice of Intention to Bid

2.1.2 Compliance Certificate

2.1.3 Wrongful Refusal to Accept a Bid

2.2 Interpretation of Quantities in Bid Schedule

2.3 Contents of Proposal Forms

2.4 The Site and Proposed Contract

Documents

2.5 Addenda and Bid Clarifications

2.5.3 Bid Discrepancy

2.6 Substitution of Materials and

Equipment Before Bid Opening

2.6.3 Statement of Variances

2.6.4 Substitution Denial

2.7 Preparation of Proposal

2.8 Bid Security

2.9 Delivery of Proposals

2.10 Withdrawal or Revision of Proposal

2.10.1 Withdrawal of Proposals

2.10.2 Modification of Proposals

2.11 Public Opening of Proposals

2.12 Disqualification of Bidders

2.13 Protest

ARTICLE 3 - AWARD AND EXECUTION OF CONTRACT

3.1 Consideration of Proposals;

Cancellation

3.2 Irregular Proposals

3.3 Correction of Bids and Withdrawal of Bids

3.4 Award of Contract

3.5 Cancellation of Award

3.6 Return of Bid Security

3.7 Requirement of Performance and

Payment Bonds

3.8 Campaign Contributions by State and County

Contractors

3.9 Execution of the Contract

3.10 Failure to Execute the Contract

3.11 Notice to Proceed

ARTICLE 4 - SCOPE OF WORK

4.1 Intent of Contract, Duty of Contractor

4.2 Changes

4.2.1 Minor Changes

4.2.2 Oral Orders

4.2.3 Field Orders

4.2.4 Change Orders

4.3 Duty of Contractor to Provide Proposal for

changes

Section/Subsection Page

4.4 Price Adjustment

4.5 Allowances for Overhead and Profit

4.6 Payment for Deleted Material

4.6.1 Canceled Orders

4.6.2 Returned Materials

4.6.3 Uncancelled Materials

4.7 Variations in Estimated Quantities

4.8 Variations in Bottom Elevations

4.9 Differing Site Conditions

4.10 Utilities and Services

4.10.2 Unknown Utilities

4.10.4 Restoration of Damaged Utilities

ARTICLE 5 - CONTROL OF WORK

5.1 Authority of the Engineer

5.2 Authority of the Inspector

5.3 Authority of the Consultant(s)

5.4 Shop Drawings and Other Submittals

5.4.1.1 Shop Drawings

5.4.2 Submittal Variances

5.4.3 Review and Acceptance Process

5.5 Coordination of Contract Documents

5.5.1 Addenda

5.5.2 Special Conditions and Proposal

5.5.3 Specifications

5.5.4 Specification Error

5.5.5 Drawings

5.6 Interpretation of Drawings and

Specifications

5.7 Examination of Drawings, Specifications, Project Site.

5.8 Cooperation Between the

Contractor and the Department

5.8.1 Furnishing Drawings and

Specifications

5.8.2 Superintendent

5.8.3 Engineering Work

5.8.4 Use of Structure or Improvement

5.9 Inspection

5.9.2 Authority to Suspend Operations

5.9.4 Federal Agency Inspection

5.10 Removal of Defective, Non-Conforming

and Unauthorized Work

5.10.2 Scheduling Corrective Work

5.10.3 Failure to Correct Work

5.11 Value Engineering Incentive

5.11.2 Value Engineering Change Proposal

5.11.3 VECP Required Information

5.11.4 Required Use of Licensed

Architect or Engineer 5.11.6 Acceptance of VECP 5.11.7 VECP Price Adjustments 5.12 Subcontracts 5.12.1 Replacing Subcontractors 5.12.2 Notice of Replacing Subcontractor 5.12.4 Subcontracting Section/Subsection Page

ARTICLE 6 - CONTROL OF MATERIALS AND EQUIPMENT

6.1 Materials and Equipment

6.2 Source of Supply and Quality

of Materials

6.2.3 Engineer’s Authorization to Test Materials

6.2.4 Unacceptable Materials

6.3 Substitution After Contract Award

6.3.2 Substitution After Contract Award

6.4 Asbestos Containing Materials

6.5 Test Samples

6.6 Material Samples

6.7 Non-Conforming Materials

6.8 Handling Materials

6.9 Storage of Materials

6.10 Property Rights in Materials 6.11 Assignment of Antitrust Claims for Overcharges for Goods Purchased

ARTICLE 7 - PROSECUTION AND PROGRESS

7.1 Prosecution of the Work

7.1.4 Working Prior to Notice to Proceed

7.2 Commencement Requirements

7.2.1 Identification of the Superintendent

7.2.2 Proposed Working Hours

7.2.3 Permits and Licenses

7.2.4 Schedule of Prices

7.2.5 Proof of Insurance Coverage

7.3 Insurance Requirements

7.3.1 Obligation of the Contractor

7.3.7 Types of Insurance

7.4 Permits and Licenses

7.5 Normal Working Hours

7.6 Hours of Labor

7.7 Prevailing Wages

7.7.2 Wage Rate Schedule

7.7.4 Posting Wage Rate Schedule

7.8 Failure to Pay Required Wages

7.9 Payrolls and Payroll Records

7.9A Apprenticeship Agreement Certification 7.10 Overtime and Night Work

7.10.2 Overtime Notification

7.11 Overtime and Night Payment

for State Inspection Service

7.11.2 Payment for Inspection Services

7.12 Limitations of Operations

7.13 Assignment or Change of Name

7.13.1 Assignment

7.13.3 Recognition of a Successor in

Interest; Assignment

7.13.4 Change of Name

7.14 Laws to be Observed

7.15 Patented Devices, Materials

and Processes

7.16 Sanitary, Health and Safety Provisions

7.17 Protection of Persons and Property 7.17.1 Safety Precautions and Programs Section/Subsection Page 7.17.8 Emergencies 7.18 Archaeological Sites 7.19 Responsibility for Damage Claims;

Indemnity

7.20 Character of Workers or Equipment

7.20.2 Character and Proficiency

of Workers

7.20.3 Insufficient Workers

7.20.4 Equipment Requirements

7.21 Contract Time

7.21.2 Calculation of Contract Time

7.21.3 Modifications of Contract Time

7.21.4 Delay for Permits

7.21.5 Delays Beyond Contractor’s Control

7.21.6 Delays in Delivery of Materials

7.21.7 Delays for Suspension of Work

7.21.8 Contractor Caused Delays

7.21.9 Reduction in Time

7.22 Construction Schedule

7.23 Statement of Working Days

7.24 Suspension of Work

7.24.1 Procedure to be Followed

7.24.2 Partial, Total Suspension of Work

7.24.3 Payment

7.24.4 Claims Not Allowed

7.25 Disputes and Claims

7.25.1 Required Notification

7.25.2 Continued Performance of Work

7.25.4 Requirements for Notice of Claim

7.25.6 Final Statement for Claim

7.25.10 Decision on Claim / Appeal

7.25.11 Payment and Interest

7.26 Failure to Complete the Work on Time

7.26.2 Acceptance of Liquidated Damages

7.26.3 Payments for Performance

Liquidated Damages

7.27 Termination of Contract for Cause

7.27.1 Default

7.27.2 Additional Rights and Remedies

7.27.3 Costs and Charges

7.27.4 Erroneous Termination for Cause

7.28 Termination for Convenience

7.28.1 Termination

7.28.2 Contractor’s Obligations

7.28.3 Right to Construction and Goods

7.28.4 Compensation

7.29 Correcting Defects

7.30 Final Cleaning 7.31 Substantial Completion, and

Final Inspection

7.31.1 Substantial Completion

7.31.2 Final Inspection

7.31.4 Revoking Substantial Completion

7.32 Project Acceptance Date

7.32.2 Protection and Maintenance

7.32.4 Punch List Requirements

7.32.7 Failure to Correct Deficiencies

7.33 Final Settlement of Contract Section/Subsection Page

7.33.1 Necessary Submissions

7.33.2 Failure to Submit Closing

Documents

7.34 Contractor's Responsibility for Work;

Risk of Loss

7.35 Guarantee of Work

7.35.2 Repair of Work

7.35.3 Manufacturer’s and Installer’s Guarantee

7.36 Work of and Charges by Utilities

7.37 Right to Audit Records

7.38 Records Maintenance, Retention and Access

ARTICLE 8 - MEASUREMENT AND PAYMENT

8.1 Measurement of Quantities

8.2 No Waiver of Legal Rights

8.3 Payment for Additional Work

8.3.4 Force Account Method

8.4 Progress and / or Partial Payments

8.4.1 Progress Payments

8.4.3 Payments for Materials

8.5 Prompt Payment

8.6 Retainage

8.7 Warranty of Clear Title

8.8 Final Payment

8.9 Claims Arising out of Payment for Required Work ……………………….…………………………... 51

ARTICLE 9– CONFIDENTIALITY OF PERSONAL INFORMATION

9.1 Definitions…………………………………………52

9.2 Confidentiality of Material………………………...52

9.3 Security Awareness Training and Confidentiality

Agreements

9.4 Termination for Cause

9.5 Records Retention

SAMPLE FORMS

Request for Substitution

Name of Corporation

Weekly Quality Control Report Form i Revised 5-16 (1)