DOT Gen Prov for Construction Proj (1977) W-supplemental

8/10/2019 DOT Gen Prov for Construction Proj (1977) W-supplemental

http://slidepdf.com/reader/full/dot-gen-prov-for-construction-proj-1977-w-supplemental 1/76

HAWAII

DEPARTMENT OF TRANSPORTATION

AIR AND WATER TRANSPORTATION FACILITIES DIVISIONS

GENERAL PROVISIONS

FOR

CONSTRUCTION PROJECTS 1977

(Including Supplement dated 3/28/02)

ARTICLE I-DEFINITIONS AND TERMS

Wherever in these specifications or in other contract documents the following terms or pronouns in place of them are used the intent and meaning shall be Interpreted as follows:

1.1 ABBREVIATIONS – Wherever the following abbreviations are used in these Specifications or on the plans, they are to be construed the same as the respective expressions represented:

A.A.S.H.T.O. American Association of State Highway Transportation Officials A.S.T.M American Society for Testing Materials A.W.S. American Welding Society A.W.P.A. American Wood Preservers' Association A.W.W.A. American Water Works Association F.A.A. Federal Aviation Administration H.R.S. Hawaii Revised Statutes N.E.C. National Electric Code N.E.M.A. National Electrical Manufacturers AssociationN.F.P.A. National Fire Protection AssociationU.L. Underwriters' Laboratory



1.1 ABBREVIATIONS is hereby added to the General Provisions:

A.C.I. American Concrete Institute A.N.S.I. American National Standards Institute A.I.T.C. American Institute of Timber Construction

C.R.S.I. Concrete Reinforcing Steel InstituteI.E.E.E. Institute of Electrical and Electronic EngineersI.E.S. Illuminating Engineering Society

P.C.A. Portland Cement Association

R.L.H. Revised Laws of Hawaii

S.L.H. Session Laws of Hawaii

U.B.C. Uniform Building Code

W.C.L.I.B. West Coast Lumber Inspection Bureau

1.2 ADVERTISEMENT-The public announcement, as required by law, inviting bids forwork to be performed or materials to be furnished.

1.3 AWARD-The acceptance by the State of a proposal.

1.4 BIDDER-Any individual, partnership, corporation or other legal entity, or combinationthereof, submitting a proposal for the work contemplated, acting either directly or through a

duty authorized representative.

1.5 CALENDAR DAY-Every day shown on the calendar. If no designation of calendar orworking day is made, "day" shall mean calendar day.

1.6 CONTRACT-The written agreement between the State and the Contractor settingforth the obligations of the parties thereunder, including, but not limited to, the performance ofthe work, the furnishing of labor and materials, and the basis of payment.

The contract includes the notice to bidders, instructions to bidders, proposal, contractform and contract bond, specifications, special provisions, general and detailed plans, noticeto proceed, and change orders that are required to complete the construction of the work inan acceptable manner, all of which constitute one instrument.

1.7 CONTRACT BOND-The approved form of security, executed by the Contractor and

his Surety or Sureties, guaranteeing the completion of the work in accordance with the termsof the contract, and guaranteeing full payment of all claims for labor, materials, and suppliesused or incorporated in the work.

1.8 CHANGE ORDER-A written order issued by the Director to the Contractor, coveringchanges in the plans, the quantities or both, within the scope of the contract, establishing thebasis of payment and time adjustments for the work affected by the changes. A change orderis also a written order concerning the performance of work and/or the furnishing of materialsinvolving extra work. Such extra work may be performed at agreed prices or on a forceaccount basis as provided elsewhere in these specifications. A change order signed by all theparties to the contract is a supplemental agreement.

1.9 CONTRACT ITEM (PAY ITEM)-A specifically described unit of work for which a priceis provided in the contract.

1.10 CONTRACT TIME-The number of working days or calendar days allowed for

completion of the contract, including authorized lime extensions. In case a calendar date of completion is shown in the proposal in lieu of the number

of working days, the contract shall be completed by that date.

1.11 CONTRACTOR-The individual, partnership, corporation or other legal entity, or combination thereof, contracting with the State for performance of the prescribed work.

1.12 DEPARTMENT-The State Department of Transportation.

2



1.13 DIRECTOR-The Director of Transportation, acting either directly or through his dulyauthorized representative.

1.14 EQUIPMENT-The machinery, apparatus and tools, together with the necessarysupplies for their upkeep and maintenance, necessary for the proper prosecution andacceptable completion of the work.

1.15 HOLIDAYS-The days which are set apart and established as State holidays pursuant

to Section 8·1,H.R.S. 1.16 INSPECTOR-The Director's authorized representative assigned to make detailedinspections of contract performance and materials supplied.

1.17 LABORATORY-The testing laboratory of the Department or any other testinglaboratory which may be designated by the Director.

1.18 MATERIALS-Any substances specified for use in the prosecution of the work.

1.19 MAJOR CONTRACT ITEM-Any contract item of which the total cost as determined bymultiplying the proposal quantity and the original contract unit price for that item is equal to orgreater than $25,000 or 5 per cent of the total contract price, whichever is less. Lump sumbids for proposal items or for the project as a whole are not included under this definition.

1.20 MINOR CONTRACT ITEM-Any contract item which is not a major contract item asdefined above is a minor contract item. Items appearing as minor items in the original

proposal shall be construed as becoming major items when they are increased to the extentthat the total cost of the item is equal to or greater than $25,000 or 5 per cent of the totaloriginal contract cost, whichever is less. Lump sum bid items are not included under thisdefinition.

1.21 NOTICE TO BIDDERS-The advertisement for proposals for all work or materials onwhich bids are required. Such advertisement will indicate with reasonable accuracy theestimated quantity and the location of the work to be done or the character and estimatedquantity of the material to be furnished and the time and place of the opening of proposals.

1.22 NOTICE OF AWARD-A written notice from the Director to the successful bidderstating that his proposal has been accepted.

1.23 NOTICE OF FINAL ACCEPTANCE-Written notice from the Director to the Contractorthat the entire contract which has been completed in all respects in accordance with theplans, specifications, and any changes thereof previously authorized is accepted.

1.24 N0TICE TO PROCEED-Written notice to the Contractor to proceed with the contractwork including the date of beginning of contract time.

1.25 PLANS-The approved plans, profiles, typical cross sections, working drawings andsupplemental drawings, or reproductions thereof, which show the location, character,dimensions, and details of the work to be done.

1.26 QUALIFICATION QUESTIONNAIRE-The specified forms on which the Bidder shallfurnish required information as to his ability to perform and finance the work.

1.27 PROPOSAL (OR BID)-The offer of a bidder, on the prescribed form, to perform thework and to furnish the labor and materials at the prices quoted.

1.28 PROPOSAL FORM-The approved format prepared by the Department or a facsimilethereof on which bids for the work must be prepared and submitted. (Reasonable facsimileacceptable for bidding.)

1.29 PROPOSAL GUARANTY-The security furnished with a bid to guarantee that thebidder will enter into the contract and furnish all other requirements if his bid is accepted.

1.30 SPECIAL PROVISIONS-Revisions to the specifications.

3



1.31 SPECIFICATIONS-The directions, provisions, and requirements pertaining to themethod and manner of performing the work and to the quantities and qualities of materials tobe furnished under the contract, which are revised by the Special Provisions.

1.32 SPECIFIED COMPLETION DATE-The date by which the work must be completed.

1.33 STATE-The State of Hawaii.

1.34 SUBCONTRACTOR-An Individual, partnership, corporation, other legal entity, or anycombination thereof, that enters into an agreement with the Contractor to perform a portion ofthe work for the Contractor.

1.35 SUPERINTENDENT-The Contractor's representative who is responsible for and incharge of the work.

1.36 SURETY-The corporation, partnership or individual, other than the Contractor,executing a bond furnished by the Contractor and guaranteeing performance by theContractor.

1.37 TITLES (OR HEADINGS)-The titles or headings of the articles and sections hereinare intended for convenience of reference and shall not be considered as having any bearingon their interpretation.

1.38 WORK-The furnishing of all labor, materials, equipment and other incidentalsnecessary or convenient for the successful completion of the project and the execution of allthe duties and obligations imposed by the contract.

1.39 WORKING DAY-A calendar day, which is not a Saturday, Sunday or State holiday,on which weather and other conditions not under the control of the Contractor permitoperations to proceed for the major part of the day with normal working force engaged inperforming the controlling item or items of work which would be In progress at the time.

1.40 WORKING DRAWINGS-Stress sheets, shop drawings, erection plans, falseworkplans, framework plans, cofferdam plans, bending diagrams for reinforcing steel, or any othersupplementary plans or similar data which the contractor is required to submit to the Directorfor approval.

1.41 -In order to avoid cumbersome and confusing repetition of expressions in thesespecifications, it is provided that whenever anything "is, or is to be done," "if, as, upon, or,

when," or where "contemplated, required, determined, directed, specified, authorized,ordered, given, designated, indicated, considered necessary, deemed necessary, permitted,reserved, suspended, established, approval, approved, disapproved, acceptable,unacceptable, suitable, accepted, satisfactory, unsatisfactory, sufficient, insufficient, rejected,or condemned," it shall be understood as if the expression were followed by the words "bythe Director," "to the Director," "of the Director", "by the Engineer", to the Engineer", or "ofthe Engineer." Where the words "as shown", "as detailed", "as indicated", or words of likeimport are used in the Contract, reference is to the Plans unless the context clearly indicatesa different meaning.

1.42 - Unless otherwise indicated, whenever the word "Article" or "Section" is usedreference is being made to an article or section in these specifications.

1.43 - Reference to federal, state, and city and county laws, ordinances, rules andregulations, and standard specifications, include amendments effective as of the date of thecall for sealed lenders.

1.44 ADMINISTRATOR-the Administrator of the Federal Aviation Administration, either

acting directly or through his duly authorized representatives.1.45 AIRPORT-any area of land or water which is used or intended for use, for the landingand takeoff of aircraft, and any appurtenant areas which are used or intended for use, forairport buildings or other airport facilities.

1.46 AIRPORTS DIVISION-the State of Hawaii, Department of Transportation, AirportsDivision.

4



1.47 AIRPORT OPERATIONAL AREA-any portion of the airport, from which the public isrestricted by fences or appropriate signs, and not leased or demised to anyone for exclusiveuse, and shall mean and include runways, taxiways, all ramp and apron areas, aircraftparking and storage areas, fuel storage areas, maintenance areas, and landing areas.

1.48 BUILDING AREA-That part of any airport which is used, considered or intended to beused for airport buildings or other airport facilities, together with all airport buildings andfacilities located thereon.

1.49 HAZARDOUS AREA-Any area directly adjacent to existing in use runways, taxiways,aprons, or hardstands.

1.50 CRITICAL AREA-An area, associated with certain electronic or navigational aids,where Contractors' operations would interfere with the signal or operation of such aids to airnavigation.

1.51 ENGINEER-The Airports Division Administrator, or his authorized representatives.

1.52 NOT INCLUDED (N.I.C.)-Work indicated on the drawings and/or noted in thespecifications as N.I.C. is not a part of the work to be performed under this contract.

1.53 FEDERAL SPECIFICATIONS –The Federal Specifications and Standards, andsupplements, amendments, and indices thereto, as prepared and issued by the GeneralServices Administration of the Federal Government. They are on file at the GovernmentDocuments Collection of the University of Hawaii in Honolulu, and may also be obtained fromGeneral Services Administration Region 3, Federal Supply Service, Printed Materials SupplyDivision, General Services Regional Office Building, Washington, D.C. 20407.

1.54 STANDARD SPECIFICATIONS-"Standard Specifications for Road and BridgeConstruction and Public Works Construction", State of Hawaii, 1994.

1.55 LAWS - Reference to federal, state, and city and county laws, ordinances, rules andregulations, and standard specifications, include amendments effective as of the date of thecall for sealed proposals.

1.56 LIGHTING-A system of fixtures providing or controlling the light sources used on ornear the airport or within the airport buildings. The field lighting includes all luminous signals,markers, floodlights and illuminating devices used on or near the airport to promote visualidentification of the airport or to aid in the operation of aircraft landing at, taking off from ortaxiing on the airport surface.

1.57 OWNER OR SPONSOR-The State of Hawaii, acting by and through its Departmentof Transportation, which either individually or jointly with one or more other Public Agencies,submits to the Administrator, in accordance with the Federal Airport Act, an application for agrant of funds for airport development.

1.59 STRUCTURES-Structures shall mean buildings, culverts, including headwalls andend walls, drainage construction such as storm sewers, gutters, catch basins, drop inlets,manholes, retaining walls, light structures and other construction which may be encounteredin the building of the runways, landing strips, taxiways, roadways, parking lots and terminalfacilities.

1.60 SUPPLEMENTARY DOCUMENTS-All documents in addition to the initialspecifications and drawings such as but not limited to all addenda, contract field notifications,change orders, field orders issued by the State or the Engineer and all shop drawings,sketches, field orders, cut sheets, brochures, parts lists, written and/or drawing installationinstructions, samples or any other document deemed as a supplementary document by theState or the Engineer.

1.61 CONSTRUCTION MANAGEMENT CONSULTANT OR MANAGING CONSULTANT -The representative of the Engineer, who will perform surveillance and coordinate matterspertaining to the contract plans and specifications.

1.62 SEWER DIVISION-Division of Wastewater Management, Public Works Department,

County of Honolulu or other appropriate County.1.63 DRAINAGE-The system of pipes, drainageways, ditches and structures by whichsurface or subsurface waters are collected and conducted from the airport area.

1.64 PAVEMENT-The combined subbase, base and surface courses considered as asingle unit, excluding shoulders.

5



ARTICLE II-PROPOSAL REQUIREMENTS AND CONDITIONS

2.1 CONTRACTOR'S LICENSE- Attention is directed to the provisions of Chapter 444,H.R.S., regarding the licensing of contractors in the State. the work, the furnishing of laborand materials, and the basis of payment.

Except for projects involving federal funds and except where a contractor's licenseis not required, a bidder must have the required contractor's license before he submits hisproposal. In a project involving federal funds, a bidder need not have a contractor's license atthe time of the submission of his proposal, but he must have the required license before thecontract will be awarded to him in case he is the successful bidder.

2.2 QUALIFICATIONS OF BIDDERS-Prospective bidders must be capable of performingthe work for which bids are called.

Pursuant to Section 103·25, H.R.S., each bidder shall file at the Programs andContracts Office, Department of Transportation, Aliiaimoku Hale, 869 Punchbowl Street,Honolulu, Hawaii96813, a written notice of his intention to bid at least six (6) calendar daysprior to the date designated for the opening of bids. If the notice is mailed, it shall be mailedin sufficient time to meet the deadline set above.

In accordance with said Section 103-25, the Director may require any prospectivebidder to submit answers to questions contained in the "Standard Qualification Questionnaire

for Prospective Bidders on Public Works Contracts" form furnished by the Department,properly executed and notarized, at least forty-eight (48) hours prior to the time advertised forthe opening of bids. The Director may also require additional information as he deemsnecessary. All information so provided shall be kept confidential and the questionnaire andother written material shall be returned to the bidder after serving their purpose.

Whenever it appears to the State, from the questionnaire or otherwise, that theprospective bidder is not fully qualified and able to perform the work, the State shall, if afteraffording the prospective bidder an opportunity to be heard and if still of the opinion that thebidder is not fully qualified to perform the work, refuse to receive or consider the prospectivebidder's proposal.

Failure to complete the qualification questionnaire is sufficient cause for theDepartment to reject a bid.

2.3 CONTENTS OF PROPOSAL FORMS-Upon request, the Department will furnish theprospective bidder with a proposal form which will state the location and description of thecontemplated work, an estimate of the various quantities and items of work to be performedor materials to be furnished and a schedule of items for which bid prices are asked. Theproposal form will also state the time within which the work must be completed, the amountof the proposal guaranty, and the date, time and place of the opening of proposals.

All papers bound with or attached to the proposal form are a part thereof and shallnot be altered when the proposal is submitted.

The plans, specifications and other documents designated in the proposal form arealso a part thereof, whether attached or not.

The prospective bidder must deposit with the Department the sum stated in theNotice to Bidders for each copy of the proposal form and each set of plans. Failure to returnsaid documents in good condition within thirty (30) days after the opening of bids will result inforfeiture of the sum deposited.

2.4 ISSUANCE OF CONTRACT DOCUMENTS-The Department may refuse to issuecontract documents to a prospective bidder for any of the following reasons:

The prospective bidder's:

(1) Failure to pay, or satisfactorily settle, all bills due for labor and material oncontracts in force at the time of the call for tenders.

(2) Default in previous contracts.

2.5 ESTIMATED QUANTITIES-All quantities appearing in the contract are approximateand those indicated in the proposal schedule are prepared for the comparison of bids only .The State does not expressly or impliedly warrant that the actual amount of work willcorrespond therewith. Payment to the Contractor will be made only for the actual quantities of

6



work performed and accepted or materials furnished in accordance with the contract, andno change will be made in the contract unit prices if overruns and underruns occur. Thescheduled quantities of work to be done and materials to be furnished, however, may eachbe increased decreased or omitted; provided that, when the State orders in writing analteration pursuant to Section 4.2, and the total effect of such alteration, when combined withprevious alterations and agreed changes, increases or decreases the estimated quantity of amajor contract item by more than 25 per cent, payment for such item will be in accordance

with Section 4.2.2.6 EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF WORK-The biddershall carefully examine the site of the proposed work, the proposal, plans, specifications,special provisions, if any, and the contract and bond forms, before submitting his proposal.The submission of a proposal is a warranty that the bidder has made an examination and isfully aware of all conditions to be encountered in performing the work and of therequirements of the plans, specifications, special provisions, contract and bond.

"The Contractor shall have the sole responsibility of satisfying himself concerning thenature and location of work and the general and local conditions, and particularly, but withoutlimitation, with respect to the following: those affecting transportation access, disposal,handling and storage of materials; availability and quality of labor, water and electric power;availability and condition of roads; climatic conditions and seasons; physical conditions at theworksites and the project area as a whole; topography and ground surface conditions;subsurface geology, and nature and quantity of surface and subsurface materials to beencountered; equipment and facilities needed preliminary to and during performance of the

contract; and all other matters which can in any way affect performance of the contract, orthe cost associated with such performance. The failure of the Contractor to acquaint himselfwith any applicable condition will not relieve it from the responsibility for properly estimatingeither the difficulties or the costs of successfully performing the contract".

2.7 PREPARATION OF PROPOSAL-The bidder shall submit his proposal upon the formsfurnished by the Department or a facsimile thereof. The bidder shall specify unit prices inwords or figures, or both as required, for each pay item. He shall also show the products ofthe respective unit prices and quantities written in figures in the column provided for thatpurpose and the total amount of the proposal obtained by adding the amounts of theseveral items. All the words and figures shall be in ink or typed. In case of a discrepancybetween the prices written in words and those written in figures, when both are required, theprices written in words shaft govern.

When an item in the proposal contains a choice to be made by the bidder, the biddershall indicate his choice in accordance with the specifications for that particular item;

thereafter no further choice will be permitted. The bidder's proposal must be signed with ink by the person or persons legally

authorized to submit a proposal on behalf of the bidder .

When a proposal is signed by an agent, proof of the authority to sign the proposal forthe bidder must be on file with the State prior to the opening of proposals or shall besubmitted with the proposal; otherwise, the proposal will be rejected as irregular andunauthorized.

2.8 IRREGULAR PROPOSALS-Proposals will be considered irregular and may be rejected for any of the following reasons:

(1) If the proposal is in a form other than that furnished by the Department;or if the form is altered or any part thereof is detached.

(2) It there are unauthorized additions, conditional or alternate proposals, or

irregularities of any kind which may tend to make the proposal incomplete,indefinite, or ambiguous as to its meaning.

(3) If the bidder adds any provisions reserving the right to accept or reject an award, or to enter into a contract pursuant to an award.

This does not exclude a proposal limiting the maximum gross amount of awardsacceptable to any one bidder at any one bid letting, provided that any selection of awards willbe made by the State.

(4) If the proposal does not contain a bid price for each pay item listed.

7



(5) Unbalanced proposals in which the prices for some items are out ofproportion to the prices for other items.

2.9 PROPOSAL GUARANTY-All bids of $15,000 or more shall be accompanied by adeposit of legal tender or by a certificate of deposit, cashier's check or certified check on abank that is insured by the Federal Deposit Insurance Corporation, in a sum not less than

five percent of the amount bid, payable at sight to the Department of Transportation, State ofHawaii; provided that when the amount bid exceeds $50,000, the legal tender, certificate ofdeposit, cashier's check or certified check shall be in a sum not less than $2,500 plus twoper cent of the amount in excess of $50,000. A certificate of deposit, cashier's check orcertified check may be utilized only to a maximum of $40,000.

A bid requiring a proposal guaranty in excess of $40,000 shall only be in the form oflegal tender or a surety bond conforming to the requirement of Section 103·31, H.R.S., asamended.

2.10 DELIVERY OF PROPOSAL-A bidder shall submit his proposal in a sealed envelopebearing on the outside the identity of the project and his name and address. A proposal notreceived at the place specified in the Notice to Bidders prior to the time set for the openingof proposals will be rejected and returned unopened.

2.11 WITHDRAWALOR REVISION OF PROPOSALS-A bidder may withdraw or revise aproposal after it has been deposited with the State, provided the request for such

withdrawal or revision is received by the State, in writing, before the time set for theopening of proposals. If the request is for a revision, the revised proposal must be receivedby the officer calling for tenders prior to the time set for the opening of proposals or it shallbe treated as a request for withdrawal.

2.12 PUBLIC OPENING OF PROPOSALS-Proposals will be opened and read publicly atthe time and place(s) indicated in the Notice to Bidders. Bidders, their authorized agents,and other interested parties are invited to be present.

2.13 DISQUALIFICATION OF BIDDERS-Any of the following reasons may be consideredas being sufficient grounds for the qualification of a bidder and the rejection of his proposalor proposals.

(1) More than one proposal for the same work from an individual, firm, orcorporation under the same or different name.

(2) Evidence of collusion among bidders. Participants in such collusion willreceive no recognition as bidders for any future work of the Departmentuntil such participant shall have been reinstated as a qualified bidder.

(3) Lack of proposal guaranty.

(4) Unsigned proposal.

2.14 DECLARATION OF STATE EMPLOYMENT-Pursuant to Section 84-15, H.R.S., thesuccessful bidder is required to execute and submit the "Declaration of State Employment"before the contract will be awarded to him.

Said Section 84-15 specifies, among other things, that ".A State agency shall notenter into contract with any person or business which is represented or assisted personallyin the matter by a person who has been an employee of the agency within the precedingtwo years and who participated while in state office or employment in the matter with whichthe contract is directly concerned."

2.19 PARTICIPATION BY FOREIGN CONTRACTORS AND SUBCONTRACTORS ishereby added to the General Provisions:

"The Contractor or subcontractor, by submission of an offer and/or execution of acontract, certifies that it:

a. is not owned or controlled by one or more citizens or nationals of a foreigncountry included in the list of countries that discriminate against U.S. firmspublished by the Office of the United States Trade Representative(USTR);

8



b. has not knowingly entered into any contract or subcontract for this projectwith a contractor that is a citizen or national of a foreign country on saidlist, or is owned or controlled directly or indirectly by one or more citizensor nationals of a foreign country on said list;

c. has not procured any product nor subcontracted for the supply of anyproduct for use on the project that is produced in a foreign country on saidlist.

Unless the restrictions of this clause are waived by the Secretary of Transportation inaccordance with 49 CFR 30.17, no contract shall be awarded to a contractor orsubcontractor who is unable to certify to the above. If the contractor knowingly procures orsubcontracts for the supply of any product or service of a foreign country on the said list foruse on the project, the Federal Aviation Administration may direct, through the Sponsor,cancellation of the contract at no cost to the Government.

Further, the contractor agrees that, if awarded a contract resulting from thissolicitation, it will incorporate this provision for certification without modification in eachcontract and in all lower tier subcontracts. The contractor may rely upon the certification of aprospective subcontractor unless it has knowledge that the certification is erroneous.

The contractor shall provide immediate written notice to the Sponsor if the contractorlearns that its certification or that of a subcontractor was erroneous when submitted or hasbecome erroneous by reason of changed circumstances. The subcontractor agrees toprovide immediate written notice to the contractor, if at any time it learns that its certificationwas erroneous by reason of changed circumstances.

This certification is a material representation of fact upon which reliance was placedwhen making the award. If it is later determined that the contractor or subcontractorknowingly rendered an erroneous certification, the Federal Aviation Administration maydirect, through the Sponsor, cancellation of the contract or subcontract for default at no costto the Government.

Nothing contained in the foregoing shall be construed to require establishment of asystem of records in order to render, in good faith, the certification required by this provision.The knowledge and information of a contractor is not required to exceed that which isnormally possessed by a prudent person in the ordinary course of business dealings.

This certification concerns a matter within the jurisdiction of an agency of the UnitedStates of America and the making of a false, fictitious, or fraudulent certification may renderthe maker subject to prosecution under Title 18, United States Code, Section 1001.

2.20 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION is hereby added to the General Provisions:

"The bidder/offeror certifies by submission of this proposal or acceptance of thiscontract, that neither it nor its principals is presently debarred, suspended, proposed fordebarment, declared ineligible, or voluntarily excluded from participation in this transactionby any Federal department or agency. It further agrees by submitting this proposal that it willinclude this clause without modification in all lower tier transactions, solicitations, proposals,contracts, and subcontracts. Where the bidder/offeror/contractor or any lower tier participantis unable to certify to this statement, it shall attach an explanation to this solicitation/proposal."

2.21 STATEMENT OF AFFIRMATION AND ACKNOWLEDGMENT OFDISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS is hereby added tothe General Provisions:

"The bidder must execute and submit the 'Statement of Affirmation and Acknowledgment of Disadvantaged Business Enterprise (DBE) Requirements' included inthe bid documents together with its bid. Failure by the bidder to comply with this requirement

shall be sufficient cause for rejection of bid.

ARTICLE Il l-AWARD AND EXECUTION OF CONTRACT

3.1 CONSIDERATION OF PROPOSALS-After the proposals are opened and read, theywill be compared on the basis of the summation of the products arrived at by themultiplication of the approximate quantities shown in the bid schedule by the unit bid prices.The results of such comparisons will immediately be made available to the public. In theevent of a discrepancy between unit bid prices and extensions, the unit bid price shall govern.

9



The State reserves the right to reject any or all proposals, to waive defects, to selectany alternates or to advertise for new proposals for the best interests of the public.

3.2 AWARD OF CONTRACT-The award of contract, if it be awarded, will be made withinsixty (60) calendar days after the opening of bids to the lowest responsible bidder whoseproposal complies with all the requirements. The successful bidder will be notified, by lettermailed to the address shown on his proposal, that his proposal has been accepted and thathe has been awarded the contract.

"No oral statement of any person whomsoever shall in any manner or degree modifyor otherwise affect the terms of this contract.

The State may award other contracts for additional work, and the Contractor shallfully cooperate with such other Contractor and carefully fit his own work to that providedunder the other contracts as may be directed by the State. The Contractor shall not commitor permit any act which will interfere with the performance of work by any other Contractor.

The provisions of this contract shall be incorporated into each subcontract enteredinto by the Contractor. This Contract shall be subject to the written approval of the Directorand shall not be binding until so approved.

The award of contract, if it is awarded, will be made after the opening of bids to thelowest responsible bidder whose Proposal complies with all the requirements."

3.3 CANCELLATION OF AWARD-The State reserves the right to cancel the award of any contract any time before the execution of said contract by all parties without any liabilityto the successful bidder or any other bidder.

3.4 RETURN OF PROPOSALGUARANTY-All proposal guaranties, except those of thelowest two bidders, will be returned immediately following the opening and checking of theproposal guaranty of the second lowest bidder, if not a bid bond, will be returned within ten(10) calendar days following execution of contract. The successful bidder's proposalguaranty, if not a bid bond, will be returned after a satisfactory contract bond has beenfurnished and the contract has been executed.

3.5 REQUIREMENT OF CONTRACT BOND-At the time of the execution of thecontract, the successful bidder shall file a good and sufficient surety bond on the formfurnished by the Department, similar to a copy of the same annexed hereto, conditioned forthe full and faithful performance of the contract in accordance with terms and intent thereofand also for the prompt payment to all others for all labor and materials furnished by them tohim and use in the prosecution of the work provided for in such contract, in the manner, formand amount required by Sections 78-20, 103·34 and 103·35, H.R.S., which bond shall be inan amount equal to 50 per cent of the contract price or as specified elsewhere in the biddocument, plus allowance for extra work, if any. Such bond shall also by its terms inure tothe benefit of any and all persons entitled to file claims for labor performed or materialsfurnished in the work so as to give them a right of action as contemplated by Section 507-17,H.R.S.

3.6 EXECUTION OF CONTRACT-The contract, similar to a copy of the same annexedhereto, shall be executed by the successful bidder and returned, together with the contractbond, within ten (10) days after the award of the contract or within such further time as theDirector may allow after the bidder has received the contract for execution.

Pursuant to Section 103·39, H.R.S., the contract shall not bind the State in any wayunless said contract has been fully and property executed by all the parties thereto and theComptroller has endorsed thereon his certificate that there is available an unexpendedappropriation over and above all outstanding contracts, sufficient to cover the amountrequired by the contract.

3.7 FAlLURE TO EXECUTE CONTRACT-Failure to execute the contract and fileacceptable bond within ten (10) days after the award of the contract, or within such furthertime as the Director may allow, shall be cause for the cancellation of the award and the

forfeiture of the proposal guaranty. Award of the contract may then be made to the nextlowest responsible bidder .

3.8 FEDERAL PARTICIPATION is hereby added to the General Provisions.

"The Contractor's attention is directed to the fact that pursuant to the provisions ofthe Act of Congress known as the Airport and Airway Improvement Act of 1982, the UnitedStates Government may pay a portion of the cost of this project. The above Act of Congressprovides that the construction work and labor in each State shall be done in accordance withthe laws of the State subject to the inspection and approval of the FAA and in accordancewith the rules and regulations made pursuant to said Act. The construction work, therefore,

10



will be subject to such inspection by the Administrator of FAA as may be deemed necessaryto meet with the above requirements when Federal funds are used, but such inspection willin no case make the Federal Government a party to this contract and will in no way interferewith the rights of either party hereunder."

ARTICLE IV-SCOPE OF WORK

4.1 INTENT OF CONTRACT-The intent of the contract is to provide for the construction,complete in every detail, of the work described or for the furnishing of materials or both. TheContractor shall furnish all labor, materials, equipment, tools, transportation, supplies andother incidentals required to complete the work in accordance with the plans, specificationsand terms of the contract.

4.2 ALTERATIONS-The State reserves the right to order, at any time during theprogress of the work, alterations involving increases or decreases in the quantity of anycontract item and alterations in the details of construction as may be found necessary ordesirable. The ordering of alterations shall not invalidate the contract or release the surety,and the contractor shall comply with any such order, as though it has been a part of theoriginal contract.

Alterations in the details of construction shall not involve or require work beyond theoriginal proposed construction unless a change order is issued to that effect.

Unless ordered changes increase or decrease the quantity of a major contract itemmore than twenty-five (25) per cent, the work shall be performed as apart of !he contract andpaid for at the unit bid prices.

Changes in natural or any other conditions in the items of excavation shall not beconsidered an alteration, increase or decrease within the meaning of this Section.

An alteration in the type of the work which involves work different in kind or naturefrom any item involved or called for in the original contract shall be treated as extra work andthe provisions of Section 4.3 shall apply.

The provisions of this Section shall not apply to overruns and underruns on itemswhich are estimated in the proposal.

No claim shall be made by the Contractor for any loss of anticipated profits becauseof any such alteration, or by reason of any variation between the approximate quantities andthe quantities of work as done.

Payment for alterations will be made in accordance with the provisions of Section9.3. If the alteration is of sufficient magnitude as to require additional time in which tocomplete the project, adjustment will be made in accordance with the provisions of Section8.7.

A. INCREASED OR DECREASED QUANTITIES-Except for lump sum items whichare covered in Subsection 4.2(B), in the event the Contractor is ordered to makealterations involving an increase or decrease in the quantity of any majorcontract Item, or to omit portions of the work, no adjustment will be made in theunit price for any increase or decrease in the cost of any given major contractitem unless the quantity of such item is increased or decreased more thantwenty-five (25) per cent of the estimated contract amount of such item.

If an alteration is ordered which, together with previous orders or agreed changes inquantity, increases or decreases the amount of a major contract item more than twenty-five(25) per cent of the approximate quantity shown in the proposal schedule, an adjustment willbe made. Such adjustment for an item, the quantity of which has been increased, will bebased on the decreased actual cost per unit of said item to the Contractor and shall applyonly to the increase in excess of one hundred twenty-five (25) per cent of the approximate

quantity shown In the proposal schedule. For decreased quantities, the adjustment in unit price shall be such that the total

payment for the contract item shall not exceed seventy five per cent (75%) of the original bidamount of said contract item.

B. LUMP SUM ITEMS-Should the Contractor be directed to make changesinvolving an increase or decrease in the quantity of any specified lump sum itemor portion

11



of the lump sum work or to omit portions of the lump sum work adjustment inpayment will be made only for items of work affected.

When the increase or decrease does not exceed ten (10) per cent of the originalspecified quantity, the adjustment in lump sum price will be based on a theoretical unit price.The theoretical unit price will be determined by dividing the original contract lump sum for theitem of work by the originally specified quantity for that item of work.

The increase or decrease in the original lump sum price, as the case may be, shall be

the product of the theoretical unit price and the quantity involved not exceeding ten (10) percent of the original specified quantity for the item of work.

When the increase exceeds ten (10) per cent of the originally specified quantity, theadjustment in payment for the quantity in excess of ten (10) per cent shall be mutuallyagreed to by the Contractor and the Director. And in the event of failure to agree, any suchincreased work shall be paid for on a force account basis in accordance with the provisionsof Section 9.4.

When the decrease exceeds ten (10) per cent of the originally specified quantity, allreduction in the originally specified lump sum price will be based on the theoretical unit price,or the reduction up to ten (10) per cent will be based on the theoretical unit price, and thereduction in excess of the stated percentage shall be computed as if the work involved wasperformed on a force account basis in accordance with the provisions of Section 9.4, or asmutually agreed to by the Contractor and the Director.

When the quantity of any lump sum item of work is not specified, the adjustment in

lump sum price will be determined by the Director in the same manner as if the increase ordecrease were to be paid for on a force account basis in accordance with the provisions ofSection 9.4, or as mutually agreed to by the Contractor and the Director.

4.3 EXTRA WORK-Work determined by the Director to be new and unforeseen and notcovered by any of the items for which there is a bid price or by a combination of items shallbe treated as extra work.

The Contractor shall do extra work and furnish labor, materials and equipmenttherefore only upon receipt of a written order from the Director . In the absence of a writtenorder, the Contractor shall not be entitled to payment for such extra work.

Payment for extra work will be made by force account in accordance with theprovisions of Section 9.4, or as mutually agreed to by the Director and the Contractor .Extension of contract time, if any, shall be in accordance with the provisions of Section 8.7.

4.4 MAINTENANCE OF TRAFFIC-The Contractor shall keep all roads within the workingarea open to all traffic during the progress of the work.

"It is the explicit intention of the contract that the safety of aircraft, as well as theContractor's equipment and personnel, is the most important consideration. It is understoodand agreed that the Contractor shall provide for the free and unobstructed movement ofaircraft in the air operations area of the airport with respect to his own operations and theoperations of all his subcontractors as specified in Section 8.4 -LIMITATIONS OFOPERATIONS. It is further understood and agreed that the Contractor shall provide foruninterrupted operation of visual and electronic signals (including power supplies thereto)used in the guidance of aircraft while operating to, from, and upon the airport as specified inSection 7.17 CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTY ANDSERVICES.

When the contract requires the maintenance of vehicular traffic on an existing road,street, or highway during the Contractor's performance of work that is otherwise provided forin the contract plans and specifications, the Contractor shall keep such road, street, orhighway open to all traffic and shall provide such maintenance as may be required toaccommodate traffic. The flagmen, and other traffic control devices in conformity with theHawaii Administration Rules Governing the Use of Traffic Control Devices at Work Sites on

or Adjacent to Public Streets and Highways" adopted by the Director of Transportation, andthe current U.S. Federal Highway Administration's "Manual on Uniform Traffic ControlDevices for Streets and Highways" Part VI - Traffic Controls for Street and HighwayConstruction and Maintenance Operations, unless otherwise specified herein. TheContractor shall also construct and maintain in a safe condition any temporary connectionsnecessary for ingress and egress from abutting property or intersecting, roads, streets, orhighways.

The Contractor shall make his own estimate of all labor, materials, equipment, andincidentals necessary for providing the maintenance of aircraft and vehicular traffic asspecified in this subsection.12



The cost of maintaining the aircraft and vehicular traffic specified in this subsectionshall not be measured or paid directly, but shall be included in various contract items."

No material or equipment shall be stored where it will interfere with the free and safepassage of public traffic. At the end of each day's work or when construction oper ations aresuspended for any reason, the Contractor shall remove all obstructions to the f r ee and safepassage of public traffic.

4.5 CONSTRUCTION AND MAINTENANCE OF DETOURS-"The Contractor shall

construct and maintain detours for the use, convenience and safety of public traffic. Unlessindicated otherwise in the contract, all such work for the use, convenience and safety ofpublic traffic shall be payable under the various pay items of the contract, such as forexcavation; pavements; all signage, including directional, informational, regulatory andwarning signs; lighting system; and pavement markers, striping and markings.

The Contractor shall maintain full illumination of the public roadways within theconstruction area at the Contractor's expense.

Detours or closures of facilities not specifically provided for in the contract (forpassage of public traffic) to facilitate the Contractor's operations or detours used exclusivelyby the Contractor for hauling materials and equipment shall be constructed, maintained(including all appropriate signs), and removed by the Contractor at his expense. TheEngineer will have authority to regulate the Contractor's hauling over such detour if suchhauling, in the judgment of the Engineer, interferes with the free and safe passage of publictraffic."

All signs shall be done professionally by a signage and graphics specialist who is

able to demonstrate an experienced and completed track record satisfactorily to theEngineer. Prior to the installation of any signs, the Contractor shall submit shop drawings ofthe proposed signs to the Engineer for review.

4.7 ACCESS ROADWAY AND LIMITATION OF OPERATIONS is hereby added to theGeneral Provisions.

"Access roadways to the facility will be provided by the State. Nothing contained inthe contract shall be interpreted as giving the Contractor exclusive occupancy of the territoryprovided. When two or more projects are being constructed at one time in the same oradjacent areas in such manner that work on one project may interfere with that of another,the Director will decide which contractor shall have priority in the performance of his work.

When the territory of one project is the necessary or convenient means of access forthe construction of another project, such privilege of access or any other reasonableprivilege may.be granted by the Director to the Contractor so desiring, to the extent, amountand in the manner and at the time permitted. No such decision as to the method or time ofconducting the work or the use of territory shall be made the basis of any claim for delay ordamage.

Lands to be furnished by the State for equipment storage, construction operationsand other purposes, if any, will be specifically shown on the drawings or provided forelsewhere in the contract. Should the Contractor find it necessary or advantageous to useany additional land for storage area or other purposes during the execution of the work, heshall provide for the use of such lands at his own expense.

The Contractor shall conduct his work at all times in such a manner and in asequence that will assure the least interruption with the public, other contractors, andtenants. Appropriate professionally produced informational signage shall be installed by theContractor at his expense to inform the public of closures and detours.

The Contractor shall keep all personnel and equipment off the area not specificallydesignated for work under this contract. Whenever the Contractor's equipment is not in use,they shall be removed from the job site.

At the end of each working day, the Contractor shall assume liability for leaving his

equipment and materials on the job

site. The State shall not be responsible for any damageor loss of his equipment or materials in the area.

Failure on the part of the Contractor to abide by the above may result in suspensionof work."

4.9 FIELD SURVEYS, INSPECTIONS AND TESTING is hereby added to the GeneralProvisions:

"All field surveys required for construction stakeout and pay quantity measurementsshall be paid for by the Contractor.

13



All testing services called for in the Contract documents shall be provided by theContractor, at no cost to the State, unless otherwise indicated within the various sections ofthe Contract specifications."

4.10 COVENANT OF GOOD FAITH AND FAIR DEALING is hereby added to the GeneralProvisions:

"A. This contract imposes an obligation of good faith and fair dealing in itsperformance and enforcement.

B. The Contractor and the Department of Transportation, with a positivecommitment to honesty and integrity, agree to the following mutual duties:

1. Each will function within the laws and statutes applicable to their dutiesand responsibilities.

2. Each will assist in the other's performance.

3. Each will avoid hindering the other's performance.

4. Each will proceed to fulfill its obligations diligently.

5. Each will cooperate in the common endeavor of the contract."

ARTICLE V-CONTROL OF WORK

5.1 AUTHORITY OF THE DIRECTOR-The Director will decide all questions which mayarise regarding the quality and acceptability of materials furnished and work performed andthe rate of progress of the work, the interpretation of the plans and specif ications, theacceptable fulfillment of the contract, and compensation. His estimates and decisions uponall claims, questions and disputes will be final and conclusive.

The Director may enforce in any suitable manner the decisions and orders which theContractor fails to carry out promptly and diligently.

The Director may, for such periods as he may deem necessary, suspend the work inwhole or in part (1) for failure of the Contractor to correct unsafe conditions for the workmenor the general public, carry out provisions of the contract, or carry out orders; and (2) forunsuitable weather, for conditions considered unsuitable for the prosecution of the wor k, orfor any other condition or reason deemed to be in the public interest.

5.2 PLANS AND WORKING DRAWINGS-The plans furnished by the State consist ofgener al dr awings and show details necessary to give a comprehensive idea of theconstruction contemplated. All authorized alterations affecting the requirements andinformation given on the plans shall be in writing. The Contractor shall keep one set ofplans available on the job at all times.

The Contractor shall furnish working drawings for structures which shall consist of thedetailed plans required to control the work. The working drawings to be furnished by theContractor shall include, but not be limited to, stress sheets, anchor bolt layouts, shopdetails, erection plans, cribs, cofferdams, falsework, centering, form work and othertemporary work and methods of construction.

The Contractor shall be responsible for the accuracy of dimensions and details, andfor agreement of dimensions and details. He shall be responsible for the agreement andconformity of his working drawings with the plans and specifications.

All working drawings must be approved by the Director and such approval shall not

operate to relieve the Contractor of his responsibility under the contract for the successfulcompletion of the work. No change shall be made in any approved working drawingswithout the written permission of the Director. The contract price includes the cost offurnishing all working drawings and no additional compensation will be allowed therefor .

"The Contractor shall also maintain at the job site one (1) copy of the specifications,addenda, approved shop drawings, change orders and other modifications in good order andmarked to record all changes made during construction.

14



Revisions to the drawings may be made, and when deemed necessary by theEngineer during progress of the work, additional detailed drawings will be furnished to theContractor. These additional drawings will be considered as forming part of the Contract.

The Contractor shall provide and maintain in good order a complete set of full-sizeblue line contract drawings. Actual location of work shall be clearly recorded as the workprogresses including all changes to the contract and equipment size and type. Drawingsshall be available at the site at all times for inspection.

The Contractor at his own expense, shall incorporate all field changes, PostConstruction Document (PCD) Changes, etc. in a clearly legible manner utilizing the symbolsof the Contract drawings onto the blueline contract drawings. All underground stubouts shallbe dimensionally located from the building structure. At completion of all work under thecontract, the Contractor shall submit to the Engineer a set of Record Drawings, signed anddated."

5.3 CONFORMITY WITH PLANS AND SPECIFICATIONS-The work shall be completedin conformity with the specified values and dimensions set forth in the contrac t. However,deviations as may be required by the exigencies of construction which do not affect theperformance of the completed work may be allowed by the Director.

During the course of the work, samples may be tested and measurements made toestablish whether or not the specified values or dimensions are being met. If the specifiedvalues or dimensions are not being met, the Director will determine the degree of the non-conformance, the effect on the serviceability of the project, whether the work will beaccepted and remain in place and, if so, the amount to be paid for such work, or whether the

work shall be removed and replaced or otherwise corrected at the Contractor's expense.5.4 FURNISHING AND COORDINATION OF PLANS AND SPECIFICATIONS-"Thespecifications, project plans, special provisions and supplementary documents are essentialparts of the contract. A requirement occurring in one is as binding as though occurring in all.The intent of the specifications, project plans, special provisions and supplementarydocuments is to complement, describe and provide for the complete work.

Unless otherwise directed by the Engineer, in case of conflict between contractualdocuments, the stricter requirement shall govern. If dimensional discrepancy occurs,calculated dimensions will govern over scaled dimensions."

"The Contractor shall not take advantage of apparent errors or omissions in thecontract. If the Contractor discovers such an error or omission, the Contractor shall notify theEngineer immediately. The Engineer will then make such corrections consistent with theintent of the contract."

The Contractor shall give the work the attention necessary to facilitate the progressthereof, and shall cooperate with the Director, his inspectors, and other contractors in every

way possible. The Contractor shall have on the work at all times, as his agent, a competent

superintendent· capable of thoroughly understanding the plans and specifications andthoroughly experienced in the type of work being performed. The superintendent shall havefull authority to execute orders or directions of the Director without delay, and to promptlysupply such materials, equipment, tools, labor and incidentals as may be required. Suchsuperintendence shall be furnished irrespective of the amount of work subcontracted.

5.5 COOPERATION BETWEEN CONTRACTORS-The State reserves the right at anytime to contract for or otherwise perform other or additional work on or near the workcovered by the contract.

"When other State contracts and other than State contracts are let within the limitsof any one project," the Contractor shall, to the extent ordered by the State, conduct his workso as not to interfere with or hinder the progress or completion of the work being performedby other contractors. Contractors working on the same project shall cooperate with each

other as directed. The Contractor assumes all burdens, financial or otherwise, in connection with hiscontract and releases the State from any and all liability for damages because ofinconvenience, delay, or loss experienced by him because of the presence and operations ofother contractors working within the limits of the same project.

The Contractor shall arrange his work and shall place and dispose of the materialsbeing used so as not to interfere with the operations of the other contractors within the limitsof the same project. He shall join his work with that of the others in an acceptable mannerand shall perform it in proper sequence to that of the others.

15



5.6 AUTHORITY AND DUTIES OF PROJECT ENGINEER- "The engineer hasimmediate charge of the engineering details of each construction project."

5.7 DUTIES OF THE INSPECTOR-Inspectors employed by the State are authorized toinspect all work done and materials furnished. Such inspection may extend to all or any partof the work and to the preparation, fabrication or manufacture of the materials to be used.The inspector may not alter or waive the provisions of the contract, issue instructionscontrary to the plans and specifications, or act as foreman for the Contractor .

5.8 INSPECTION OF WORK-All materials and each part or detail of the work shaft besubject to inspection by the Director. The Director shall be allowed access to all parts of thework and shall be furnished with such information and assistance by the Contractor as isrequired to make a complete and detailed Inspection.

Any time prior to the acceptance of the work, for the purpose of detailed inspection,the Contractor shall remove or uncover such portions of the work as may be directed. AfterInspection, the Contractor shall restore said portions of the work to the standard required bythe specifications. If the work exposed and inspected is acceptable, the uncovering, orremoving, and the replacing of the covering or making good of the portions removed will bepaid for as extra work; but if the work is unacceptable, the work and making good of theportion removed will be at the Contractor's expense.

Any work done or materials used without supervision or inspection by an authorizedrepresentative of the State may be ordered removed and replaced at the Contractor'sexpense unless the said representative failed to inspect the work after being givenreasonable notice in writing that the work was to be performed.

The provisions of the preceding paragraphs are not intended to cover sampling,testing and measurement normally performed as a routine procedure by the State.

The inspection of the work shall not relieve the Contractor of any of his obligations tofulfill his contract as prescribed, and defective work shall be made good and unsuitablematerials may be rejected, notwithstanding that such defective work and materials havebeen previously overlooked and accepted or estimated for payment.

5.9 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK-All work notconforming to the requirements of the contract will be considered unacceptable work.

Unacceptable work caused by poor workmanship, use of defective materials,damage through carelessness or any other cause, and found to exist prior to the finalacceptance of the work, shall be removed immediately and replaced in an acceptablemanner .

Any work done beyond the limits shown on the plans and specifications orestablished by the Director or any extra work done without written authority will be

considered unauthorized and will not be paid for. Unauthorized work may be orderedremoved or replaced by the Director at the Contractor's expense.

If the Contractor fails to remedy upon notice a situation caused by unacceptable orunauthorized work, the Director may cause unacceptable work to be remedied or removedand replaced and unauthorized work to be removed and he may deduct the costs from anymonies due or to become due the Contractor .

5.10 MAINTENANCE OF THE WORK-The Contractor shall maintain the work until theproject is accepted.

All costs of maintenance during construction and before the project is finally acceptedare included in the unit or lump sum prices bid on the various pay items and the Contractorwill not be paid an additional amount for such maintenance.

"Due to the necessity that the Airport remain operational, the Contractor will berequired to schedule his working hours in such manner as to minimize interference withmovement of aircraft, passengers, service vehicles and vehicular and foot traffic as requiredand as may be directed by the Engineer.

The Contractor will not be granted any assistance by the State in obtainingpreference ratings on construction equipment. The Contractor must own, or have access to,sufficient equipment to complete the project within the agreed time limit without the necessityfor a preference rating to obtain additional units. The Contractor shall be responsible toadequately maintain all such equipment to the end of the project.

No equipment or construction materials may be parked or stored closer than 750 feetfrom active airport operation areas, namely runways, taxiways and aprons. Equipmentworking closer than this distance will require clearance from the Engineer and coordination

16



with the FAA. No roadways shall be closed or opened, except by express permission fromthe Engineer.

If it is necessary to move equipment or large material in the airport operating area, itshall be escorted by an airport operations personnel, or radio contact with the Air TrafficControl Tower.

The Contractor shall control the generation of dust by his operation in constructionzones, along haul routes and in equipment parking areas at all times. The control of dust

may be accomplished by sprinkler water or by other methods as required. There will not beseparate payment for this item. The cost will be considered incidental to the price for theappropriate items. In addition, the Contractor shall comply with all applicable standards,orders, or regulations passed pursuant to the Clean Air Act of 1970.

The Contractor shall suspend dust causing operations when dust control measuresare inadequate. Work may be resumed by improving dust control methods or when dustdoes not affect airport operations. During very windy conditions, the Director may require theContractor to suspend all dust causing operation and may limit his working hours.

The Contractor shall be liable for and shall indemnify the State and its ManagingConsultant against any damage caused by dust arising out of the Contractor's negligentmaintenance and control of dust.

Materials stored within the airport shall be so placed and the work shall, at all times,be so conducted as to cause no greater obstruction to the ground traffic than is considerednecessary by the Director. No roadways shall be closed or opened, except by expresspermission of the State as obtained through the Director.

The Contractor shall keep all personnel and equipment off the areas which are notincluded in this construction, except as necessary to the performance hereunder.

During the performance of the work and upon termination or completion thereof andat the end of each working day, the Contractor shall remove all debris and waste resultingfrom his operations and keep and leave the site of work in satisfactory condition."

If the Contractor, at any time, fails to properly maintain the work, the Director willnotify the Contractor of such non-compliance. If the Contractor fails to property maintain thework within twenty-four (24) hours after receipt of such notice, the Director may immediatelymaintain the project, and the entire cost of this maintenance will be deducted from moniesdue or to become due the Contractor .

5.11 FINAL CLEANING UP-Before final inspection of the work, the Contractor shall cleanthe project site and other sites used by him in connection with the work. The work shall beleft in a neat and presentable condition. Full compensation for final cleaning up is includedin the prices paid for the various contract items of work, and no separate or additional

payment will be made therefor. 5.12 ACCEPTANCE

A. PARTIAL ACCEPTANCE-If, during the prosecution of the project theContractor completes a unit or portion of the project, see p.5-6. If the Directorfinds that the unit has been substantially completed in compliance with thecontract, he may accept that unit or portion of the project as being completedand the Contractor may be relieved or further responsibility for that unit orportion of the project. Such partial acceptance shall in no way void or alter anyof the terms of the contract.

B. FINAL ACCEPTANCE-Upon notice from the Contractor of completion of theentire project, the Director will make an inspection. If the contract is foundcompleted to the Director's satisfaction, such inspection shall constitute the finalinspection and the Director will notify the Contractor in writing of hisacceptance.

If the inspection discloses any unsatisfactory work, the Director will notify theContractor in writing of the particular items or portions of the work that are unsatisfactorilyperformed. The Contractor shall immediately remedy the unsatisfactory items or portions ofthe work. Upon completion of the remedial work, the Contractor shall notify the Director whowill make another inspection. If such inspection discloses the work has been satisfactorilycompleted, the Director will notify the Contractor in writing of the acceptance as of the dateof the final inspection. Any unit which becomes damaged by the Contractor through his usethereof shall be repaired, replaced, or restored at his expense to the satisfaction of theDirector .

17



5.13 CLAIMS FOR ADJUSTMENT AND DISPUTES:-If the Contractor deems thatadditional compensation is due him for work or material not clearly covered in the contract ornot ordered by the Director as extra work, as defined herein, the Contractor shall notify theDirector in writing of his intention to make claim for such extra compensation ten (10) daysbefore he begins the work on which he bases the claim and shall afford the Director everyfacility for keeping an accurate account of the actual cost of the work. Failure on the part ofthe Contractor to give such notification or to afford the Director proper facilities for keepingstrict account of actual cost will constitute a waiver of the claim for such additional

compensation. The filing of the notice of such claim by the Contractor and the keeping ofcost by the Director shall not in any way be construed to establish the validity of the claim.If the Director considers the claim justified, payment will be made as extra work. Theprovisions of this Section shall not be construed as establishing any claim contrary to theterms of Section 4.3.

5.14 VALUE ENGINEERING-On projects with contract amounts in excess of $100,000,the following Value Engineering Incentive Clause shall apply to allow the Contractor to sharein cost savings that ensue from cost reduction proposals submitted by him.

Value Engineering Incentive Clause

A. This clause applies to all Value Engineering Change Proposals (cost reductionproposals, hereinafter referred to as "VECP") initiated and developed by theContractor for changing the drawings, designs, specifications, or otherrequirements of this contract. This clause does not, however, apply to any VECPunless it is identified as such by the Contractor at the time of its submission to

the Director. B. ALL VECP must:

(1) result in a savings to the State by providing less costly items than thosespecified herein without impairing any of their essential functions andcharacteristics such as service life, reliability, economy of operation,ease of maintenance, desired appearance; and

(2) require, in order to be applied to this contract, a change order to thiscontract.

C. The VECP will be processed expeditiously and in the same manner asprescribed for any other proposal which would likewise necessitate issuance of acontract change order. As a minimum, the following information will be submittedby the Contractor with each proposal:

(1) a description of the difference between the existing contract requirementand the VECP, and the comparative advantages and disadvantages of

each; (2) an itemization of the requirements of the contract which must be changedif the VECP is adopted and a recommendation as to how to make eachsuch change;

(3) an estimate of the reduction in performance costs that will result fromadoption of the VECP taking into account the costs of implementationby the Contractor, including any amounts attributable to subcontracts, andthe basis for the estimate;

(4) a prediction of any effects the VECP would have on other costs to theState, such as State-furnished property costs, costs of related items, andcosts of maintenance and operation;

(5) a statement of the time by which a change order adopting the VECP mustbe issued so as to obtain the maximum cost reduction during the

remainder of this contract, noting any effect on the contract time; and(6) the dates of any previous submissions of the VECP, the numbers of any

Government contracts under which submitted and the previous actions bythe Government, if known.

D. The State shall not be liable for any delays in acting upon, or for any failure toact upon any proposal submitted pursuant to this clause. The decisions of theDirector as to the acceptance of any VECP under this contract shall be final.Unless and until a change order applies a VECP to this contract, the Contractorshall remain obligated to perform in accordance with the terms of the existing

1 8



contract. The Director may accept in whole or in part any VECP submittedpursuant to this clause by issuing a change order which will identity the VECP onwhich it is based.

E. If a VECP submitted pursuant to this clause is accepted under this contract, anequitable adjustment in the contract price and in any other affected provisions ofthis contract shall be made in accordance with this clause and the "Changes"clause of this contract. The equitable adjustment shall first be established by

determining the effect on the Contractor's cost of performance, taking intoaccount the Contractor's cost of implementing the change (including any amountattributable to subcontracts). The contract price shall then be reduced by thetotal estimated decrease in the cost of performance minus fifty percent (50%) ofthe difference between the amount of such total estimated decrease and anyascertainable costs to the State which must be incurred to apply the VECP tothis contract.

F. Cost reduction proposals submitted under the provisions of any other contractalso may be submitted under this contract for consideration pursuant to theterms of this clause.

G. The Contractor may restrict the right of the State and/or Federal government(hereinafter referred to as "Government") to use any sheet of a VECP or of thesupporting data, submitted pursuant to this clause, in accordance with the termsof the following legend if it is marked on such sheet.

"This data furnished pursuant to a value engineering incentive clause shall not

be disclosed outside the Government, or be duplicated, used, or disclosed, inwhole or in part, for any purpose other than to evaluate a value engineeringchange proposal submitted under said clause. This restriction does not limit theGovernment's right to use information contained in this data if it is or has beenobtained from another source, or is otherwise available, without limitations. Ifsuch a proposal is accepted by the State by issuance of a change order underthe "Changes" clause of said contract after the use of this data in such anevaluation, the Government shall have the right to duplicate, use and discloseany data pertinent to the proposal as accepted, in any manner and for anypurpose whatsoever, and have others so do".

In the event of acceptance of value engineering proposal, the Contractor herebygrants to the Government all rights to use, duplicate or disclose in whole or part, in anymanner and for any purpose whatsoever, and to have or permit others to do so, any datareasonably necessary to fully utilize such proposal. Contract modifications made as a resultof this clause will state that they are made pursuant to it.

5.15 ENGINEERING WORK is hereby added to the General Provisions:

"The Contractor shall, subject to the approval of the Engineer, properly andaccurately lay out the work and shall perform all engineering work and furnish all engineeringmaterials and equipment required to establish and maintain all lines and grades called for onthe plans or required in the progress of construction, unless otherwise noted in thespecifications. The Contractor will be held definitely and absolutely responsible for any errorsor faults in the work resulting from errors in engineering performed under the requirements ofthis contract to the entire satisfaction of the Engineer. Full compensation for the work shallbe included in the prices paid for the various contract items of work. No additional allowancewill be made for the correction of incorrect engineering work. The Engineer shall furnish therequisite reference points."

5.16 INDEPENDENT CONTRACTOR, SUPERINTENDENCE, AND EMPLOYEES ishereby added to the General Provisions:

"It is understood and agreed that the Contractor shall act as an independent

Contractor in performing work under the contract, maintaining complete control over hisemployees and all of his subcontractors. The Contractor shall perform all work in accordancewith his own methods subject to compliance with the contract. The Contractor shall performall work in an orderly and workmanlike manner, enforce strict discipline and order among hisemployees and assure strict discipline and order by his subcontractors.

Before starting work, the Contractor shall designate a competent authorizedrepresentative to represent and act for the Contractor and shall inform the Engineer in writing

19



of the name and address of such representative together with a clear definition of the scopeof his authority to represent and act for the Contractor, and shall specify any and alllimitations of such authority. Such representative shall be present or be duly represented atthe site of work at all times when work is actually in progress, and during periods when workis suspended, arrangements acceptable to the Engineer shall be made for any emergencywork which may be required. The Contractor's authorized representative shall be supportedby competent assistants, as necessary, and the authorized representatives and hisassistants shall be satisfactory to the Engineer. All directions, instructions, and other

communications given to the authorized representative by the Engineer shall be construedas if given to the Contractor.

The Contractor shall be responsible for maintaining labor relations in such mannerand by such methods as will provide for harmony among workmen, and, to the extentpermissible under Federal and State laws, shall be bound by terms and provisions of theagreement creating the National Joint Board for Settlement of Jurisdictional Disputes, andthe Contractor agrees that any decision or interpretation by such joint Board shall beimmediately accepted and complied with. The Contractor shall assure that hissubcontractors of all tiers comply with the provisions set forth in this Section."

5.17 ACCESS TO THE WORK is hereby added to the General Provisions:

"The State, the Administrator, the Engineer, their duly authorized representatives andemployees, and all duly authorized representatives of governmental bodies having jurisdiction of the work or areas or any part thereof shall at all times and for any purposeshave access to the work and the premises used by the Contractor for the purpose of

determining compliance with the contract requirements.The Contractor shall also arrange for the State, the Administrator, the Engineer, andtheir said representatives and Employees, to have access at all times to all places whereequipment or materials are being manufactured, produced, or fabricated for use under thiscontract. The Contractor and all of his subcontractors shall, whenever so requested, give theEngineer access to and copies of all purchase orders, all applicable drawings andspecifications, invoices, bills of lading, and similar data, from which prices have beenomitted. The Contractor shall, at his expense provide scales and assistance for weighing, orassistance for measuring any of the above items."

5.18 WAIVER OF CONTRACT PROVISIONS is hereby added to the General Provisions:

"None of the provisions of this contract shall be considered waived by the Stateunless such waiver is given in writing by the State. No such waiver shall be a waiver of anypast or future default, breach or modification of any of the terms, provisions, conditions orcovenants of the contract unless expressly stipulated in such waiver."

5.19 DELIVERY OF NOTICE is hereby added to the General Provisions:

"Any written notice to be given to the Contractor by the State or the Engineer may bedelivered to the Contractor's authorized representative on the site or mailed to the addressgiven by the Contractor in his Proposal. Any written notice to be given to the State or theEngineer by the Contractor shall be mailed or delivered to the Engineer at the location wherework is being performed."

5.20 ILLUMINATION OF WORK is hereby added to the General Provisions:

"When any work is performed at night or where daylight is shut off or obscured, theContractor shall at his expense, provide artificial light sufficient to permit the work to becarried on efficiently, satisfactorily and safely, and to permit thorough inspection. Lightingshall be installed so as not to cause glare or reflection to pilots of aircraft operating at theairport and to traffic controllers in the FAA Control Tower. The access to the place of workshall also be clearly illuminated. All wiring for electric light and power shall be installed andmaintained in a first-class manner, securely fastened in place, and shall be kept as far aspossible from telephone wires and signal wires."

5.21 OPERATION OF AIRPORT FACILITIES DURING CONSTRUCTION is herebyadded to the General Provisions:

"The General Contractor shall coordinate all phases of work under this contract withthe Engineer to permit the continuing operation of all existing Airport facilities which will beaffected by the performance of this contract.

For those construction activities which, in the opinion of the Engineer, will have asevere effect on Airport activities, the Engineer reserves the right to reschedule the workhours to non-standard work hours or to reschedule work time to a time period moreconvenient to Airport operations, with no additional cost to the State."

20



5.22 ENVIRONMENTAL PROTECTION is hereby added to the General Provisions:

"Definition: With the exception of those measures set forth elsewhere in thesespecifications, environmental protection shall consist of the prevention of environmentalpollution as the result of construction operations under this contract. For the purpose of thisspecification, environmental pollution is defined as the presence of chemical, physical, orbiological elements or agents which adversely affect human health or welfare, unfavorablyalter ecological balances of importance to human life, affect other species of importance to

man or degrade the utilization of the environment for aesthetic and recreational purposes. Appl icable Regulat ions: In order to provide for abatement and control of environmentalpollution arising from the construction activities of the Contractor and his subcontractors inthe performance of this contract, all work performed shall comply with the intent of allapplicable Federal, State and local laws and regulations concerning environmental pollutioncontrol and abatement, including, but not limited to, the following regulations:

1. State of Hawaii, Department of Health, Title 11, Administrative Rules, Chapter54, WATER QUALITY STANDARDS; Chapter 55, WATER POLLUTIONCONTROL.

2. State of Hawaii, Department of Health, AIR POLLUTION CONTROLSTANDARDS AND REGULATIONS.

3. State of Hawaii, Department of Health, NOISE CONTROL STANDARDS ANDREGULATIONS.

Construction: The Contractor shall confine construction activities to areas defined by the

drawings and specifications.Noise Control: All construction equipment shall be equipped with suitable mufflers tomaintain noise within levels complying with applicable regulations.

Dust Control: The Contractor shall take positive measures to ensure that dust is properlycontrolled. Chemical and/or oil treating shall not be used.

Erosion Control: Contractor shall provide any necessary temporary drainage, dikes, andsimilar facilities to prevent erosion damage to the site. Run-off shall be controlled to preventdamage to surrounding area.

Spillages: Care shall be taken to ensure that no petroleum products, bituminous materials,or other deleterious substances, including debris, are allowed to fall, flow, leach, or otherwiseenter sewage systems or storm drains.

Burning: Will not be permitted on airport property.

Restoration of Landscape Damage: Any landscape feature scarred or damaged by theContractor's equipment or operations shall be restored as nearly as possible to its original

condition at the Contractor's expense.Site Cleanup: The construction site shall be restored to its original condition and shall be leftclean, free from all objectionable material and in a condition acceptable to the Engineer.Payment: Any costs incurred in compliance with environmental protection shall be borne bythe Contractor. No separate payment will be made to the Contractor for measures requiredby environmental controls during construction."

ARTICLE VI-CONTROL OF MATERIAL

6.1 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS-The materials used on thework shall meet all quality requirements of the contract. In order to expedite the inspectionand testing of materials, the Contractor shall notify the Director of his proposed sources ofmaterials within ten (10) days after the date of award of the contract on form furnished by the Department. At the option of the Director, materials may be approved at the source of

supply before delivery is started. If it is found after trial that sources of supply for previouslyapproved materials do not produce specified products the Contractor shall furnishacceptable materials from other sources.

6.2 NATURAL MATERIAL SOURCES-Possible sources of natural materials may bedesignated on the plans and described in the specifications. The quality of material in suchdeposits will be acceptable in general, but the Contractor shall determine for himself theamount of equipment and work required to produce a material meeting the specifications. Itis understood that it is not feasible to ascertain from samples the limits of an entire deposit.

21



and that variations are usual and to be expected. The Director may order procurement ofmaterial from any portion of a deposit and may reject portions of the deposit asunacceptable.

The State may make available to the Contractor the right to take materials from thesources designated on the plans and described in the specifications, together with the rightto use such property as may be specified, for plant site, stockpiles and hauling roads.

If the Contractor desires to use material from sources other than those designated,

he shall acquire the necessary rights to take materials from the sources and shall pay allcosts related thereto, including any which may result from an increase in length of haul. Allcosts of exploring and developing such other sources shall be borne by the Contractor. Theuse of material from other than designated sources will not be permitted until representativesamples taken by the Director have been approved and written authority is issued for the usethereof .

When material deposits are not designated in the specifications, the Contractor shallprovide sources of material acceptable to the Director .

When sources of material or material deposits are provided by the Contractor, theState will assume the cost of processing samples to determine the suitability of the material.

Unless otherwise permitted, pits and quarries shall be so excavated that water willnot collect and stand therein.

Upon completion of the work, sites from which material has been removed shall beleft in a neat and presentable condition as approved by the Director . Where practicable,

borrow pits, gravel pits, and quarry sites shall be located so that they will not be visible fromthe highway.

6.3 QUARRIES AND PITS ON STATE LAND-If suitable rock, gravel, sand, earth andother such material are available on lands owned by the State which will meet therequirements of the work and can be removed without damaging said lands, the Contractormay remove and use same; provided that he shall make written arrangements with theappropriate agency having jurisdiction over said lands to remove and use such material,designating the location from which he will remove the same, the purpose for which it will beused and the approximate quantity involved. The Contractor shall not remove any suchmaterial until a copy of the written arrangement is submitted to the State. The Statereserves the right to dir ect the Contractor's operations and insure maximum utilization ofavailable material and to set grading limits at any time to prevent damage to abutting privateor public property.

6.4 RIGHTS IN ANDUSE OF MATERIAL S FOUND ON THE WORK-With the approvalof the Director , the Contractor may use on the project any stone, gravel, sand, or othermaterial determined suitable by the Director, as may be found in the excavation. TheContractor will be paid both for the excavation of such materials at the correspondingcontract unit price and for the pay item for which the excavated materials used. He shallreplace at his own expense with other acceptable material all of that portion of theexcavation material so removed and used which was needed for use in the embankments,backfills, approaches, or otherwise. No charge for the materials so used will be madeagainst the Contractor . The Contractor shall not excavate or remove any material not withinthe grading limits, as indicated in the plans, without written authorization from the Director .

Unless otherwise provided, the material from any exiting old structure may be usedtemporarily by the Contractor in the erection of the new structure.

6.5 SAMPLES, TESTS, CITED SPECIFICATIONS-All materials will be inspected, testedand accepted by the Director before incorporation in the work. Any work in which untestedmaterials are used without approval or written permission of the Director shall be performedat the Contractor's risk and may be considered unacceptable and unauthorized and will notbe paid for. When requested by the Director , the Contr actor shall furnish certificates of

compliance stating that the materials used in the work conform to the requirements of thesespecifications.

"Unless otherwise designated by the Engineer, all sampling and testing inaccordance to the most current testing methods, as of the date of advertisement of bids, willbe done at the Contractor's expense."

The Contractor shall furnish samples required by the State without charge, provideevery facility for the securing of material samples, and provide means and assist in theverification of all scales, measures and other devices which he operates.

22



The State reserves the right to retest all materials which have been tested andaccepted at the source of supply after the same have been delivered, prior to incorporationinto the work and to reject all materials which, when tested, do not meet the requirements ofthe contract.

"Wherever in the specifications there appears the statement, "color to be selected" or"colors shall be as selected," the Contractor shall accordingly submit samples showing suchcolors so as to expedite the preparation of a color schedule.

Any certificates for demonstrating proof of compliance of materials with specificationrequirements shall be executed in six (6) copies. Each certificate shall be signed by anauthorized officer of the manufacturing company and shall contain the name and address ofthe Contractor, the project name and location, and the quantity and date or dates orshipment or delivery to which the certificates were sent and shall contain the name andaddress of the testing laboratory and the date or dates of the tests to which the reportapplies. Certification shall not be construed as relieving the Contractor from furnishingsatisfactory material, if, after tests are performed on selected samples, the material is foundnot to meet the specific requirements.

If a submittal is returned for correction or is not satisfactory and is disapproved by theEngineer, the Contractor shall resubmit the corrected material in the same quantity, asspecified for the original submittal, for approval within five (5) calendar days after receipt byhim of the disapproved material."

6.6 PLANT INSPECTION-The Director may undertake the inspection of materials at thesource.

In the event plant inspection is undertaken the following conditions shall be met: (1) The Director shall have the cooperation and assistance of the Contractor

and the producer with whom the Contractor has contracted for materials.

(2) The Director shall have full entry at all times to such parts of the plant asmay concern the manufacture or production of the materials beingfurnished.

(3) If required by the Director, the Contractor shall arrange for an approvedbuilding for the use of the inspector; such building to be locatedconveniently near the plant, independent of any building used by thematerial producer, and conforming to requirements of the plans andspecifications.

(4) Adequate safety measures shall be provided and maintained by theContractor.

(5) For portland cement concrete, asphaltic concrete and aggregate crushing

plants, the Contractor shall furnish a suitable building adjacent to the plantfor the purpose of testing materials. In addition, the Contractor shallfurnish for use by the Director laboratory scales, a motorized shaker,sieves and an oven or equivalent equipment approved by the Director.

When plant inspection is desired by the State and the State so informs theContractor, the Contractor shall notify the Director twenty-four (24) hours prior to thebeginning of such operations.

If the Contractor intends to use a plant or facility which has not been in use and hasnot been previously inspected and approved, the Contractor shall notify the Director at leastten (10) days before operating such plant or facility.

6.7 STORAGEOF MATERIALS-Materials shall be so stored as to assure thepreservation of their quality and fitness for the work. Stored materials, even thoughapproved before storage, may again be inspected prior to their use in the work. Storedmaterials shall be located so as to facilitate their prompt inspection. Approved portion of the

Department's property may be used for storage purposes and for the placing of theContractor's plant and equipment, but any additional space required therefor must beprovided by the Contractor at his expense. Private property shall not be used for storagepurposes without written permission of the owner or lessee, and if requested by the Director,copies of such written permission shall be furnished to him. All storage sites shall berestored to their original condition by the Contractor at his expense.

6.8 HANDLING MATERIALS-All materials shall be handled in such manner as topreserve their quality and fitness for the work. Aggregates shall be transported from thestorage site to the work in vehicles so constructed as to prevent loss or segregation of

23



materials after loading and measuring in order that there may be no inconsistencies in thequantities of materials intended for incorporation in the work as loaded, and the quantities asactually received at the place of operations.

6.9 UNACCEPTABLE MATERIALS-All materials not conforming to the requirements orthe specifications at the time they are used shall be considered unacceptable and all such materials will be rejected and shall be removed immediately from the site of the work unless

otherwise instructed by the Director.No rejected material, the defects of which have been corrected, shall be used until approvalhas been given. "No asbestos and PCB materials and/or products shall be allowed."

6.10 DEPARTMENT-FURNISHED MATERIAL -The Contractor shall furnish all materialsrequired to complete the work except those specified to be furnished by the Department.

Material furnished by the Department will be delivered or made available to theContractor at the points specified in the specifications.

The cost of handling and placing all materials after they are delivered to theContractor are included in the contract price for the item in connection with which they areused.

The Contractor is responsible for all material delivered to him.

6.11 TRADE NAMES AND ALTERNATIVES-For convenience of designation, certainequipment, articles or materials may be designated on the plans or in the specificationsunder a trade name or the name of a manufacturer and his information catalogue. The use

of alternate equipment, articles or materials of equal quality and characteristics for thepurpose intended will be permitted, upon approval of the Director, in accordance with thefollowing requirements.

A. QUALIFICATION BEFORE BID OPENING-When the specifications and/orplans specify brand materials or equipment by brand name to indicate a quality,style, appearance, or performance, the bidder will be assumed to have based hisbid on one of the specified products, and where such proprietary product isspecified, an alternate brand may be qualified if found equal or better by theDirector. Bidders requesting qualification of alternate proprietary products mustsubmit a request to the Director for review and approval at the earliest datepossible, but in any event, such request must be received at the Director's officenot later than "fourteen (14) calendar days" before the bid opening date, notincluding the bid opening date.

It shall be the responsibility of the bidder to submit in quintuplicate, sufficientevidence based upon which a determination can be made by the Director that the alternate

brand is qualified. The evidence shall be transmitted with a covering letter which shall list theevidence submitted and the items for which the substitution is requested.

If the evidence accompanying a request for substitution is insufficient to qualify aparticular model, the request shall be denied provided that further evidence may besubmitted to qualify the Item five (5) days prior to the bid opening date if the initial requestwas made prior to the deadline set above.

B. SUBSTITUTION AFTER BID OPENING-Substitution of material or equipmentwill not be allowed after the bid opening date except under the followingcircumstances:

(1) A specified or prequalified item is delayed by a lengthy strike in thefactory or other unforeseeable contingency beyond the control of theContractor which would cause an abnormal delay in the projectcompletion.

(2) A specified or prequalified item is found to be unusable due to change

or other circumstances.(3) If the Contractor is willing to provide a more recently developed or

manufactured item of material or equipment of the same manufacturerwhich the Director determines to be equal or better than the onespecified or prequalified.

A substitution request, regardless of reason, shall be fully explained in writing, by theContractor and shall include his justification for said request, the quantities and unit pricesinvolved, quotations and such other documents as are deemed necessary to support the

24



request. Substitutions allowed pursuant to this provision, with the exception of thecircumstance described under (B)3, do not qualify as value engineering. Any savings in costwill accrue to the State except where value engineering applies, and any additional cost forthe substituted items will be paid for by the Contractor.

The above shall not be construed to mean that substitution for brand name specifiedmaterials and equipment will be allowed; the Director reserves the right to deny any requesthe deems irregular or not in the best interest of the State.

The burden of proof as to the comparative quality and suitability of alternateequipment, articles or materials shall be upon the Contractor and he shall furnish, at his ownexpense, all information necessary or related thereto as is required by the Director. TheDirector shall be the sole judge of the comparative quality and suitability of alternates and hisdecision is final.

The above provisions shall not be construed as permitting the use of alternates forequipment, articles or materials which are not designated under a trade name or the name ofa manufacturer and his information catalogue and for which specifications are set forth.

6.12 AMERICAN PRODUCTS PREFERENCE-Preference shall be given to Americanproducts, materials and supplies in accordance with Section 103-24, H.R.S.

6.13 PREFERENCE FOR HAWAII PRODUCTS-In case Hawaii products, as defined inSection 103-41, H.R.S., are available and meet minimum specifications, the Director willdescribe, in the specifications for the work to be performed, the products listed in the Hawaiiproducts list established pursuant to Section 103-42, H.R.S., which may be used in the workto be performed. Any bidder utilizing Hawaii products may claim the preferences stated in

Section 103-43,H.R.S.,provided that such bidder designates in his bid the Hawaii productsand the classes hereof and provided also that such products are qualified and registeredwith the Hawaii products list. For the purpose of determining the lowest bid price only, theprovisions of Section 103-43, H.R.S., shall also apply. Any contract awarded or executed inviolation of said Section 103-43 shall be void and no payment shall be made on account ofsuch contract.

This Section shall not apply to contracts when its application will disqualify the Statefrom receiving federal funds or aid.

6.15 ORDERING OF MATERIALS AND EQUIPMENT is hereby added to the GeneralProvisions:

"The Contractor shall be authorized for the procurement of materials and equipmentupon the award of contract. He shall take the necessary measures in accordance with theapplicable contract provisions to procure all long lead delivery items.

If the award of contract is rescinded for any reason, the Department will purchasesuch materials and equipment from the Contractor at cost. The cost shall include: costs of

materials based on invoices, costs of transporting or delivering to the job site or locationdesignated by the Engineer, and State Excise Taxes, but shall not include the Contractor'sand/or Subcontractor's profit."

6.16 DISPOSITION OF MATERIAL is hereby added to the General Provisions:

"Waste: The Contractor shall dispose of all surplus excavation rubbish, debris, and refuseby hauling them off the Airport property at his own expense.

Stockpiles: When stockpiling of suitable excavated materials is necessary, the materialshall be hauled and stored in an area authorized by the Engineer within the project site. Noexcavated material shall be stockpiled at any time in a manner that may endanger traffic, orthat may in any other way be detrimental to the completed work, health or the operation ofthe airport."

6.17 BUY AMERICAN STEEL AND MANUFACTURED PRODUCTS is hereby added tothe General Provisions.

a. "The Aviation Safety and Capacity Expansion Act of 1990 provides that

preference is given to steel and manufactured products produced in the UnitedStates when funds are expended pursuant to a grant issued under the AirportImprovement Program. The Contractor agrees, by submission of this proposalor acceptance of this contract, that only domestic steel and manufacturedproducts will be used by the Contractor, subcontractors, materialmen, andsuppliers in the performance of this contract, as defined below. The followingterms shall apply to this clause:

25



1. Steel and Manufactured Products. As used in this clause, steel andmanufactured products include (1) those produced in the United Statesor (2) a manufactured product produced in the United States, if the costof its components mined, produced or manufactured in the UnitedStates exceeds 60 percent of the cost of all its components and finalassembly has taken place in the United States. Components of foreignorigin of the same class or kind as the products referred to insubparagraphs b.1 or b.2 shall be treated as domestic.

2. Components. As used in this clause, components means thosearticles, materials, and supplies incorporated directly into steel andmanufactured products.

3. Cost of Components. This means the costs for production of thecomponents, exclusive of final assembly labor costs.

b. The successful bidder shall submit within 30 days after Contract Awardappropriate documents which assures only domestic steel and manufacturedproducts will be used by the Contractor, subcontractors, material men, andsuppliers in the performance of this contract, except those:

1. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not producedin the United States in sufficient and reasonably available quantitiesand of a satisfactory quality;

2. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domesticpreference would be inconsistent with the public interest; or

3. that inclusion of domestic material will increase the cost of the overallproject contract by more than 25 percent.

ARTICLE VII-LEGAL RELATIONS AND RESPONSIBILITY TO

PUBLIC

7.1 LAWS TO BE OBSERVED-The Contractor shall at all times observe and comply with all Federal, State, County and City laws, ordinances, rules and regulations which in any manner affect those engaged or employed in the work, the materials used in the work, andthe conduct of the work. The Contractor shall also comply with all such orders and decreesof bodies or tribunals having any jurisdiction or authority over the work. Any reference tosuch laws, ordinances, rules and regulations shall include any amendments thereto. "TheContractor shall be responsible for the compliance by subcontractors of all tiers with theseprovisions. It is understood and agreed by the Contractor and any subcontractor that theyare responsible for maintaining security located within the project limits and will be fined$1,000.00 per incident for any breach of security at these locations."

"The Contractor shall hold harmless, indemnify, defend and where appropriate,insure the State, the Director, the Consultant, their directors, officers, representatives, agentsand employees, against any claim or liability arising from or based on the violation of anysuch laws, ordinances, rules and regulations, orders or decrees, whether such violation iscommitted by the Contractor or his subcontractor or the employee or either or both. If anydiscrepancy or inconsistency is discovered in the contract for the work in relation to any suchlaws, ordinances, rules and regulations, orders or decrees, the Contractor shall forthwithreport the same to the Director in writing.

Attention is directed to Hawaii Employment Relations Act, Chapter 377,H.A.S.;Hawaii

Employment Security Law, Chapter 383, H.R.S.; Wage and Hour Law, Chapter 387,H.R.S.;Payment of Wages and Other Compensation, Chapter 388,H.R.S.; Industrial Safety,Chapter 376, H.R.S.; and Workmen's Compensation Law, Chapter 386, H.R.S. "Allcontracts shall comply with the Copeland 'Anti-Kick Back' Act (18USC 874) as supplementedin Department of Labor Regulations (20 CFR Part 3).

Pursuant to the Clean Air Act and Federal Water Pollution Control Act (applicable tocontracts and subcontracts which exceed $100,000):26



1. The Contractor and all of his subcontractors stipulate that any facility utilized inthe performance of this contract or to benefit from this contract is not listed onthe Environmental Protection Agency (EPA) List of Violating Facilities.

2. The Contractor agrees to comply with all the requirements of Section 114 of theClean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of theFederal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.relating to inspection, monitoring, entry, reports, and information as well as all

other requirements specified in Section 114 and Section 308 of the Acts,respectively, and all other regulations and guidelines issued thereunder.

3. The Contractor or subcontractor shall promptly notify the awarding official of thereceipt of any communication from EPA indicating that a facility to be utilized forperformance of or benefit from the contract is under consideration to be listed onthe EPA List of Violating Facilities.

4. The Contractor shall include or cause to be included in any subcontract whichexceeds $100,000 the aforementioned criteria and requirements."

7.2 WAGES AND HOURS REQUIREMENTS-The Contractor shall at all times observeand comply with all provisions of Chapter 104, H.A.S., relating to wages and hours ofemployees on public works, which require, in part, the following:

A. HOURS OF LABOR-No laborer or mechanic employed on the jobsite shall bepermitted or required to work in excess of eight (8) hours in any one day or in

excess of forty (40) hours in any one week or on Saturdays, Sundays or legalholidays of the State unless he receives compensation for all hours worked inexcess of such daily hours or in excess of such weekly hours or on Saturdays,Sundays and legal holidays of the State at a rate of not less than one and one-half times his basic hourly rate of pay.

Such overtime compensation shall be computed on a daily basis or on a weeklybasis, whichever method of computation yields the greater amount of overtimecompensation. In no event shall these provisions be deemed to require payment of bothdaily and weekly overtime compensation on account of the same hours worked.

Written consent from the Director shall be obtained for work in excess of the normaleight (8) working hours per day or at nights or on Saturdays, Sundays or legal holidays. Incases of emergency, verbal consent will be sufficient.

"Should permission to work overtime, at night, weekends or on any holidays begranted by the Engineer, and the work requires overtime for the State's constructionmanagement consultant or State personnel as a result of the Contractor's scheduled workactivities, the Contractor shall compensate the State's construction management consultantand State personnel for services involved. The compensation to the State's constructionmanagement consultant shall be at $80 per hour multiplied by 1.5 for hours worked over 40per week and multiplied by 2 for work on STATE holidays. Compensation for overtime workrequired by the State's construction management consultant and State personnel shall bemade directly to the State." The costs chargeable to the Contractor shall include thefollowing:

(1) Overtime compensation at one and one-half (1½ times the basic salary ofeach employee required to work overtime because of the Contractor'sscheduled operations.

(2) The State's share of the cost of employees' retirement, medical plan, socialsecurity, vacation, sick leave, workmen's compensation funds, and otherapplicable fringe benefits and overhead expenses.

(3) The transportation cost incurred by the employees in connection with the

overtime work. (4) A charge for the use of state-owned vehicles and equipment at rates based

on established rental rates in use by the Department for the particularequipment or vehicle.

The monies due the State for personnel services and for the use of vehiclesand equipment as determined hereinabove shall be deducted from the monies due or tobecome due the Contractor . "In any event, the Contractor shall not pay State employees andthe State's consultants directly."

27



Any hours worked in excess of the normal eight (8) working hours per day orat nights or on Saturdays, Sundays or legal holidays are not chargeable toward a workingday.

The State may cancel the overtime, night. Saturday, Sunday or legal holidaywork when, in the opinion of the Director , there is no necessity for such work or when suchwork is detrimental to the progress of the work.

B. RATE OF WAGES-The minimum wages to be paid to the various classes of

laborers and mechanics engaged in the performance of such work shall be notless than the wages which the State Director of Labor and Industrial Relationshas determined to be the prevailing wages for corresponding classes of labor ersand mechanics on projects of similar character in the State. Such prevailingwages shall not be less than the wages payable under federal law tocorresponding classes of laborers and mechanics employed on State publicworks which are prosecuted under contract or agreement with the f ederalgovernment.

The current wage rate schedule established by the State Department of Labor andIndustrial Relations prior to the advertised date of bid opening and made a part of thespecifications shall be applicable, except those changes received by the Director from saidDepartment less than five (5) calendar days before the bid opening date. Any changesreceived prior to five (5) calendar days before the bid opening date shall be transmitted toprospective bidders in the form of an addendum, and the Director may, because of theaddendum, postpone the opening of the bids in the best interest of the public.

"The United States Department of Labor, pursuant to Part 152, Appendix:, H, of theFederal Aviation Regulations, and the State Director of Labor and Industrial Regulations,both have established minimum wage rate schedules for laborers and mechanics. Laborersand Mechanics shall be paid not less than the wages set forth on the applicable schedules.Both wage rate schedules shall apply, and the higher rates shall prevail. A copy of the U.S.Department of Labor Wage Rate Determination applicable to this contract is included in theSpecifications

The Contractor shall post in a prominent and easily accessible place at the projectsite the schedule of prevailing rates of minimum wages applicable to the work, and he shallgive to each laborer and mechanic employed to perform services required under the contractat the time of his assignment to the project, a copy of such rates of wages required to beposted; provided, however, that where there is a collective bargaining agreement, theContractor does not have to provide his employees the wage rate schedule.

C. UNCONDITIONAL PAYMENT OF WAGES CONCEDED TO BE DUE-The

Contractor shall pay all mechanics and laborers employed on the project site,unconditionally and not less often than once a week, and without deductions orrebate on any account except as allowed by law, the full amounts of their wagesincluding overtime, accrued to not more than five (5) working days prior to thetime of payment, at wage rates not less than those stated in the contract andspecifications, regardless of any contractual relationship which may be alleged toexist between the Contractor or subcontractor and such laborers and mechanics.

D. WITHHOLDING OF WAGES-The State may withhold from payments due or tobecome due the Contractor such amounts as it may consider necessary to paylaborers and mechanics employed by the Contractor or any subcontractor on theproject site the difference between the wages required by the contract andspecifications and the wages paid to such laborers and mechanics, lessdeductions and rebates allowed by law.

E. PAYROLL AND PAYROLL RECORDS-Certified copies of each weekly payrollshall be submitted to the State within seven (7) calendar days after the regular

payment date of the payroll period. The Contractor shall be responsible for thesubmission of certified copies of the payrolls of all subcontractors. Thecertification shall affirm that the payrolls are correct and complete, that the wagerates contained therein are not less than the applicable wage rates contained inthe wage rate schedule of these specifications, and that the classifications setforth for each laborer or mechanic conform with the work he performed.

28



Payroll records for all laborers and mechanics working at the project site shall bemaintained by the Contractor and his subcontrators, if any, during the course of the work andpreserved for a period of three years thereafter . Such records shall contain the name,address and social security number of each employee; his correct classification; rate of pay,fringe benefits including, but not limited to, health and welfare benefits, vacation andpension benefits, whether paid directly or indirectly to the laborer or mechanic; daily andweekly number of hours worked; deductions made and actual wages paid. Such recordsshall be made available for inspection by the State and by any of its representatives who

may also interview employees on the project site during working hours.F. FAILURE TO PAY REQUIRED WAGES-If the State finds that any laborer or

mechanic employed on the project site by the Contractor or any subcontractorhas been or is being paid wages at a rate less than the required rate by thecontract and specifications, or has not received his full overtime compensation,the State may, by written notice to the Contractor, terminate his right. or the rightof any subcontractor, to proceed with the work or with the part of the work inwhich the required wages or overtime compensation have not been paid andmay complete such work or part by contract or otherwise, and the Contractor andhis sureties shall be liable to the State for any excess costs occasionedthereby.

7.3 WORKMEN'S COMPENSATION ACT-From the beginning of the work until its finalacceptance, the Contractor shall insure all workmen directly or indirectly employed by himunder the contract from personal injury by accident.

7.4 CITIZEN LABOR-No person shall be employed as a laborer or mechanic unlesssuch person is a citizen of the United States or eligible to become one: provided thatpersons without such qualifications may be employed with the approval of the Governor untilpersons who are citizens and are competent for such services are available for hire."However, under no circumstances shall the Contractor violate applicable Federal laws andregulations pertaining to alien labor and immigration labor certification."

7.5 LABOR DISCRIMINATI0N-Attention is directed to the provisions of Chapter 78,H.R.S., making certain discriminatory practices with respect to employment unlawful.

7.6 PERMITS, LICENSES AND TAXES-The Contractor shall procure all permits andlicenses, pay all charges, fees, and taxes, and give all notices necessary and incidental tothe due and lawful prosecution of the work.

7.7 PATENTED DEVICES, MATERIAL S, AND PROCESSES-lf the Contractor employsany design, device, material, or process covered by letters of patent or copyright , he shallprovide for such use by suitable legal agreement with the patentee or owner . The Contractor

and the surety shall indemnify and save harmless the State, any affected third party, orpolitical subdivision from any and all claims for infringement by reason of the use of any suchpatented design, device, material or process, or any trademark or copyright, and shallindemnify the State for any costs, expenses, and damages which it may be obligated to payby reason of any infringement, at any time during the prosecution or after the completion ofthe work.

7.8 CONFLICTS OF INTEREST-In all State or Federal-aid projects, no official oremployee of the State or any other governmental instrumentality who is authorized in hisofficial capacity to negotiate, make, accept or approve, or to take part in negotiating, making,accepting or approving any contract or subcontract in connection with such project shallhave, directly or indirectly, any financial or other personal interest in any such contract orsubcontract. No engineer, attorney, appraiser, inspector or other person performing servicesfor the State or any governmental instrumentality in connection with the project shall have,directly or indirectly, a financial for other personal interest, other than his employment forretention by the State or other governmental instrumentality in any contract or subcontract inconnection with such project.

A violation of the provisions of this Section shall void the contract or agreement inrespect of which such violation occurs, and no claim for loss or damage shall be made by theContractor against the State or the Federal government.

7.9 FEDERAL AID PROVISIONS-When the United States Government pays all or anyportion of the cost of a project, the Federal laws and the rules and regulations madepursuant to such laws must be observed by the Contractor, and the work shall be subject tothe inspection of the appropriate Federal agency.

29



Such inspection shall in no sense make the Federal Government a party to thiscontract and will in no way interfere with the rights of either party hereunder.

"7.10 SAFETY, SANITARY AND MEDICAL REQUIREMENTS -The Contractor shall, at hisexpense, promptly and fully comply with and carry out the safety, sanitary and medicalrequirements as set forth herein, as prescribed by Federal, State or local laws or regulations,and shall take such other measures as may be necessary to the end that proper work isdone and that the safety and health of the employees and of the local communities is

safeguarded.It is a condition of this contract, and shall be made a condition of each subcontractentered into pursuant to this contract, that the Contractor and any subcontractor shall notrequire any laborer or mechanic employed in performance of the contract to work insurroundings or under working conditions which are unsanitary, hazardous, or dangerous tohis health or safety.

The Contractor shall provide backflow preventers at all temporary water hook-ups atthe Contractor's expense.

The Contractor shall stress safe practices by his employees in all phases ofconstruction and shall provide and enforce the use of such guards, helmets, goggles andother safety devices as may be required.

The Contractor shall maintain all portions of the work in a neat, clean and sanitarycondition at all times. Toilets shall be furnished by the Contractor where needed, for use ofemployees on the work, and their use shall be strictly enforced.

The Contractor shall assure that his subcontractors of all tiers comply with all safety,sanitary and medical requirements as set forth herein without expense to the State.The Contractor shall keep adequate first-aid personnel, facilities and supplies on the

work and instruction in first-aid shall be given.

The Contractor shall assure that his subcontractors of all tiers comply with all safety,sanitary and medical requirements as set forth herein without expense to the State.

The Contractor shall designate a safety officer whose responsibility will be to monitorthe Contractor's safety practices and procedures and to insure a safe working environment.

It shall not be the responsibility of the State or the Construction ManagementConsultant or its field representatives to review the adequacy of the Contractor's onsitesafety measures or to check on the performance of the Contractor's safety officer."

7.11 PUBLIC CONVENIENCE AND SAFETY-The Contractor shall at all times conduct hiswork to assure the least possible obstruction to public traffic. The safely and convenience ofthe general public and of the residents along the project and the protection of persons andproperty shall be provided for by the Contractor.

"The Contractor shall enforce safety requirements including, but not limited to, postingof signs to read to the effect that the working area is a hard hat area; also that there shall beno smoking in designated location or areas.

The Contractor shall be responsible for the protection of any new work and shallfurnish watchmen in sufficient numbers as required. Failure to comply with this requirementwill result in the Engineer shutting down the work until the Contractor shall have provided thenecessary protection.

During the prosecution of this contract, any damage to airport property attributable tothe Contractor shall be repaired by the Contractor at his own expense.

Located throughout the area are underground facilities (fuel, water, sewer, drainageand other utility lines).

Prior to starting any excavation work, the Contractor shall be responsible forexamining the drawings which show the location of all known cables as well as undergroundfacilities within the airport area; these drawings are on file in the Office of the Director. TheContractor shall be responsible for alerting all personnel and all subcontractors performing

work within the project areas as to the existence and location of said cables and as to thenecessity for avoiding any damage and/or disruptions of service. In the event that theContractor should damage in any way any cable in the course of the accomplishment of thework under the terms of this contract, he shall be responsible for any charge that the Owner Agency involved might levy against the Contractor for work pertinent to the damaged cables.

Upon notification in writing from the Engineer, the Contractor shall take whateveraction as necessary to repair damages. Should the Contractor fail to make repairs in anexpeditious manner, the Engineer will make the necessary repairs and levy against theContractor all charge therefor.30



It shall be especially noted by the Contractor that the area directly adjacent to theexisting in use runways and taxiways, is an extremely hazardous area and that very strictcontrols will apply throughout the entire period required to complete all work within 500 feetfrom the edge of an in use runway and 180 feet from the edge of an in use taxiway.

The Contractor shall keep all personnel and equipment off areas which are notincluded in this construction, except as necessary to the performance hereunder.

All systems proposed by the Contractor for lighting and barricading shall be submitted

to the Engineer for approval prior to installation. The Contractor shall install all flags, lightingand barricades as requested by the Engineer. Equipment with beams, in particular cranes,shall be equipped with at least two working lights; a hazardlight shall be at the boom end. Inaddition, the Contractor shall provide adequate barricades appropriately flagged duringhours of daylight and, at darkness, illuminated with electrical blinker lights. Fuel oil lights willnot be acceptable.

Hauling of all materials must be done on roadways around present operating areasand under no circumstances will cross the airfield.

Only pneumatic tired vehicles may be used on public roadways, and they shall complywith the legal limits as set by the State Highways Division. The Engineer shall have the rightto regulate the Contractor's hauling over existing roads, if necessary, to keep the roads in acondition satisfactory for public traffic. The Contractor must maintain roads used for haulingand shall so conduct his operations as to offer the least possible obstruction andinconvenience to traffic. Spillage resulting from hauling operations along or across traveledways shall be removed immediately. Where ordered by the Engineer, the Contractor shall

install signs, lights, flares, barricades and other facilities for the sole convenience anddirection of public traffic. Also, if directed by the Engineer, he shall provide and stationcompetent flagmen for public traffic. There will be no separate payment for this item. Thecost is to be included in the unit prices for the appropriate items as an incidental cost thereto.

Materials stored within the airport shall be so placed and the work shall, at all times,be so conducted as to cause no greater obstruction to the air and ground traffic than isconsidered necessary by the Engineer. No roadways shall be closed or opened, except byexpress permission of the State as obtained through the Engineer.

The Contractor shall familiarize himself with the Airport Certification Manual availablefor review at the Airport Manager's Office and shall comply with its requirements.

The Contractor is responsible for the security of access points to the AirportOperational Area that are located within the limits of construction and will be fined $1,000 perincident for any breach of security at these locations. All gates leading into the AOA shall bekept locked and if required to be open, the Contractor shall provide professional securityguards to attend gates. The guards must be approved by the Director and shall be required

to attend a training session conducted by the Airport Manager prior to gate assignment.Unless otherwise provided, all requirements imposed by this section and other work

required for public convenience and safety shall be performed by the Contractor as part ofthe work contracted to be performed, and no additional compensation will be allowedtherefor."

7.12 BARRICADES AND WARNING SIGNS-The Contractor shall provide, erect, andmaintain all necessary barricades, suitable and sufficient lights, danger signals, signs andother traffic control and safely devices, and shall take all necessary precautions for theprotection of the work and safety of the public.

7.13 USE OF EXPLOSIVES OR COMBUSTIBLES-When the use of explosives orcombustibles is necessary for the prosecution of the work, the Contractor shall exercise theutmost care not to endanger life and property. The Contractor shall be responsible for alldamage resulting from the use of explosives or combustibles.

The storage and use of explosives or combustibles shall be in accordance with the

provisions of Section 376-21 to 376-24,H.A.S., and Chapter 133, H.R.S.The Contractor shall give written notification of his intention to use explosives to the

Director. Such notice shall be given at least twenty-four hours in advance of the use ofexplosives or combustibles. The Director may order a delay in such use. The notice shallnot relieve the Contractor of liability for any damage caused.

7.14 PROTECTION AND RESTORATION OF PROPERTY-The Contractor shall beresponsible for the preservation of all public and private property.

31



The Contractor shall be responsible for all damage or injury to property of anycharacter, during the prosecution of the work, resulting from any act, omission, neglect, ormisconduct in his manner or method of executing the work, or due to defective work ormaterials.

"The Contractor shall not cut any existing structures without prior written approval,unless cutting is specifically detailed. Should such cutting be necessary or required, it shallbe done so as not to damage the structure. All such cutting shall be repaired so that surfaces

are restored to their original finish, texture, and color. All such repairs shall be subject toapproval."

When or where any direct or indirect damage or injury is done to public or privateproperty by or on account of any act, omission, neglect, or misconduct of the Contractor, hisemployees or agents, the Contractor shall, at his own expense, restore, repair, or rebuildsuch property to a condition similar or equal to that existing before such damage or injurywas done or make restitution in an acceptable manner.

7.15 RESPONSIBILITY FOR DAMAGE- "The Contractor shall hold harmless, indemnify,defend and where appropriate, insure the State, the U.S. Government, its officers andemployees, and the State's consultant for this project separately, and not jointly, from allsuits, actions, or claims of any character brought because of any injuries to or damagessustained by any person, persons, or property on account of (1) the operations of theContractor; (2) the negligence of the Contractor in safeguarding the work; (3) the use by theContractor of unacceptable materials in constructing the work; (4) any omission, neglect, ormisconduct of said Contractor; (5) any claims or accounts recovered for any infringements of

patent, trademarks, or copyrights; and (6) any claims or amounts arising or recovered underthe 'Workmen's Compensation Act," or any other law, ordinance, order, or decree. Themoney due the Contractor under the contract as may be considered necessary by the Statefor such purpose may be retained for the use of the State. If no money is due, theContractor's surety may be held until all suits, actions and claims for injuries or damagesshall have been settled and suitable evidence to that effect furnished to the State. Moneydue the Contractor will not be withheld under this section if the Contractor submitssatisfactory evidence that he is adequately protected by public liability and property damageinsurance.

It is not the intention of the parties to this contract to make the public or any othermember thereof a third party beneficiary hereunder, or to authorize anyone not a partyhereto to maintain a suit for personal injuries or property damage based on a contract theoryof liability. In any event, the Contractor shall hold harmless, indemnify, defend and whereappropriate, insure the State, the U.S. Government, its officers and employees and theState's consultants for this project separately, and not jointly, from suits and claims forpersonal injuries or property damage where such injuries or damage are caused by the

negligent acts or omissions of the Contractor, its agents or employees. Contractorunderstands that the relationship of the State's consultants for this project to the State is thatof independent contractor, and not as employee."

7.16 CONTRACTOR'S RESPONSIBILITY FOR WORK-Until final written acceptance ofthe project by the Director, the Contractor shall have the charge and care thereof and shalltake every precaution against injury or damage to any part thereof by the action of theelements or from any other cause. The Contractor shall rebuild, repair , restore, and makegood all damage to the work or any portion thereof occasioned by any cause before finalacceptance and shall bear the expense thereof except damage to the work due tounforeseeable causes beyond the control of and without the fault or negligence of theContractor such as acts of God, of the public enemy or governmental authorities.

When work is suspended for any cause whatever, the Contractor shall be responsiblefor the project and shall take such precautions as may be necessary to prevent damage tothe project, provide for normal drainage and shall erect any necessary temporary structures,signs, or other facilities at his expense. During the period of suspension of work, the

Contractor shall properly and continuously maintain all living material in newly establishedplantings, seedings, and soddings furnished under the contract.

7.17 CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTY AND SERVICES-Where the Contractor's operations are in close proximity to other property and damage tosuch may be considerable or inconvenient to the public, work shall not be commenced untilarrangements necessary for the protection of such property have been made.

The Contractor shall cooperate with utility companies in the removal and relocationoperations in order that these operations may progress in a reasonable manner keepingduplication of work to a minimum, and preventing unnecessary interruption in utility services.

32



In the event of an interruption in utility services by reason of a breakage or in theevent a utility facility becomes exposed or unsupported, the Contractor shall promptly notifythe proper authority and shall cooperate with the said authority in remedying the situation. Ifwater service is interrupted, repair work shall be continuous until the service is restored. Nowork shall be undertaken around fire hydrants until provisions for continuous service havebeen approved by the local agency having jurisdiction over such facility.

During construction operations, the Contractor shall use special care to prevent

damage to all pipes, cables and other underground utility facilities. Any damage donethereto, regardless of location or whether or not the underground facilities are shown on theplans, shall be repaired by the contractor at the Contractor's expense, or if required by szye agencies having jurisdiction of such utilities, the Contractor shall arrange for the appropriateutility company to repair the damage at the Contractor's expense.

"Information respecting the site of the work given on the drawings or specificationshas been obtained by the Department and is believed to be reasonably correct, however, it isthe responsibility of the bidder to verify all such information.

The Contractor, at their cost, shall locate all utilities by records research, toning,probing and other methods before cutting, drilling and excavating.

Any utilities that the Contractor encounters during the progress of the work, such astelephone ducts, electric ducts, ventilation and air conditioning ducts and equipment, waterlines, sewer lines, electric lines and drainage pipes, whether or not shown on the contractdrawings, shall not be disturbed or damaged unless otherwise instructed in the plans andspecifications.

In the event utilities are damaged or disturbed by the Contractor, the Contractor shallbe held liable for the damaged or disturbed utilities whether or not shown on the contractdrawings, located and exposed on the job as it progresses, or pointed out to the Contractorin the field.

The Contractor shall repair any damaged or disturbed utilities at no cost to the State. Any damage claims due to the disruption of service caused by the utilities being damagedshall be paid by the Contractor who shall hold harmless the State from all suits, actions orclaims of any character brought on account of such damages.

Utilities which must be relocated due to construction and not so indicated in the plansand specifications shall be considered to be additional work as covered by Subsection 4.3 -EXTRA WORK. The Contractor shall not in any case, if he encounters underground utilities,proceed with any work until he has notified the Engineer.

The Contractor shall have available on 24-hour call sufficient specialty contractors,such as electrical and plumbing contractors, to repair any damage to existing facilities thatmight occur as a result of construction operations regardless of when the damage mightoccur.

Outage: Written requests for power outage, communication changes, and water and sewerconnection outages shall be submitted to the Engineer at least seven (7) days in advance oras specified in other sections of these specifications.

Outages will be restricted to non-peak operational hours between midnight and 6:00 a.m."

7.18 NON-LIABILITY OF PUBUC OFFICIALS-In carrying out any of the provisions ofthese specifications, or in exercising any power or authority granted to them by or within thescope of the contract, there shall be no liability upon the Director and his authorizedrepresentatives, either personally or as officials of the State, it being understood that in allsuch matters they act solely as agents and representatives of the State.

7.19 NON·WAIVER OF LEGAL RIGHTS-Upon completion of the work, the State willexpeditiously make final inspection and, if accepted, will notify the Contractor of acceptance.Such final acceptance, however, shall not preclude or stop the State from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall

the State be precluded or stopped from recovering from the Contractor or his surety, or both, any overpayment it may have made, or for failure on the part of the Contractor to fulfill hisobligations under the contract.

The Contractor shall be liable for latent defects.

7.21 EQUAL OPPORTUNITY CLAUSES is hereby added to the General Provisions:

"During the performance of this contract, the Contractor agrees as follows:

33



1. The Contractor shall not discriminate against any employees or applicant foremployment because of race, creed, color or national origin. The Contractor shalltake affirmative action to ensure that applicants are employed, and thatemployees are treated during employment without regard to their race, color,religion, sex, or national origin. Such action shall include, but not be limited to thefollowing: Employment, ungrading, demotion or transfer; recruitment orrecruitment advertising; layoff or termination; rates of pay or other forms ofcompensation; and selection for training, including apprenticeship. The

Contractor agrees to post in conspicuous places, available to employees andapplicants for employment, notices to be provided by the Federal Aviation Administration setting forth the provisions of this nondiscrimination clause.

2. The Contractor shall, in all solicitations or advertisements for employees placedby or on behalf of the Contractor, state that all qualified applicants will receiveconsideration for employment without regard to race, color, religion, sex, ornational origin. The Contractor shall also require all of his subcontractors tocomply with this provision

3. The Contractor shall send to each labor union or representative of workers withwhich he has a collective bargaining agreement or other contract orunderstanding, a notice to be provided by the Federal Aviation Administration,advising the said labor union or workers' representative of the Contractor'scommitments under Section 202 of Executive Order No. 11246 of September 24,1965, and shall post copies of the notice on conspicuous places available toemployees and applicants for employment.

4. The Contractor shall comply with all provisions of Executive Order No. 11246 ofSeptember 24, 1965, and of the rules, regulations, and relevant orders of theSecretary of Labor.

5. The Contractor shall furnish all information and reports required by ExecutiveOrder No. 11246 of September 24, 1965, and by the rules, regulations, andorders of the Secretary of Labor, or pursuant thereto, and shall permit access tothese books, records, and accounts by the Federal Aviation Administration andthe Secretary of Labor for purposes of investigation to ascertain compliance withsuch rules, regulations and orders.

6. In the event of the Contractor's noncompliance with the non-discriminationclauses of this contract or with any of the said rules, regulations, or orders, thiscontract may be canceled, terminated, or suspended in whole or in part and theContractor may be declared ineligible for further Government contracts orFederally assisted construction contracts in accordance with proceduresauthorized in Executive Order No. 11246 of September 24, 1965, and such othersanctions may be imposed and remedies invoked as provided in the saidExecutive Order or by rule, regulation or order of the Secretary of Labor or asotherwise provided by law.

7. The Contractor shall include the portion of the sentence immediately precedingparagraph 1. and the provisions of paragraphs 1. through 7. in every subcontractor purchase order unless exempted by rules, regulations, or orders of theSecretary of Labor issued pursuant to Section 204 of Executive order No. 11246,September 24, 1965, so that such provisions will be binding upon eachsubcontractor or vendor. The Contractor shall take such action with respect toany subcontract or purchase order as the Federal Aviation Administration maydirect as a means of enforcing such provisions including sanctions fornoncompliance; provided, however, that in the event the Contractor becomesinvolved in, or is threatened with, litigation with a subcontractor or vendor as aresult of such direction by the Federal Aviation Administration, the Contractormay request the United States to enter into such litigation to protect the interests

of the United States.The Contractor shall, at the time of award of the Contract, submit to the Director a list

of subcontractors holding subcontracts of $50,000 or more and shall inform the Director ofany other subcontractors who may be subsequently awarded subcontracts subject to thesereporting requirements.

'Reports' referred to in paragraph 5. above, means Standard Form 100. This formrequired to be filled by March 31 annually by employers who have 110 or more employees

34



and who have a government contract (or subcontract thereunder) in the amount of $50,000or more. The Contractor shall contact the Director for instructions in completing StandardForm 100."

7.22 LABOR PROVISIONS REQUIRED BY THE FAA is hereby added to the GeneralProvisions:

(a) Ai rpor t Improvement Program (AIP) Project. The work in this contract isincluded in AIP Project No. 3-15-0006-24 which is to be undertaken and accomplished by

the State in accordance with the terms and conditions of a grant agreement to be enteredinto between the State and the United States, under the Airport and Airway Safety andCapacity Expansion Act of 1987, pursuant to which the United States will agree to pay acertain percentage of the costs of the project that are determined to be allowable projectcosts under that Act. The United States is not a party to this Contract and no reference inthis Contract to the FAA or any representative thereof, or to any rights granted to the FAA orany representative thereof, or the United States, by the contract, makes the United States aparty to this Contract.

(b) Consent to Assignment. The Contractor shall obtain the prior written consent ofthe State to any proposed assignment of any interest in or part of this contract.

(c) Convict Labor . No convict labor may be employed under this contract.

(d) Veteran's Preference. In the employment of labor (except in executive,administrative, and supervisory positions), preference shall be given to veterans of theVietnam era and disabled veterans. However, this preference shall apply only where theindividuals are available and qualified to perform the work to which the employment relates.

(e) Withholding: Sponsor from Contractor . Whether or not payments or advancesto the State are withheld or suspended by the FAA, the State may withhold or cause to bewithheld from the Contractor so much of the accrued payments or advances as may beconsidered necessary to pay laborers and mechanics employed by the Contractor or anysubcontractor an the work the full amount of wages required by this contract.

(f) Nonpayment of Wages. If the Contractor or subcontractor fails to pay any laboreror mechanic employed or working on the site of the work any of the wages required by thiscontract, the State may, after written notice to the Contractor, take such action as may benecessary to cause the suspension of any further payment advance of funds until theviolations cease.

(g) FAA Inspection and Review. The Contractor shall allow any authorizedrepresentative of the FAA to inspect and review any work or materials used in theperformance of this contract.

(h) Subcontracts . The Contractor shall insert in each of his subcontracts the

provisions contained in paragraphs (a), (c), (d), (e), (f) and (g) of this section, and also aclause requiring the subcontractors to include these provisions in any lower tier subcontractswhich they may enter into, together with a clause requiring this insertion in any furthersubcontracts that may in turn be made.

(i) Contract Termination. A breach of paragraphs (f), (g), and (h) of this section maybe grounds for termination of the contract.

(j) Submittal. The Contractor and his subcontractors shall submit copies of thecertified payrolls reqularly and on time. These shall be submitted within seven (7)-calendardays after the regular payment date of the payroll period. The Contractor shall be informed inwriting for failure to submit a payroll on time. Failure to comply to the written request withintwo (2) weeks shall be considered as willful non-compliance. A copy of the letter informingthe Contractor of failure to submit a payroll in time shall be transmitted to the FAA ProjectEngineer. The Contractor shall be advised that he is subject to an additional retainage inaccordance with the following scale:

1st through 3rd Offense -$1,000 per offense on next progress. payment after 2-weeknotice.

4th Offense -$5,000 per offense.

5th Offense and thereafter -$10,000 per offense.

Each payroll of any one contractor, prime contractor or subcontractor, that is missingshall be counted as one offense.

35



The amount withheld from the monthly payment shall be accumulative and held untilpayroll is submitted.

Repeated and willful violation shall be documented and reported.

(k) Checking Payrolls. Contractor is allowed fifteen (15) calendar days to makecorrections to any reported infractions. Failure to make corrections when and after requestedin writing shall be cause for withholding from the progress payment a sum of money equal tothe amount in question. A copy of the report of infractions shall be transmitted to the FAA

Project Engineer.(l) Field Investigations. The Contractor shall allow the Director's designated

representative to elect and interview several employees at random from his work force. Theinterview shall be recorded on DOT Form 4-101A. This procedure shall be followed at leastonce every three months.

Any complaints made by the employees shall be checked for validity. Validcomplaints shall be brought to the attention of the Contractor without revealing the name ornames of the complainants to the Contractor.

Records of the interview, names of the complainant, nature of complaint,investigation of the complaints, and the final disposition by the Contractor and/or the AirportsDivision shall be retained as part of the project records.

(m) Compliance Inspection (Audit). At least one audit of the prime contractor's andsubcontractors' payroll records shall be made during the period of the construction contract.The Contractor shall be notified in advance when the audit is scheduled so that the records

are available. One audit may represent several active construction projects or contracts theContactor may have at the time of the audit. The form 'Labor Compliance Inspection", DOT4-384A, shall be used to conduct the audit.

(n) Information to be Posted. The Contractor is required to post all necessaryposters, notices and schedules in a conspicuous area reasonably protected from theweather. The Engineer will record the date of posting in his project diary and inspect postingfrequently.

1. Notice to Workers (State).

2. Notice to Employees (Federal). Pay Rate Schedule - Minimum wageschedule and supplements thereto.

3. Notice to all Personnel Engaged on Federal-Aid Airport ImprovementProjects (Federal).

4. Equal Employment Opportunity."

7.23 PROVISIONS REQUIRED BY THE SECRETARY OF LABOR is hereby added to theGeneral Provisions:"A. 1. Minimum Wages

(1) All laborers and mechanics employed or working upon the site of the work will bepaid unconditionally and not less often than once a week and without subsequent deductionor rebate on any account, except such payroll deductions, as are permitted by regulationsissued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount ofwages and bona fide fringe benefits (or cash equivalents thereof) due at time of paymentcomputed at rates not less than those contained in the wage determination decisions of theSecretary of Labor which is attached hereto and made a part hereof, regardless of anycontractual relationship which may be alleged to exist between the Contractor and suchlaborers and mechanics. Contributions made or costs reasonably anticipated for bona fidefringe benefits under Section 1 (b) (2) of the Davis-Bacon Act on behalf of laborers ormechanics are considered wages paid to laborers or mechanics, subject to the provisions ofparagraph A.1.(4) of this section; also, regular contributions made or costs incurred for more

than a weekly period (but not less often than quarterly) under plans, funds or programswhich cover the particular weekly period are deemed to be constructively made or incurredduring such weekly period. Such laborers and mechanics shall be paid the appropriatewage rate and fringe benefits on the wage determination for the classification of workactually performed, without regard to skill, except as provided in paragraph A.4 of thissection. Laborers or mechanics performing work in more than one classification may becompensated at the rate specified for each classification for the time actually worked therein;

36



provided, that the employer's payroll records accurately set forth the time spent in eachclassification in which work is performed. The wage determination (including any additionalclassification and wage rates conformed under paragraph A.1.(2) of this section) and theDavis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and hissubcontractors at the site of the work in a prominent and accessible place where it can beeasily seen by the workers.

(2A) The Director shall require that any class of laborers or mechanics which is not

listed in the wage determination and which is to be employed under the contract shall beclassified in conformance with the wage determination. The Director shall approve anadditional classification and wage rate and fringe benefits therefore only when the followingcriteria have been met.

a) The work to be performed by the classification requested is not performedby a classification in the wage determination; and

b) The classification is utilized in the area by the construction industry; and

c) The proposed wage rate, including any bona fide fringe benefits, bears areasonable relationship to the wage rates contained in the wagedetermination.

(2B) If the Contractor and the laborers and mechanics to be employed in theclassification (if known) or their representatives, and the Director agree on the classificationand wage rate (including the amount designated for fringe benefits, where appropriate) areport of the action taken shall be sent by the Director to the Administrator of the Wage andHour Division, Employment Standards Administration, U.S. Department of Labor,

Washington D.C. 20210. The Administrator, or an authorized representative, will approve,modify, or disapprove every additional classification action within 30 days of receipt and soadvise the Director or will notify the Director within the 30-day period that additional time isnecessary. (Approved by the Office of Management and Budget under OMB control number1215-0140.)

(2C) In the event the Contractor, the laborers or mechanics to be employed in theclassification or their representatives, and the Director do not agree on the proposedclassification and wage rate (including the amount designated for fringe benefits, whereappropriate), the Director shall refer the questions, including the views of all interestedparties and the recommendation of the Director to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days ofreceipt and so advise the Director or will notify the Director within the 30-day period thatadditional time is necessary. (Approved by the Office of Management and Budget underOMB control number 1215-0140.)

(2D) The wage rate (including fringe benefits where appropriate) determined pursuant

to subparagraphs (2B) or (2C) of this paragraph, shall be paid to all workers performing workin the classification under this contract from the first day on which work is performed in theclassification.

(3) Whenever the minimum wage rate prescribed in the contract for a class oflaborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, theContractor shall either pay the benefit as stated in the wage determination or shall payanother bona fide fringe benefit or an hourly cash equivalent thereof.

(4) If the Contractor does not make payments to a trustee or other third person, theContractor may consider as part of the wages of any laborer or mechanic the amount of anycosts reasonably anticipated in providing bona fide fringe benefits under a plan or program;provided, that the Secretary of Labor has found, upon the written request of the Contractor,that the applicable standards of the Davis-Bacon Act have been met. The Secretary ofLabor may require the Contractor to set aside in a separate account assets for the meetingof obligations under the plan or program. (Approved by the Office of Management andBudget under OMB control number 1215-0140.

2. Withholding. The Federal Aviation Administration shall upon its own action orupon written request of an authorized representative of the Department of Labor withhold orcause to be withheld from the Contractor under this contract or any other Federal contractwith the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so muchof the accrued payments or advances as may be considered necessary to pay laborers andmechanics, including apprentices, trainees, and helpers, employed by the Contractor or anysubcontractor the full amount of wages required by the contract. In the event of failure to

37



pay any laborer or mechanic, including any apprentice trainee, or helper, employed orworking on the site of the work (or under the United States Housing Act of 1949 in theconstruction or development of the project), all or part of the wages required by the Contract,the FAA may, after written notice to the Contractor, sponsor, applicant, or Owner, take suchaction as may be necessary to cause the suspension of any further payment, advance, orguarantee of funds until such violations have ceased.

3. Payrolls and Basic Records

(1) Payrolls and basic records relating thereto shall be maintained by the Contractorduring the course of the work and preserved for a period of three years thereafter for alllaborers and mechanics working at the site of the work. Such records shall contain thename, address, and social security number of each such worker, his or her correctclassification, hourly rates of wages paid (including rates of contributions or costs anticipatedfor bona fide fringe benefits or cash equivalents thereof of the types described in Section1(b) (2) (B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductionsmade and actual wages paid. Whenever the Secretary of Labor has found under Paragraph A.1 (4) of this clause that the wages of any laborer or mechanic include the amount of anycosts reasonably anticipated in providing benefits under a plan or program described insection 1(b) (2) (B) of the Davis-Bacon Act, the Contractor shall maintain records whichshow that the commitment to provide such benefits is enforceable, that the plan or programis financially responsible, and that the plan or program has been communicated in writing tothe laborers or mechanics affected and records which show the costs anticipated or theactual costs incurred in providing such benefits. Contractors employing apprentices ortrainees under approved programs shall maintain written evidence of the registration of

apprenticeship programs and certification of trainee programs, the registration of theapprentices and trainees, and the ratios and wage rates prescribed in the applicableprograms. (Approved by the Office of Management and Budget under OMB control numbers1215-0140 and 1215-0017.)

(2A) The Contractor shall submit for each week in which any Contract work isperformed a copy of all payrolls to the applicant, sponsor, or Owner, as the case may be, fortransmission to the Federal Aviation Administration, The payrolls submitted shall set outaccurately and completely all of the information required to be maintained under paragraph A.3 (1)above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent ofDocuments (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office,Washington, D.C. 20402. The prime contractor is responsible for the submission of copiesof payrolls by all subcontractors. (Approved by the Office of Management and Budget underOMB control number 1215-0149,)

(2B) Each payroll submitted shall be accompanied by a "Statement of Compliance",

signed by the Contractor or subcontractor or his or her agent who pays or supervises thepayment of the persons employed under the contract and shall certify the following:

a) That the payroll for the payroll period contains the information required to bemaintained under paragraph A.3 (1) above and that such information iscorrect and complete;

b) That each laborer or mechanic (including each helper, apprentice, andtrainee) employed on the contract during the payroll period has been paidthe full weekly wages earned, without rebate, either directly or indirectly, andthat no deductions have been made either directly or indirectly from the fullwages earned, other than permissible deductions as set forth in Regulations29 CFR Part 3; and

c) That each laborer or mechanic has been paid not less than the applicablewage rates and fringe benefits or cash equivalents for the classification ofwork performed, as specified in the applicable wage determinationincorporated into the contract.

(2C) The weekly submission of a properly executed certification set forth on thereverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance" required by paragraph A.3 (2B) of this section.

(2D) The falsification of any of the above certifications may subject the Contractor ofsubcontractor to civil or criminal prosecution under Section 1001 of Title IS and Section 231of Title 31 of the United States Code.

38



(3) The Contractor or subcontractor shall make the records required underparagraph A.3 (1) of this section available for inspection, copying, or transcription byauthorized representatives of the Federal Aviation Administration or the Department ofLabor, and shall permit such representatives to interview employees during working hours onthe job. If the Contractor of subcontractor fails to submit the required records or to makethem available, the Federal agency may, after written notice to the Contractor, sponsor,applicant, or Owner, take such action as may be necessary to cause the suspension of anyfurther payment, advance, or guarantee of funds. Furthermore, failure to submit the required

records upon request or to make such reports available may be grounds for debarmentaction pursuant to 29 CFR 5.12.

4. Apprentices and Trainees

(1) Apprent ices. Apprentices will be permitted to work at less than thepredetermined rate for the work they performed when they are employed pursuant to andindividually registered in a bona fide apprenticeship program registered with the U.S.Department of Labor, Employment and Training Administration, Bureau of Apprenticeshipand Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a personis employed in his or her first 90 days of probationary employment as an apprentice in suchan apprenticeship program, who is not individually registered in the program, but who hasbeen certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.The allowable ratio of apprentices to journeymen on the job site in any craft classificationshall not be grater than the ratio permitted to the Contractor as to the entire work force underthe registered program. Any worker listed on a payroll at an apprentice wage rate, who not a

trainee as defined in subparagraph (2) of this paragraph or is not registered or otherwiseemployed as stated above, shall be paid the wage rate determined by the Secretary of Laborfor the classification of work he actually performed. In addition, any apprentice performingwork on the job site in excess of the ratio permitted under the registered program shall bepaid not less than the applicable wage rate on the wage determined for the work actuallyperformed. Where a Contractor is performing construction on a project in a locality otherthan that in which its program is registered, the ratios and wage rates (expressed inpercentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor'sregistered program shall be observed. Every apprentice must be paid at not less than therate specified in the registered program for the apprentice's level of progress, expressed asa percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of theapprenticeship program. If the apprenticeship program does not specify fringe benefits,apprentices must be paid the full amount of fringe benefits listed on the wage determinationfor the applicable classification. If the Administrator determines that a different practice

prevails for the applicable apprentice classification, fringes shall be paid in accordance withthat determination. In the event the Bureau of Apprenticeship and Training, or a Sate Apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeshipprogram, the Contractor will no longer be permitted to utilize apprentices at less than theapplicable predetermined rate for the work performed until an acceptable program isapproved.

(2) Trainees. Except as provided in 29 CFR 5.15, trainees will not be permitted towork at less than the predetermined rate for the work performed unless they are employedpursuant to and individually registered in a program which has received prior approval,evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater thanpermitted under the plan approved by the Employment and Training Administration. Everytrainee must be paid at not less than the rate specified in the approved program for thetrainee's level of progress, expressed as a percentage of the journeyman hourly ratespecified in the applicable wage determination. Trainees shall be paid fringe benefits inaccordance with the provisions of the trainee program. If the trainee program does not

mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on thewage determination unless the Administrator of the Wage and Hour Division determines thatthere is an apprenticeship program associated with the corresponding journeyman wage ratean the wage determination which provides for less than full fringe benefits for apprentices,any employee listed on the payroll at a trainee rate who is not registered and participating ina training plan approved by the Employment and Training Administration shall be paid notless than the applicable wage rate on the wage determination for the classification of work

39



actually performed, In addition, any trainee performing work on the job site in excess of theratio permitted under the registered program shall be paid not less than the applicable wagerate on the wage determination for the work actually performed. In the event theEmployment and Training Administration withdraws approval of a training program, theContractor will no longer be permitted to utilize trainees at less than the applicablepredetermined rate for the work performed until an acceptable program is approved.

(3) Equal Employment Opportunity. The utilization of apprentices, trainees and

journeymen under this part shall be in conformity with the equal employment opportunityrequirements or Executive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act Requirements. The Contractor shall complywith the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.

6. Subcontracts. The Contractor or subcontractor shall insert in any subcontractsthe clauses contained in paragraphs A.1 through A.10 of this section and such other clauseas the Federal Aviation Administration may be appropriate instructions require, and also aclause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for the compliance by any subcontractor or lowertier subcontractor with all the contract clauses in 29 CFR 5.5.

7. Contract Termination Debarment. A breach of the Contract clauses inparagraphs A.1 through A.10 and B.1 through B.5 of this section may be grounds fortermination of the contract and for debarment as a Contractor and a subcontractor asprovided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act Requirements. All rulings

and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and5 are herein incorporated by reference in this contract.

9. Disputes Concerning Labor Standards. Disputes arising out of the laborstandards provisions of this contract shall not be subject to the general disputes clause ofthis contract. Such disputes shall be resolved in accordance with the procedures of theDepartment of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning ofthis clause include disputes between the Contractor (or any of his subcontractors) and theState, the U.S. Department of Labor, of the employees or their representatives.

10. Certification of Eligibility

(1) By entering into this contract, the Contractor certifies that neigher he nor anyperson or firm who has an interest in the Contractor's firm is a person or firm ineligible to beawarded Government contracts by virtue of Section 3(a) of the Davis-Bacon act of 29 CFR5.12(a) (1)

(2) No part of this contract shall be subcontracted to any person or firm ineligible for

award of a government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR5.12(a) (1)

(3) The penalty for making false statements is prescribed in the U.S. Criminal Code,18 U.S.C. 1001.

B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (As used in thefollowing, the term 'laborers' and 'mechanics' include watchmen and guards.)

1. Overtime Requirements . No contractor of subcontractor contracting for anypart of the contract work which may require or involve the employment of laborers ormechanics shall require or permit any such laborer or mechanic in any workweek in which heor she is employed on such work to work in excess of forty hours in such workweek unlesssuch laborer or mechanic receives compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked in excess of eight in any calendar day or inexcess of forty hours in such work week, whichever is greater.

2. Violation: L iability for Unpaid Wages: L iquidated Damages. In the event ofany violation of the clause set forth in subparagraph 1 of this paragraph, the Contractor orany subcontractor responsible therefore shall be liable for the unpaid wages. In addition,such Contractor and subcontractor shall be liable to the United States, for liquidateddamages. Such liquidated damages shall be computed with respect to each individuallaborer or mechanic, including watchmen and guards, employed in violation of the clause setforth in subparagraph B.1 of this paragraph, in the sum of $10 for each calendar day onwhich such individual was required or permitted to work in excess of eight hours or in excessof the standard workweek of forty hours without payment of the overtime wages required bythe clause set forth in subparagraph B.1 of this paragraph.

40



3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the state shall upon its own action or upon written request of anauthorized representative of the Department of Labor withhold or cause to be withheld, fromany monies payable on account of work performed by the Contractor or subcontractor underany such contract or any other federal contract with the same prime contractor, or any otherFederally assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as my be determined to benecessary to satisfy any liabilities of such Contractor of subcontractor for unpaid wages and

liquidate damages as provided in the clause set forth in subparagraph B.2 of this paragraph.4. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts

the clauses set forth in subparagraphs B.1 through B.4 of this paragraph and also a clauserequiring the subcontractors to include these clauses in any lower tier subcontracts. Theprime contractor shall be responsible for compliance by any subcontractor or lower tiersubcontractor with the clauses set forth in subparagraphs B.1 through B.4 of thisparagraph."

5. Working Conditions. No Contractor or subcontractor may require any laboreror mechanic employed in the performance of any contract to work in surroundings or underworking conditions that are unsanitary, hazardous or dangerous to his health or safety asdetermined under construction safety and health standards (29 CFR Part 1926) issued bythe Department of Labor.

7.24 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTIONCONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) is hereby added to the

General Provisions:"1. As used in this Section.

a. 'Covered area' means the geographical area described in the solicitationfrom which this contract resulted;

b. 'Director' means Director, Office of Federal Contract Compliance Programs(OFCCP), United States Department of Labor, or any person to whom theDirector delegates authority;

c. 'Employer identification number' means the Federal Social Security numberused on the Employer's Quarterly Federal Tax Return, U.S. TreasuryDepartment Form 941;

d. 'Minority' includes:

(1) Black (all persons having origins in any of the Black African racialgroups not of Hispanic origin);

(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or

South American, or other Spanish culture or origin, regardless ofrace);

(3) Asian and Pacific Island (all persons having origins in any of theoriginal peoples of the Far East, Southeast Asia, the Indiansubcontinent, or the Pacific Islands); and

(4) American Indian or Alaskan native (all persons having origins in anyof the original peoples of North America and maintaining identifiabletribal affiliations through membership and participation orcommunity identification).

2. Whenever the Contractor, or any subcontractor at any tier, subcontracts aportion of the work involving any construction trade, he shall physically include in eachsubcontract, in excess of $10,000, the provisions of these specifications and theNotice which contains the applicable goals for minority and female participation andwhich is set forth in the solicitations from which this contract resulted.

3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown planapproved by the U.S. Department of Labor in the covered area either individually orthrough an association, his affirmative action obligations on all work in the Plan area(including goals and timetables) shall be in accordance with that Plan for those tradeswhich have unions participating in the Plan. Contractors must be able to demonstratetheir participation in and compliance with the provisions of any such Hometown Plan.Each Contractor or subcontractor participating in an approved Plan is individuallyrequired to comply with its obligations under the EEO clause, and to make a good faitheffort to achieve each goal under the Plan in each trade in which he has employees.

41



The overall good faith performance by other Contractors or subcontractors toward agoal in an approved Plan does not excuse any covered Contractor's or subcontractor'sfailure to make good faith efforts to achieve the Plan's goals and timetables.

4. The Contractor shall implement the specific affirmative action standards providedin Paragraphs 7a through p of this section. The goals set forth in the solicitation fromwhich this Contract resulted are expressed as percentages of the total hours ofemployment and training of minority and female utilization of the Contractor should

reasonably be able to achieve in each construction trade in which he has employeesin the covered area. The Contractor is expected to make-substantially uniformprogress toward its goals in each craft during the period specified.

5. Neither the provisions of any collective bargaining agreement, nor the failure bya union with whom the Contractor has a collective bargaining agreement, to refereither minorities or women shall excuse the Contractor's obligations under thesespecifications, Executive Order 11246, as amended, or the regulations promulgatedpursuant thereto.

6. In order for the non-working training hours of apprentices and trainees to becounted in meeting the goals, such apprentices and trainees must be employed by theContractor during the training period, and the Contractor must have made acommitment to employ the apprentices and trainees at the completion of their training,subject to the availability of employment opportunities. Trainees must be trainedpursuant to training programs approved by the U.S. Department of Labor.

7. The Contractor shall take specific affirmative actions to ensure Equal

Employment Opportunity. The evaluation of the Contractor's compliance with thesespecifications shall be based upon his effort to achieve maximum results from hisactions. The contractor shall document these efforts fully and shall implementaffirmative action steps at least as extensive as the following:

a. Ensure and maintain a working environment free of harassment,intimidation, and coercion at all sites, and in all facilities at which theContractor's employees are assigned to work. The Contractor, wherepossible, will assign two or more women to each construction project. TheContractor shall specifically ensure that all foremen, superintendents, andother on-site supervisory personnel are aware of and carry out theContractor's obligation to maintain such a working environment, withspecific attention to minority or female individuals working at such sites orin such facilities.

b. Establish and maintain a current list of minority and female recruitmentsources, provide written notification to minority and female recruitment

sources and to community organizations when the Contractor or hisunions have employment opportunities available, and maintain a record ofthe organizations' responses.

c. Maintain a current file of the names, addresses and telephone numbers ofeach minority and female off-the-street applicant, minority or femalereferral from a union, a recruitment source or community organization andof what action was taken with respect to each such individual. If suchindividual was sent to the union hiring hall for referral and was not referredback to the Contractor by the union or, if referred, not employed by theContractor, this shall be documented in the file with the reason therefor,along with whatever additional actions the Contractor may have taken.

d. Provide immediate written notification to the Director when the union orunions with which the Contractor has a collective bargaining agreementhas not referred to the Contractor a minority person or woman sent by theContractor, or when the Contractor has other information that the union

referral process has impeded the Contractor's efforts to meet hisobligations.

e. Develop on-the-job training opportunities and/or participate in trainingprograms for the area which expressly include minorities and women,including upgrading programs and apprenticeship and trainee programsrelevant to the Contractor's employment needs, especially those programsfunded or approved by the Department of Labor. The Contractor shallprovide notice of these programs to the sources compiled under 7b above.

42



f. Disseminate the Contractor's EEO policy by providing notice of the policyto unions and training programs and requesting their cooperation inassisting the Contractor in meeting his EEO obligations by including it inany policy manual and collective bargaining agreements; by publicizing itin the company newspaper, annual report, etc.; by specific review of thepolicy with all management personnel and with all minority and femaleemployees at least once a year; and by posting the company EEO policyon bulletin boards accessible to all employees at each location where

construction work is performed.g. Review, at least annually, the company's EEO policy and affirmative action

obligations under these specifications with all employees having anyresponsibility for hiring, assignment, layoff, termination or otheremployment decisions including specific review of these items with on-sitesupervisory personnel such as Superintendents, General Foremen, etc.,prior to the initiation of construction work at any job site. A written recordshall be made and maintained identifying the time and place of thesemeetings, persons attending, subject matter discussed, and disposition ofthe subject matter.

h. Disseminate the Contractor's EEO policy externally by including it in anyadvertising in the news media, specifically including minority and femalenews media, and providing written notification to and discussing theContractor's EEO policy with other Contractors and subcontractors withwhom the Contractor does or anticipates doing business.

i. Direct his recruitment efforts, both oral and written, to minority, female andcommunity organizations, to schools with minority and female studentsand to minority and female recruitment and training organizations servingthe Contractor's recruitment area and employment needs. Not later thanone month prior to the date for the acceptance of applications forapprenticeship or other training by any recruitment source, the Contractorshall send written notification to organizations such as the abovedescribing the openings, screening procedures, and tests to be used in theselection process.

j. Encourage present minority and female employees to recruit otherminority persons and women and, where reasonable, provide after school,summer and vacation employment to minority and female youth both onthe site and in other areas of a Contractor's workforce.

k. Validate all tests and other selection requirements where there is anobligation to do so under 41 CFR Part 60-3.

l. Conduct, at least annually, an inventory and evaluation of all minority andfemale personnel for promotional opportunities and encourage theseemployees to seek or to prepare for, through appropriate training, etc.such opportunities.

m. Ensure that seniority practices, job classifications, work assignments andother personnel practices, do not have a discriminatory effect bycontinually monitoring all personnel and employment-related activities toensure that the EEO policy and the Contractor's obligations under thesespecifications are being carried out.

n. Ensure that all facilities and company activities are non-segregated exceptthat separate or single-user toilets and necessary changing facilities shallbe provided to assure privacy between the sexes.

o. Document and maintain a record of all solicitations of offers forsubcontracts from minority and female construction contractors and

suppliers, including circulation of solicitations to minority and femalecontractor associations and other business associations.

p. Conduct a review, at least annually, of all supervisors' adherence to andperformance under the Contractor's EEO policies and affirmative actionobligations.

8. Contractors are encouraged to participate in voluntary associations which assistin fulfilling one or more of their affirmative action obligations (7a through p). The effortsof a contractor association, joint contractor-union, contractor-community, or othersimilar groups of which the Contractor is a member and participant, may be asserted

43



as fulfilling any one or more of his obligations under 7a through p of this sectionprovided that the Contractor actively participates in the group, makes every effort toassure that the group has a positive impact on the employment of minorities andwomen in the industry, ensures that the concrete benefits of the program are reflectedin the Contractor's minority and female workforce participation, makes a good faitheffort to meet his individual goals and timetables;, and can provide access todocumentation which demonstrates the effectiveness of actions taken on behalf of theContractor. The obligation to comply, however, is the Contractor's and failure of such

a group to fulfill an obligation shall not be a defense for the Contractor'snoncompliance.

9. A single goal for minorities and a separate single goal for women have beenestablished. The Contractor, however, is required to provide equal employmentopportunity and to take affirmative action for all minority groups, both male andfemale,and all women, both minority and non-minority. Consequently, the Contractor may bein violation of the Executive order if a particular group is employed in a substantiallydisparate manner (for example, even though the Contractor has achieved his goals forwomen generally, the Contractor may be in violation of the Executive Order if aspecific minority group of women is under utilized).

10. The Contractor shall not use the goals and timetables or affirmative actionstandards to discriminate against any person because of race, color, religion, sex, ornational origin.

11. The Contractor shall not enter into any subcontract with any person or firmdebarred from government contracts pursuant to Executive Order 11246, asamended.

12. The Contractor shall carry out such sanctions and penalties for violation of thesespecifications and of the Equal Opportunity Clause, including suspension, terminationand cancellation of existing subcontracts as may be imposed or ordered pursuant toExecutive Order 11246, as amended, and its implementing regulations, by the Officeof Federal Contract Compliance Programs. Any Contractor who fails to carry out suchsanctions and penalties shall be in violation of these specifications and ExecutiveOrder 11246, as mended.

13. The Contractor, in fulfilling his obligations under these specifications, shallimplement specific affirmative action steps, at least as extensive as those standardsprescribed in Paragraph 7 of this section, so as to achieve maximum results from hisefforts to ensure equal employment opportunity. If the Contractor fails to comply withthe requirements of the Executive Order, the implementing regulations, or thesespecifications, the Director shall proceed in accordance with 41 CFR 60-4.8.

14. The Contractor shall designate a responsible official to monitor all employment-related activity to ensure that the company EEO policy is being carried out, to submitreports relating to the provisions hereof as may be required by the Government, andto keep records. Records shall at least include for each employee the name, address,telephone numbers, construction trade, union affiliation if any, employee identificationnumber when assigned, social security number, race, sex, status (e.g. mechanic,apprentice, trainee, helper, or laborer), dates of changes in status, hours worked perweek in the indicated trade, rate of pay, and locations at which the work wasperformed. Records shall be maintained in an easily understandable and retrievableform; however, to the degree that existing records satisfy this requirement, contractorsshall not be required to maintain separate records.

15. Nothing herein provided shall be construed as a limitation upon the application ofother laws which establish different standards of compliance or upon the application ofrequirements for the hiring of local or other area residents (e.g., those under the PublicWorks Employment Act of 1977 and the Community Development Block GrantProgram)."

16. Employer Information Report (SF 100)

a. Contractors/subcontractors are required to file with the State annually, onor before March 31, complete and accurate reports on Standard Form 100(Employer Information Report, EEO-1). The first such report is requiredwithin 30 days after award unless the Contractor/subcontractor hassubmitted such a report within 12 months preceding the date of award. AStandard Form 100 will be furnished upon request. The report is requiredif a Contractor or subcontractor meets all of the following conditions:

44



(1) Nonexempt If Contractor/subcontractor is not exempt based on41 CFR 60-1.5;

(2) Number of Employees. Has 50 or more employees;

(3) Dollar Level. Has a contract or subcontract amounting to$50,000 or more; and

(4) Contractor/Subcontractor . Is a prime contractor or first tiersubcontractor. Some subcontractors below the first tier who workat the site are required to file if they meet the above requirements.

b. The Contractor shall require the subcontractor on any first tiersubcontracts to file a Standard Form 100 prior to award of a subcontract ifthe above conditions apply.

7.26 AFFIRMATIVE ACTION STEPS (SUBPART E OF FEDERAL AVIATIONREGULATIONS, PART 152) shall be added to the General Provisions:

"1. The Contractor, if not subject to an affirmative action plan, regulatory goals ortimetables, or other mechanism which provides short and long-range goals for equalemployment opportunity, shall be required to take the following affirmative actionsteps:

a. Establish and maintain a current list of minority and female recruitmentsources; provide written notification to these recruitment sources and to

community organizations when employment opportunities are available;and maintain a record of each organization's response.

b. Maintain a current file of the names, addresses, and telephone numbers ofeach minority and female walk-in applicant and each referral from a union,a recruitment source, or community organization and the action taken withrespect to each individual. Where an individual is sent to the union hiringhall for referral, but not referred back to the Contractor, or, if referred, notemployed by the Contractor, this shall be documented. The documentationshall include an explanation of, and information on, any additional actionsthat the Contractor may have taken.

c. Disseminate its equal employment opportunity policy internally:

(1) By providing notice of the policy to unions and training programs;

(2) By including it in the policy manuals and collective bargainingagreements;

(3) By publicizing it in the company newspaper, report, or otherpublication; and

(4) By specific review of the policy with all management personnel andwith all employees at least once a year.

d. Disseminate the Contractor's equal employment opportunity policyexternally:

(1) By stating it in each employment advertisement in the news media,including news media with high minority and female readership; and

(2) By providing written notification to, or participating in discussionswith, other contractors and subcontractors with whom theContractor does business.

e. Direct recruitment efforts to minority and female organizations, to schoolswith minority and female students, and to organizations, which recruit andtrain minorities and women, in the Contractor's recruitment area.

f. Encourage present minority and female employees to recruit otherminorities and women.

g. Where possible, provide after school, summer, and vacation employmentto minority and female youth.

2. The Contractor shall require each of its subcontractors on the project to complywith the affirmative action steps listed above, with which it does not already comply,unless the subcontractor is subject to an affirmative action plan, regulatory goals ortimetables, or other mechanism which provides short and long-range goals for equalemployment opportunity, or the subcontract is less than $10,000."

45



7.27 MISCELLANEOUS REQUIREMENTS is hereby added to the General Provisions:

1. Breach of Contract Terms (Sanctions) - Any violation or breach of the terms ofthis contract on the part of the Contractor or subcontractors may result in thesuspension or termination of this contract, or such other action which may benecessary to enforce the rights of the parties of this agreement.

2. Access to Documents, Records, Etc . - The Administrator of the FAA and theComptroller General of the United States, or an authorized representative of either,

shall be allowed access to the Contractor's records which are pertinent to the contractfor the purpose of accounting and audit.

ARTICLE VIII-PROSECUTION AND PROGRESS

8.1 SUBCONTRACTlNG-The Contractor shall not subcontract, sell, transfer, assign, orotherwise dispose of the contract or any portion thereof, or his right, title or interest in thecontract without written consent of the Director.

Subject to the provisions of Section 103-29, H.R.S., the Contractor may subcontract aportion of the work but he remains primarily responsible for the work so subcontracted. TheContractor shall not be permitted to subcontract work to any subcontractor who has beensuspended by the State.

The Contractor shall perform with hi s own organization, work amounting to not lessthan 50 per cent of the total contract cost, except that any items designated in the contract as

"specialty items" may be performed by subcontract and the cost of any such specialty items so performed by subcontract may be deducted from the total contract cost before computingthe amount of work required to be performed by the Contractor with his own organization.Where an entire item is subcontracted, the value of work subcontracted will be based on thecontract item bid price. When a portion of an item is subcontracted, the value of worksubcontracted will be estimated by the Director and be based on the cost of such portion ofthe contract item.

Before any work is started under a subcontract, the Contractor shall file with andreceive the approval of the Director on the form entitled "Request for Approval ofSubcontractors."

When any portion of the work which has been subcontracted is not prosecuted in amanner satisfactory to the Director, the Contractor, upon receipt of a written notice thereof,shall immediately remove the subcontractor from the project, and the subcontractor shall notagain be employed on the project.

No subcontract shall in any case release the Contractor of his liability under the

contract and bonds. Under Section 103-29, H.R.S., the Contractor is required to list the names of persons

or firms to be engaged by the Contractor as a joint contractor or subcontractor in theperformance of the contract. Thereafter, any change to the list proposed by the Contractor isnot permitted except as provided under Section 103-33, H.R.S. When a change in a listedsubcontractor is required by .the Contractor for reasons other than those prescribed inSection 103-33, H.R.S., submission of a formal release of the Contractor by the listedsubcontractor is required by the State before the substitution will be considered for approvalregardless of whether the substitute is another subcontractor or the Contractor himself.

8.2 NOTICE TO PROCEED-Upon approval of the contract by the Director, a "Notice toProceed" will be given the Contractor. The "Notice to Proceed" will indicate the date theContractor is expected to begin the construction and from which date contract time will becharged.

The Contractor shall begin work within 15 days from the specified date, and he shalldiligently prosecute the same to completion within the contract time allowed. The Contractorshall not begin work before the specified date without written approval.

Should the Contractor begin work before receiving the Notice to Proceed, any workperformed by him in advance of the specified date will be considered as having been doneby him at his volition and at his risk.

If written consent is given to do work in advance of the specified date, the Contractormay begin construction operations, subject to his assumption of the risk that the contractmay be disapproved and subject to the following:

46



(A) The Contractor shall, on beginning operations, take all precautions required for

(B) pproval of the contract, the Contractor shall, at his expense,

(C) proval will, when the

(D) t be entitled to any additional compensation nor an

8.3 INSUR

sation;

Liability and Comprehensive General Liability

Limits of Liabilit

public safety and shall observe all the provisions in these specifications and thespecial provisions.

In the event of disado such work as is necessary to leave the project site in a neat condition to thesatisfaction of the Director . If the work done affects any existing road orhighway, the Contractor shall at this expense restore it to its former condition, or

the equivalent thereof, to the satisfaction of the Director. All work done according to the contract prior to its apcontract is approved, be considered authorized work and will be paid for asprovided in the contract.

The Contractor shall noextension of time for any delay, hindrance or interference caused by orattributable to doing the work prior to the date on which the contract wasapproved by the Director, except to the extent such delay, hindrance orinterference would have been compensable had work begun on the date ofsuch approval and the progress thereof been the same as that actually made.

ANCE AND WORK SCHEDULE-The Contractor. at his own cost, shall obtainand submit to the Director, within fifteen (15) days from the date of the award of the contract,three (3) copies of the following:

A. Certificate of Insurance from an insurance company or agency, acceptable tothe State, showing full policy coverage of the Contractor and the State of Hawaiias additional insured for :

(1) Workmen's Compen

(2) Comprehensive Automobilewith the following minimum limits of liability:

yBodily I Property Damage njury Policy

Coverage Each Pers Occurrenceon Each Each Occurrence

Com

$250,000 $500,000 $100,000

prehensive

Automobile

Liability

Comprehensive

$500,000 $100,000 General

Liability

"B. Insurance and Tax Rates for:

nce;

;

luding personal injury and property damage.

Such all become

applic

ission and approval of insurance certificates and progress schedule shall notbe a c

47

(1) Workers' compensation;

(2) State unemployment insura

(3) Federal unemployment insurance

(4) Social Security;

(5) Public liability, inc

insurance and tax rates when accepted by the Director in writing sh

able and shall remain unmodified throughout the entire term of the contract. Allinsurance aforementioned shall cover the additional insured for all work performed under thecontract, all work performed incidental thereto or directly or indirectly connected therewith,including traffic detour work or other work performed outside of the work area, and allchange orders.

The submause for delay in the issuance of a notice to proceed, the commencement of work, or

an extension of time in the completion of the contract.



Failure to obtain insurance in accordance with this Section on the part of tContra

surancecove

schedule his operations to minimize interference withthe m

of Runways and Taxiways in Use - Under the terms of thiscontra

210-5B Painting, Marking, and Lighting Vehicles Used on an Airport

s During Construction, dated

FAA Regulations Objec ng Navigable Airspace Part 77

areas not specificallydesign

e part of the Contractor to abide by the above will result in suspension ofwork.

Author ity of Control Tower Personnel - With the exception of actual constructionmetho

equipmentinclud

48

hector shall be considered a major breach of the contract and should the State be forced

to expend funds which would have been covered under the insurance, the Contractor agreesto assume the liability for such funds and to indemnify and hold the State harmless.

The foregoing requirements as to the types, limits and the State's approval of inrage to be maintained by the Contractor are not intended to and shall not in any manner

limit or qualify the liabilities and obligations assumed by the Contractor under the contract."

8.4 LIMITATON OF OPERATIONS-The Contractor shall conduct the work at all times insuch a manner and in such sequence as will assure the least interference with public traffic.

"The following limitations shall be observed by the Contractor when operating within75 feet from the edge of any taxiway.

General -The Contractor shallovement of aircraft or passengers as may be required by the Engineer. The Contractor

shall be responsible to alert all of his personnel to the location of power and signal cablesinstalled for the operation of the airport. The Contractor shall control his operations in amanner to preclude any possible damage to those cables. Utility companies shall be notifiedby the Contractor one week before commencement of work. The Contractor shall give noticeto the Engineer in writing, at least 168 hours before operating within 75 feet from the edge ofany taxiway and the Engineer will assure himself that the Control Tower personnel arenotified in sufficient time to publish the warning (NOTAM). The Contractor shall immediatelyrepair any damages to the existing perimeter fence to prevent inadvertent entry to the AirportOperation Area (AOA).

Work in Vicinityct, it is intended that work shall be completed without disturbing the paved surface of

existing runways and taxiways, unless shown otherwise on the plans. Aircraft traffic shall notbe interrupted. The Contractor shall schedule to work within 75 feet of the taxiway asdirected by the Control Tower. No ruts, holes, or open trenches of 3 inches or more in depthand no objects or material 3 inches or more in height shall be permitted within the safetyarea when the airfield is in operation in conformance to Federal Aviation Regulation Part139. The Contractor is also informed that Airport Zoning Regulations dictate that a 'clearzone' be maintained 500 feet on each side of an active runway, to be known as a hazardousarea. The Contractor shall comply with all regulations governing ground operations withinhazardous areas. The following FAA Advisory Circulars and FAA Regulations specify theserequirements:

AC 150/5

AC 150/5340-1H Standards for Airport Markings

AC 150/5370-2C Operational Safety on Airport5/31/84

ts Affecti

The Contractor shall keep all personnel and equipment off theated for work under this Contract. At all times when the Contractor's equipment is not

in use, the equipment shall be moved outside the hazardous areas to an area designated bythe Engineer. Under no condition shall equipment be parked or material stored within thehazardous areas.

Failure on th

ds, the airport control tower personnel will have full authority to control the Contractor'smovements within the existing Airport area. When required, the Contractor shall maintain aconstant radio vigil within all work areas and in addition shall keep at least one flagman on

duty with the radio man. When notified by the control tower to temporarily halt operations, itshall be the duty of the flagman, through the use of appropriate methods (lighted flares shallnot be used under any circumstances), to notify all operators of equipment and otherpersonnel to cease work and move men and equipment off of hazardous areas.

Contractor shall provide, at his own expense, the necessary radio anding a radio equipped mobile vehicle to maintain contact with control tower personnel at

all times during job performance. A transceiver operating at a frequency designated by theEngineer to communicate with the Control Tower.



arking of Hazardous Areas - The Engineer will designate areas that are hazardousfor air

addition to the

yellow

Contractor for lighting and barricading shall be submittedto the

of Equipment and Materials -At the end of each working shift, all of the

st three (3) daysbefore

f all utilities from damagesin are

ctor shall notify representatives of the owner, agencies, and other affectedorgan

notify the owning organization will prevent authorization to work in a specificarea.

Archaeological Features - Any archaeological features such as petroglyphs, burialsites,

ND EQUIPMENT- The Contractor shall

rform properly he ork a

contractor who, in the opinion

ns or fails to furnish suitable andsuffici

ize and mechanical condition as to

the contract does not specify the methods and equipment to be used, theContra

49

Mcraft. The Contractor shall provide yellow blinker lights spaced not more than 50 feet

apart around all hazardous areas and areas of work within 75 feet of any taxiway. Suchsystems shall be subject to approval by the Engineer. The Contractor shall have personnelon call 24 hours per day for the emergency maintenance of hazard markings.

The Contractor shall provide red flags not less than 20 inches square in

blinker lights. When danger flags are made of fabric, a wire stiffener shall be used tohold the flags in an extended position. Flags shall be so mounted that they do not produce ahazard. The red danger flags shall be spaced not more than 50 feet apart around all areas ofwork within 75 feet of any taxiway.

All systems proposed by theEngineer for review prior to installation. The Contractor shall install all flags, lighting

and barricades as required by the Engineer. Such systems shall be subject to approval bythe Engineer.

StorageContractor's equipment shall be withdrawn to an area designated by the Engineer. TheContractor shall park all equipment in an orderly fashion and place a sufficient number of redflasher lights to identify these areas. Materials stored within the airport shall be so placedand the work shall, at all times, be so conducted as to cause no greater obstruction to the airand ground traffic than is considered necessary by the Engineer. No runways, taxiways orroadways shall be closed or opened, except by permission of the Engineer.

Blasting Operations - The Contractor shall notify the Engineer at lea performing blasting operations as to the extent and timing of such operations, so that

the Control Tower and other concerned parties can be informed.

Utilities - The Contractor shall provide for the protection oas to be traversed by his vehicles and equipment. If required, buried cables and utility

lines shall be protected by mounding earth over the cables or by any other method approvedby the Engineer.

The Contraizations at least 48 hours prior to working in any area containing the facilities of these

organizations.

Failure to

and artifacts discovered or unearthed during the performance of the work shall

immediately be brought to the attention of the Engineer and all work that would damage ordestroy these features shall be discontinued. The Engineer will decide, after properinvestigation, to salvage or abandon such artifacts."

8.5 CHARACTER OF WORKMEN, METHODS Aat all times employ sufficient labor and equipment for prosecuting the several classes of workto full completion in the manner and time required by these specifications.

All workmen shall have the skill and experience necessary to pew ssigned to them. Workmen engaged in special work or skilled work shall havesufficient experience in such work and in the operation of the equipment required to performall work properly and satisfactorily.

Any person employed by the Contractor or by any subof the Director, does not perform his work in a proper and skillful manner or is intemperate ordisorderly shall, at the written request of the Director, be removed forthwith by his employerand shall not be employed again in any portion of the work.

If the Contractor fails to remove such person or persoent personnel for the proper prosecution of the work, the Director may by written notice

suspend the work until such orders are complied with.

All equipment used on the work shall be of such sproduce satisfactory quality of work. Equipment used on any portion of the project shall beof such design that no injury to the roadway, adjacent property or other highways will resultfrom its use.

Whenctor may use any method and equipment approved by the Director in writing.



When the contract specifies the use of certain methods and equipment, such methodsand e

s areas, the Contractor

shall s

-The Director may suspend the work in

f work, the State shall assume the cost of

attributable to the

s the cost of maintenance, the

necessitated by a cause not attributable to the Contractor

ated by any cause attributable to the Contractor, the

uspension shall be final.

.7 ntract time

the contract time is on a calendar day basis it shall consist of the number of

quipment shall be used unless others are authorized by the Director in writing. Theauthorization may be on such conditions as the Director may deem necessary. No changewill be made in payment for the construction items involved nor in contract time as the resultof authorizing a change in methods or equipment under this section.

"Prior to the commencement of any work in critical or hazardou

ubmit to the Engineer a list of all equipment he intends to utilize within these areas;said list shall in particular denote the maximum working height of the equipment whenmeasured from ground level; in the case of cranes, this height shall be measured with theboom raised to its highest peak."

8.6 TEMPORARY SUSPENSION OF WORKwhole or in part for such period as he may deem necessary for any cause, including (1)unsuitable weather or such other conditions which may prevent proper prosecution of thework, or (2) failure on the part of the Contractor to prosecute or perform the work in strictcompliance with the contract. The Contractor shall immediately comply with the written orderof the Director to suspend all or part of the work. The suspended work shall be resumed onlyupon written notice to proceed by the Director.

If the State causes such suspension oeliminating the hazards or, at the Director's option, the State may perform the work at no costto the Contractor. This provision shall apply only to the portion of the work suspended andshall not apply to the entire project unless the entire project is suspended.

If the suspension of the work is necessitated by any cause notState, the Contractor shall, at his own expense, perform all work necessary to eliminate allhazards and inconveniences causing the suspension and repair any damages to the work.In the event the Contractor fails to perform the work as specified herein, the State mayperform such work, and the cost thereof shall be paid by the Contractor or may be deductedfrom the payments due or to become due the Contractor .

However, immediately before the State assumeContractor shall eliminate all hazards and inconveniences and repair all damage to the workwhich, as determined by the Director, could have been performed by the Contractor prior tothe suspension so that all traffic may pass through the work with a minimum ofinconvenience and delay. If the Contractor fails to perform this work, the State shall performthe work, and the cost thereof shall be deducted from the payment due or to become due theContractor under the contract.

If suspension of work isand, as a result of such suspension, the Contractor is unable to proceed with sixty (60) per

cent of the normal labor and equipment force engaged in the controlling activity or operationfor at least five (5) hours on any working day, the Contractor shall not be charged a workingday under the contract. On days when the suspension applies only to non-controllingactivities or operations, such days shall be deemed to be working days and shall be chargedto the time of completion of the project.

If suspension of work is necessitdays during which the suspension order is in effect shall be deemed to be working days andshall be charged to the time for completion of the work.

The Director's determination of the cause of any s

8 DETERMINATION AND EXTENTION OF CONTRACT TIME- When the cois on a working day basis, the Director will furnish the Contractor a weekly statementshowing the number of days charged to the contract for the preceding week and the numberof days specified for completion of the contract. The Contractor will be allowed one week inwhich to file a written protest setting forth in what respect said weekly statement is incorrect.

Failure to protest shall be deemed an acceptance by the Contractor of the correctness of thestatement.

Whencalendar days stated in the contract beginning with the effective date of the Notice toProceed, including all Sundays, holidays and non-working days. All calendar days elapsingbetween the effective dates of any orders of the Director to suspend work and to resumework for suspensions not the fault of the Contractor shall be excluded.

50



•This schedule to be used only when the work is not completed within the specified numberof calendar days.

8

ith

(5)

the Direct

or default.

age disposal and telephone

.9 DEFAULT AND TERMINATION OF CONTRACT-If the Contractor:

(1) Fails to begin the work under the contract within the time specified in the "Notice to Proceed," or

(2) Fails to perform the work with sufficient workmen and equipment or wsure the prompt completion of said work, or sufficient materials to as

(3) Performs the work unsuitably or neglects or refuses to remove materials orto perform anew such work as may be rejected as unacceptable andunsuitable, or

(4) Discontinues the prosecution of the work, or

Fails to resume work which has been discontinued within a reasonable timeafter notice to do so, or

(6) Becomes insolvent or is declared bankrupt, or commits any act ofbankruptcy or insolvency, or

(7) Allows any final judgment to stand against him unsatisfied for a period of ten(10) days, or

(8) For any other cause whatsoever, fails to carry on the work in an acceptablemanner,

or will give notice in writing to the Contractor and his surety of such delay, neglect,

If the Contractor, within a period of ten (10) days after such notice, does not proceedto remedy the delay, neglect or default the State may take any action deemed appropriate.The State may appropriate and use any or all materials and equipment as may be suitableand acceptable and may contract for the completion of the project according to the termsand provisions thereof, or use such other methods as in the opinion of the Director will berequired for the completion of the project in an acceptable manner.

All costs and charges incurred by the State, together with the cost of completing thework under contract, will be deducted from any monies due or which may become due to theContractor had he been allowed to complete the work under the contract. If such expenseexceeds the sum which would have been payable under the contract, then the Contractorand the surety shall be liable and shall pay to the State the amount of such excess.

8.10 JUSTlFIABLE CAUSE FOR TERMINATION OF CONTRACT-In the event of afinding by the Director that a national emergency exists which creates a shortage ofmaterials, labor, or equipment, and that such emergency will probably continue to exist for

an unreasonable length of time, by reason of which the Contractor will be unable to proceedwith the construction contract, or for any other legally justifiable cause, the State may cancelsuch construction contract, or any part thereof, under the terms hereinafter provided.

If the contract or any portion thereof is cancelled and the Contractor released beforeall items of work included in the contract have been completed, payment will be made atcontract unit prices for the actual work performed, or agreed prices where no unit price iscontained in the contract for any particular item of work. The Contractor shall be reimbursedfor such expenditures as in the judgment of the Director are not otherwise compensated for,and as are required in preparing for and moving to and from the work, the intent being thatan equitable settlement shall be made with the Contractor. No claim for loss of anticipatedprofits shall be considered.

Materials obtained by the Contractor for the work that have been inspected, tested,and accepted by the Director, and that are not incorporated in the work, and which havebeen properly stored and maintained, shall be purchased from the Contractor at actual costas shown by receipted bills or other proper evidence of actual cost, at such points of delivery

as may be designated by the Director.8.11 UTILITIES is hereby added to the General Provisions.

"The Contractor shall, at his expense, arrange for, develop and maintain all utilities,including but not limited to water, electric power, sewcommunications, in the work areas which he deems necessary to meet the requirements ofthe work under the contract. The State may allow the Contractor to use their water andavailable electrical power; however, the contractor shall provide its own backflow preventerfor any temporary water connections. The Contractor must maintain control and responsibleuse for duration of the project or be subject to their loss of use."

52



8.12 FIRE PROTECTION is hereby added to the General Provisions."The Contractor shall not permit unauthorized fires either within or adjacent to the

ctly or indirectly to his

r by

er or not the

determined in acc

limits of the work and he shall be liable for all damage from fire due direwn ao ctivities, or those of his employees or of his subcontractors or their employees. The

Contractor shall comply with all Federal, State and local laws and regulations and allinstructions of authorized personnel, pertaining to burning, fire prevention and control withinor adjacent to the work. A copy of each required permit shall be furnished to the Engineer."

8.14 STANDARDS AND CODES is hereby added to the General Provisions."Whenever references are made in the contract to the respective standards,performed or specifications and advisory circulars in accordance with which work is to be

tested, it is to be understood that the edition or revision of the standards, specifications andadvisory circulars in effect on the date of the bidder's proposal shall apply unless otherwiseexpressly set forth in the contract. Unless otherwise specified, reference to such standardsis solely for technical information.

In case of conflict among any such referenced standards and codes or between anysuch standard(s) or code(s) and the requirements of the Contract, the stricter requirementshall govern."

8.15 DELAYS AND EXTENSION OF TIME is hereby added to the General Provisions."If the Contractor should be delayed at any time in the progress of his work by an act,

omission or neglect of the State, or its representatives, or by acts of the public enemy, oa war in which the United States of America is a participant, or by earthquakes affecting thesite of any work, or by area wide strikes, fire, unusually severe weather, volcanic eruption,

epidemics, quarantine restrictions or any unforeseeable cause beyond the control andwithout the fault or negligence of the Contractor, the Contractor shall file with the Engineer awritten request for an extension of the Contract period for the portion of work so delayed andshall fully state the reasons for such delay. When such request is received, the Engineer willascertain the reasons for and the extent of such delay, if any, and so inform the State. If theState determines that the facts justify an extension of time, such an extension will be grantedin writing to the Contractor and the Contractor shall revise the Progress Schedule to reflectsuch extension. If the State determines that the facts do not justify an extension of time, suchrequest of the Contractor will be denied. The State's findings of fact for either determinationwill be mailed to the Contractor and shall be final and conclusive on the parties hereto.Requests for time extension must be made in writing to the Engineer within seven (7)calendar days of the occurrence. No exceptions will be made. In the case of a continuingcause of delay, only one request is necessary."

8.16 OPTIONAL TERMINATION is hereby added to the General Provisions."The State may, at its option, cancel and terminate the contract in whole or from time

to time in part at any time by written notice thereof to the Contractor, whethContractor default. Upon any such cancellation and termination the Contractor agrees towaive any claims for damages, including loss of anticipated profits, on account thereof, butas the sole right and remedy of the Contractor and the State, the State shall pay theContractor in accordance with subparagraph B below, provided however, that the provisionsof the contract, which by their very nature survive final acceptance under the contract, shallremain in full force and effect after such cancellation and termination to the extent providedin such provisions.

A. Upon receipt of any such notice, the Contractor shall, unless the notice requiresotherwise:

1. Immediately discontinue work on the date and to the extent specified inthe notice;

2. Place no further orders or subcontracts for materials, services, or facilities,other than as may be required for completion of such portion of workunder the contract as is not terminated;

3. Promptly make every reasonable effort to obtain cancellation upon termssatisfactory to the State of all orders and subcontracts to the extent theyrelate to the performance of work terminated; and

4. Assist the State as specifically requested, in writing, in the maintenance,protection and disposition of property acquired by the State under thecontract.

B. Upon any such termination, the State will pay to the Contractor an amountordance with the following (without duplication of any item):

53



1. All amounts due and not previously paid to the Contractorcompleted in accordance with the contract prior to such notice, and for

f the

8.17 OP TIRESTRICTED A

registration and safety requirements and be

3. ualified to drive the vehicleRamp Driver's License and applicable

follow

surance in the form of a Certificate of

OA clearance.. ..$5,000,000

.$1,000,000

rations restricted toroadways and

b.

learance is defined as any portion of a publicy fences or appropriate

2. Unlice

Airpor uired in the applicabled below:

54

for work

work thereafter completed as specified in such notice.

2. The cost of settling and paying claims arising out of the termination ofwork under subcontracts or order as provided in subparagraph A.3 above.

3. The reasonable costs incurred pursuant to subparagraph A.4 above.4. Any other reasonable costs incidental to such termination of work.

5. The foregoing amounts shall include a reasonable sum, under all ocircumstances, as profit for any work performed."

ERA ON OF CONTRACTOR'S MOTOR VEHICLE AND PERSONNEL INIR OPERATIONS AND MOVEMENT AREAS is herebv added to the

General Provisions:

"The Contractor shall conform with the all sections of the "State of Hawaii, Department ofTransportation, Airports Division, Contractor's Training Guide" pertaining to access andoperation in the Airport Operation Area (AOA) hereinafter described as follows:

"A. Motor Vehicles in Airport Operation Area For safety reasons, the operation of motor vehicles in the AOA must conform

lations."with all applicable State Airport rules and regu

B. Motor Vehicle Access Permit Each motor vehicle operated in the AOA is required to:

1. Meet all State licensingspecifically licensed for operation in the AOA.

2. Meet all insurance requirements.

Be restricted to operation by those persons qand in possession of a currentMotor Vehicle Operator's License.

C. The operators of motor vehicles in the AOA shall be responsible for meeting theing insurance requirements.

1. Licensed Vehicles As a condition for authorization to enter the AOA, the Contractor shall

ehicle liability inprovide evidence of vInsurance issued by an authorized insurance carrier. Automobile Liabilityand general Liability (combined single limit, Bodily Injury and PropertyDamage, per occurrence) shall be required in the applicable minimumlimits specified below:

a. Honolulu International Airport (1) Standard A

(2) Limited AOA clearance ......

Limited AOA clearance is defined as opeDiamond head and Ewa Concourses second levelconnecting third level main terminal roadway only, with entry andexit via Security Access Point "C" (Primary) and Access Point "A"Secondary)

Other Airports

Standard AOA clearance .........$1,000,000

Standard AOA c Airport from which the public is restricted bsigns and not leased or demised to anyone for exclusive use and

shall include runways, taxiways, all ramp and apron areas, aircraftparking and storage areas, fuel storage areas, maintenance areas,and any other area of a public Airport used or intended to be usedfor landing, takeoff, or surface maneuvering of aircraft or used forembarkation or debarkation of passengers.

nsed Vehicles

t Liability (or General Liability) shall be reqminimum limits specifie



a. Honolulu International Airport, Kahului Airport and KonaInternational Airport at Keahole

AOA clearance .................$5,000,000

,000

ionally insured.

Engineer will be provided with a 30-day writtenprior ial change in coverage or

D.

State of Hawaii, Department of Transportation, Airports

Airport Operations Areas.

1.

s must be painted in such a manner so as to be easily

.

F. Ai rpor t Ope

1.ited

d approved construction activityentry into the AOA or Airfield

2.

e maintained by the

b. All other Airports

AOA clearance .................$1,000

3. Specifically name the State of Hawaii as addit

ca4. Indi te that the Airportnotice of policy cancellation or mater conditions.

Operator's Permit

1. No person shall operate a motor vehicle on the AOA unless he holds andcarries on his person a current Airport Motor Vehicle operator's permitissued by theDivision.

2. Operator's permits will only be issued to persons who apply through the Airport District Security Office and pass a written exam covering thoseportions of the Airport Rules and Regulation relating to the operation ofvehicles in

E. Author ized Vehicles

Only vehicles considered operationally safe and necessary for the

performance of this contract may be allowed to operate in the AOA.2. All motor vehicle

identifiable and must carry the Contractor's name on each side. Thesesigns may be of a temporary nature applied to the side windows or doors.

The lettering shall be in bold characters of a minimum of four (4) inches inheight and one and one-half (1-1/2) inches in widths, the height of logosshould be a minimum of six (6) inches.

3 The Contractor's operations on, over, across, and/or immediately adjacentto any runway and/or taxiway at a towered airport shall require the use oftwo-way radio communication. The Contractor shall obtain the necessaryequipment at his own expense.

4. No person shall operate a motor vehicle on the AOA unless he holds andcarries on his person a current Motor Vehicle Operator's Permit issued bythe Airport Manager.

a. The Motor Vehicle Operator's Permit will be issued only to personswho apply through the Airport Security Section and pass a writtenexam covering those portions of the Airport Rules and Regulationsrelating to the operation of vehicles in the AOA.

b. Permits issued may be suspended or revoked for cause at any timeby the Airports Division.

ration Area Construction Pass

Issuance of Airport Operation Area (AOA) Construction Passes shall belim to contractors, subcontractors, companies, organizations,individuals engaged in authorized anwhich requires a continuing need for Movement Areas. Request letters for such passes must be made to the Airport District Manager's Office in accordance with the ContractorsTraining Guide or applicable District requirements.

As a condition for security area clearance, applicants must comply withFederal Aviation Regulations (FAR) 107.11(F) which requires a ten- yearbackground employment verification for those individuals employed underthis contract. Background check records shall bContractor during the course of the work and shall contain the name,address, social security number, and his previous employment and theperson(s) contacted to verify such employment. The records shall bemade available for inspection by the State.

55



G. Access to Movement Areas

1. Movement areas shall mean all of the runways and taxiways of the Airpwhich are utilized for taxiing, takeoff, and landing of aircraft.

requires access to the movement area shall be

ove requirements.

2.

a.

ovement area shall not leave his

at least one (1) mile; or

H. Runway an

1. Requeopera

ort

a. Any vehicle whichequipped with operational radio equipment capable of positive two-way contact with Tower Ground Control.

b. Operators of vehicles in movement areas must possess knowledge

and familiarity with restricted and airfield movement areas,operational rules, regulations, and procedures, or be under directescort by individuals meeting all of the ab

Vehicle Operations on Movement Areas

No vehicle shall proceed across any runway unless specificallycleared by Tower Ground Control.

b. The operator of a vehicle in the mvehicle unless continuous radio contact is maintained with theTower Ground Control while he is away from his vehicle.

Any vehicle proceeding onto the m

c. ovement area between the hoursof sunset and sunrise shall be equipped with an overhead flashinglight which is visible for one (1) mile, unless such vehicle is beingescorted by another vehicle so equipped.

d. All vehicles operated on the movement area between sunrise and

sunset except those being escorted, shall either be painted a brightcolor; e.g., international orange, white, yellow; operate an overheadamber or red flashing beacon visible fordisplay a flag at least three (3) feet square with orange and whitecheckered squares of not less than one (1) foot on each side.

d Taxiway Closure

sts for runway or taxiway closures, or for any work which affecttional conditions at the airport must be made in writing through the

. Airport Engineering Branch

2. Temporarily closed runways require placement of yellow "X" markings(constructed of material such as fabric or plywood or other acceptablematerial) on top of the runway identification numerals at both ends of theclosed runway.

3. Taxiway closures require placement of barricades with alternate orange

and white markings at each end of the closed taxiway segment.Barricades must be supplemented with orange flags which measure aminimum of 20 x 20 inches (50 by 50 cm) square and made to be installed

ineate the hazardous area.

I.

1.

ments.

J. Compliance

1.era

56

in the extended position.

Closures which extend through the hours of darkness must includebarricades which are supplemented with flashing amber lights. Theintensity of the lights and spacings for barricades, flags, and lights mustadequately define and del

Gate Guards Furnished bv Contractors

If a contractor is permitted by the airport to maintain operational control ofan AOA Access Gate, entry through such gate shall be controlled by theposting of a gate guard.

a. Written instruction will be provided, outlining the guard's duties toenforce those requirements and provisions prescribed by theairport's security program to include all personnel and vehicle entryand access require

b. Procedures will be established to identify the actions which will beundertaken by the guard in calling for assistance.

The contractor shall comply with all regulations and rules governing the AirOp tions Areas during construction, as specified in:



a. Hawaii Revised Statutes, Title 19, Administrative Rules for Public Airports.

Act 21, Sec al Aviation Administration

7.

vision, reserves the right to withhold, deny orce, licenses or permits to any individual or

9.1 MEASU d under thecontract will be measure.

thequantit will be thosemethod

ents for areacompu

conditions in accordance with the method of measurement stated in thesespecif

pon which such structures are placed, unless otherwise shown on the plansor indi

that when reference is made to the measurements. ofgalvan

eight shall be weighed at locations designated by theDirect

57

b. Federal Aviation Administration Advisory Circular AC 150/5340 1H,Marking of Paved Areas on Airport; AC 150/5370-2C, OperationalSafety on Airports During Constructions.

K. Enforcement Authorization

tion 1, Section 261-17 (a), HRS; Feder

Regulations, Part 139, Part 10L. Right of Rejection or Revocation

The State of Hawaii, Airports Direvoke any airport security clearanorganization who fails to meet the prescribed or required access area clearancecriteria to include background investigation information, or fails to observe orcomply with established rules, regulations, and directives.

It should be clearly understood that such denial or revocation is based solely onairport security or safety considerations and does not in any way constitute adetermination by the State with regard to private employment by any individual ororganization."

ARTICLE IX-MEASUREMENT AND PAYMENT

REMENT OF QUANTITIES-AII work acceptably completemeasured by the Director according to United States standard

A station when used as a term of measurement means 100 linear feet.

The methods of measurement and computation to be used in determiningies of material furnished and of work performed under the contracts generally recognized as conforming to good engineering practice.

Unless otherwise specified, longitudinal measurements for area computations will bemade horizontally. Unless otherwise specified, transverse measurem

tations will be the neat dimensions shown on the plans or ordered in writing by theDirector.

Structures will be measured according to neat lines shown on the plans or as alteredto fit field

ications.

All items which are measured by the linear foot will be measured parallel to the baseor foundation u

cated in the Special Provisions.

In computing volumes of excavation the average end area method will be used. Othermethods may be used if approved.

The term "gage," when used in connection with the measurement of plates, will meanthe U. S. Standard Gage, except

ized sheets used in the manufacture of corrugated metal pipe, metal plate pipeculverts and arches, and metal cribbing, then the term "gage" will mean that specified in the A.A.S.H.T.O. M 36, M 167, M 196, M 197 or M 219.

When the term "gage" refers to the measurement of wire, it will mean the wire gagespecified in the A.A.S.H.T.O., M 32.

The term "ton" will mean the short ton consisting of 2,000 pounds avoirdupois. Allmaterials which are measured by w

or on scales approved by qualified personnel. Trucks used to haul material measuredby weight shall be weighed empty at such time as the Director may order, and each truckshall bear a plainly legible identification mark. The Contractor shall notify the Director twenty-four (24) hours prior to hauling any material the payment for which is based on weight.



Materials to be measured by volume in the hauling vehicle shall be hauled inapproved vehicles and measured therein at the point of delivery. Vehicles for this purposemay be of any size or type acceptable to the Director, provided that the body is of suchshape

provisions of the contract; material not unloaded fromthe tra

n from weight measurement tovolum

ctor in connection with force account work, in whichcase

be considered to be nominal weights ordimen

plated and embraced in the contract;and a

or the complete item of work.

iginal contract unit

that the actual contents may be readily and accurately determined. All vehicles shallbe loaded to at least their water level capacity, and all loads shall be leveled when thevehicles arrive at the point of delivery.

Quantities of material wasted or disposed of in a manner not called for under the

contract; rejected loads of material, including material rejected after it has been placed byreason of the failure to conform to the

nsporting vehicle; material placed outside of the lines indicated on the plans or givenby the Director; or material remaining on hand after completion of the work will not be paidfor and such quantities will be deducted from the final total measured quantities. Nocompensation will be allowed for hauling rejected material.

When requested by the Contractor and approved by the Director in writing, materialspecified to be measured by the cubic yard may be weighed, and such weights converted tocubic yards for payment purposes. Factors for conversio

e measurement will be determined by the Director and shall be agreed to by the Contractor before such method of measurement of pay quantities is used.

Cement, if measured by the barrel or by the bag, will mean 376pounds of cement in abarrel and 94 pounds of cement in a bag.

The term "lump sum" when used in connection with an item of payment , meanspayment for the complete item described in the contract.

When a complete structure or structural unit (in effect,"lump sum" work) is specified asthe unit of measurement, the unit will be construed to include all necessary fittings andaccessories unless otherwise specified.

Rental of equipment will be measured by time in hours of actual working time andnecessary traveling time of the equipment within the limits of the project unless specialequipment has been ordered by the Dire

travel time and tr ansportation to the project will be measured if approved by theDirector. If equipment has been ordered held on the job on a standby basis by the Director ,half time rates for the equipment will be paid.

When standard manufactured items are specified such as fence, wire, plates, rolledshapes, pipe conduit and others, and these items are identified by gage, unit weight, orsection dimensions, such identification will

sions. Unless more stringently controlled by tolerances in cited specifications,manufacturing tolerances established by the industries involved will be accepted.

9.2 SCOPE OF PAYMENT-The Contractor's bid price shall be inclusive of all costs , director indirect, required for the fulfillment of the contract.

Contract payments to the Contractor by the State shall be full payment, including alltaxes, for furnishing all materials, labor, equipment, tools, and incidentals necessary forcompleted work, and for performing all work contem

lso for all loss or damage arising out of the nature of the work or from the action of theelements, or from any unforeseen difficulties or obstructions which may arise or beencountered in the. prosecution of the work and for all risks of every description connectedwith the prosecution of the work, and all expenses incurred by, or in consequence of thesuspension or discontinuance of the work as herein provided; also for any infringement ofpatent, trademark or copyright, and for completing the work in an acceptable manneraccording to the plans and specifications.

For any Item of work in the proposal, unless specifically provided for otherwise, thecontract unit price, or lump sum pr ice, for such item shall include all material, labor ,equipment, tools and incidentals required f

9.3 COMPENSATlON FOR ALTERED QUANTITIES-When the accepted quantities orwork vary from the quantities in the proposal schedule, the Contractor shall accept aspayment in full, so far as contract items are concerned, payment at the or

58



prices for the accepted quantities of work done. No allowance except as provided in Section.2 will be made for any increased expense, failure to recover costs or for loss of anticipatedrofits suffered or claimed by the Contractor resulting either directly from such alterations or

tipulated in the order authorizing the work or, if on a force account basis, the

AnContractor Contractor

deral unemployment taxes and social

C.

hich twenty (20) per cent

D.

which has been authorized by the Director, the Contractor shall

All ethe equipinoperative

ourly rental rate shall be theweekl

id to theContra

) The rental period shall begin at the time the equipment is unloaded at the site

4pindirectly from unbalanced allocation among the contract items or overhead expense on thepart of the bidder and subsequent failure to recover the costs thereof or from any othercause.

9.4 EXTRA AND FORCE ACCOUNT WORK-Work performed in accordance with the

requirements and provisions of Section 4.3 will be paid for at the unit prices or lump sumprices sContractor shall be compensated in the following manner :

A. LABOR-For all labor (including foremen when authorized by the Director), theContractor will receive the rate of wage including fringe benefits required by theapplicable collective bargaining agreement or other employment contract, whichshall be agreed upon in writing before beginning work for each and every hourthat said labor is actually engaged in said work.

amount equal to twenty (20) per cent of the actual labor cost to cover the's and subcontractor's operating expense, overhead and profit will be paid the.

No allowance for overtime compensation will be given without the written approval ofthe Director prior to performance of overtime work.

B. INSURANCE AND TAX-The Contractor will also receive the actual costs paid for

property damage, liability and workmen's compensation insurance premiums,State unemployment contributions, Fesecurity taxes to which six (6) per cent shall be added.

MATERIALS-For materials accepted by the Director and used, the Contractorshall receive the actual cost of such materials delivered and incorporated into thework, including transportation charges paid by him, to wwill be added.

EQUIPMENT-For any machinery or special equipment (other than small tools andmanual equipment) including fuel, lubricants, and repairs plus transportationcosts, the use ofreceive the rental rates agreed upon in writing before such work is begun for theactual hours or any fraction thereof that such equipment is in operation on thework. No percentage shall be added to the equipment rental rates. If equipmentrental rates are provided in the specifications, such rates shall be used.

quipment shall be in good working condition and suitable for the purpose of whichment is to be used. Rental time will not be allowed while the equipment is

due to breakdowns, delays or other such causes.

For equipment used three (3) consecutive working days or less, the hourly rental rateshall be the daily rate divided by eight (8); for equipment used four (4) consecutive days ormore, but not more than two (2) consecutive weeks, the h

y rental rate divided by forty (40); for equipment used for more than two (2)consecutive weeks, the hourly rental rate shall be the monthly rate divided by 176.

The rental time to be paid for use of equipment on a force account basis shall be thetime the equipment is doing actual work and used exclusively for the force account work.The following provisions shall govern in determining the compensation to be pa

ctor :

(1) The location from which the equipment is to be moved or transported shall

be approved by the Director. (2

of the force account work, excluding Saturdays, Sundays and legal holidays,unless the force account work is performed on such days, and shallterminate at the end of the day on which the Director directs the Contractorto discontinue the use of such equipment. The maximum rental period to bepaid for per day shall not exceed eight (8) hours unless the equipment is inoperation for a longer lime with the approval of the Director.

59



(3) e account work, the Department will pay the cost of transporting the equipment, includingloading and unloading, from its original location to the site of the forceaccount work. Upon completion of the work the Department will pay the cost

The cost

State Public Udetermined by twithin the locale

y the cost of moving the equipment back to its original location or to

E. STATexcisadde

paymeuse of tooand other provided for herein.

(3)

t reflected in the pricesmaterials.

rkmen's compensationur

Sta nused and pnot specificallylieu of the invoic ctor shall furnish an affidavit certifying that such materials weretaken

irector.

st of any further

Where the equipment must be transported to the site of forc its

of transporting the equipment back to its original location or to anotherlocation, whichever cost is less.

of transporting the equipment shall not exceed the rates established by the

tilities Commission. If such rates are nonexistent, then the rates will behe Director based upon the prevailing rates charged by established haulers.

(4) Where the equipment is self-propelled, the Department will pay the cost ofmoving the equipment by its own power from its original location to the siteof the force account work. Upon completion of the work the Department willpaanother location whichever cost is less.

E EXCISE TAX-A sum equal to the amount percentage rate for the Statee tax on the total sum determined in (a), (b), (c) and (d) above, shall bed as compensation to the Contractor.

The compensation determined in (a), (b), (c) and (d) above, shall be deemed to bent in full for work done on a force account basis, including superintendence, overhead,

ls and equipment for which no rental is allowed, profit, all taxes, subcontractingcosts in connection therewith which are not

F. RECORDS-The Contractor and the Director shall compare records of the cost ofwork done as ordered on a force account basis at the end of each day. Thesedaily records shall thereafter be deemed to be the basis for payment of the forceaccount work.

G. STATEMENTS-No payment will be made for work performed on a force accountbasis until the Contractor has furnished the Director with duplicate, itemizedstatements of the cost of such force account work detailed as follows:

(1) Laborers-Name, classification, date, daily hours, total hours, rate, andextension for each laborer and foreman and also the amount of fringebenefits payable, if any.

(2) Equipment-Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment.

Materials

a. Quantities of materials, prices, and extensions. b. Cost of transporting materials, if such cost is no

of the

(4) Insurance-Cost of property damage, liability and woins ance premiums, unemployment insurance contributions, and socialsecurity tax.

teme ts shall be accompanied and supported by receipt invoices for all materialstrans ortation charges. However, if materials used on the force account work are

purchased for such work but are taken from the Contractor's stock, then ines the Contra

from his stock, that the quantity claimed was actually used, and that the price andtransportation claimed represent the actual cost to the Contractor.

9.5 ELIMINATED ITEMS-If the contract item of the work is eliminated and no changeorder was executed covering the elimination, the Contractor will be paid for the actual costsincurred in connection with such eliminated contract item if these costs had been incurredprior to the date of notification in writing of such elimination by the D If acceptable material is ordered by the Contractor for the eliminated item prior to thedate of notification of such elimination by the Director , and if orders for such materials cannotbe cancelled, it will be paid for at the actual cost to the Contractor. In such cases thematerial paid for shall become the property of the State, and the actual cohandling will be paid for by the State. If the material is returnable to the vendor and if theDirector so directs, the material shall be returned, and the Contractor will be paid for theactual cost of charges made by the vendor for returning the material. The State shall alsopay the actual cost of handling returned material.

60



The actual costs or charges to be paid by the State to the Contractor will be computede same manner as if the work were to be paid for on a force account basis.

9.6

tion or all of

in acceptable storage places in the vicinity of the project. Payments

nder this Section will not be made unless a proof of paymentor the materials is submitted

9.8

s of the work entering into the contract. Such

ent of the first 50 percent of the whole will beretained by

tract in an acceptable

B.

If the Director finds that unsatisfactory progress is being made, the Department may,from th

any sub9.9

in th

ASSIGNMENT OF PAYMENTS-All monies payable under the contract, or any partthereof, shall be paid to the Contractor in accordance with the provisions of this Article, andno assignment or order executed by the Contractor directing payment of any por

such funds to any other person or persons shall be recognized by the State unless suchassignment or order specifies the amounts to be so paid and the purposes for which theassignment or order is given. Such assignment or order shall be attached thereto, byendorsement or otherwise, the consent of the surety. No such assignment or order shall bebinding on the State.

9.7 PAYMENT FOR MATERIALS-Payments may be made to the extent of the cost to theContractor of approved materials to be incorporated in the work, when delivered on theproject site or storedmay also be made to the extent of the Contractor's cost for certain approved materialsfurnished and acceptably stored in a fabricator's yard provided such storage yard is withinthe State of Hawaii and the Contractor furnishes evidence satisfactory to the D irector thatsuch materials are identified for use on the project and that such materials cannot bereasonably used elsewhere.Payments authorized under this Section shall not exceed the bidprice of such item and shall not constitute final acceptance. The Contractor shall beresponsible for such materials.

Payment for material does not, in any way, relieve the Contractor from his obligationunder the terms of the contract to furnish and to incorporate the material into the workaccording to the specifications.

No payment will be made for living or per ishable plants until planted.

"Payment for materials uto the Engineer."

PROGRESS PAYMENTS-"Prior to application for the first progress payment underthe contract, the Contractor shall submit to the Engineer a complete detailed schedule ofvalues of the various divisions and subdivisionform, as may be approved by the Engineer, shall be used to determine the monthly progresspayment estimate and shall aggregate the total contract price." All progress estimates andpayments will be approximate only and shall be sub ject to correction at any time prior to orin the f inal estimate and payment. Each month as used herein shall mean the one period oftime between the 16th day of one month and the 15th day of the succeeding month.

No progress payment will be made when the total value of the work done since thelast estimate amounts to less than $500.00.

If the Director finds that satisfactory progress is being made:

A. An amount equivalent to 5 percdeducted from the total of the amounts ascertained as payable andthe Department until after completion of the entire conmanner .

Alter 50 percent of the work has been completed, the Department may makeany of the remaining progress payments in full.

e beginning of such unsatisfactory progress, withhold any amount up to 5 percent of

sequent progress payments. ACCEPTANCE AND FINAL PAYMENT-When the project has been accepted as

provided in Section 5.12, the Director will prepare the final estimate of the quantities of thevarious classes of work performed. After the Contractor accepts such final estimate, he willbe paid the entire sum found to be due after deducting all previous payments and allamounts to be retained or deducted under the provisions of the contract.

All prior progress estimates and payments shall be subject to correction in the finalestimate and payment.

61



Final payment will not be made until the Contractor has filed with the Department thefollowing:

dn,

The filinfuture work of

9.10 R

ntract, shall be retained and preserved for a period of not less than

ms tofree of any defect of equipment, material or

any damage to State owned or controlled real or personal

B.

wise remedy such failure,

D.

the direction of the State, be

E.

be liable for the repair of any defects of material

62

(1) Consent of the surety to payment of the final estimate;

(2) Satisfactory evidence by affidavit that all debts resulting from the contracthave been fully paid or satisfactorily secured;

(3) Tax clearance from the Director of Taxation that all delinquent taxes levieor allowed under State statutes have been paid in accordance with Sectio103-55 H.R.S.;

(4) Properly executed non-gratuity affidavit similar to copy annexed hereto.

g of willfully false affidavits will disqualify the Contractor from bidding one State. th

CORDS, ACCOUNTS AND DOCUMENTS-All records, accounts and documenE tsof the Contractor and his subcontractors, if any, in connection with the work performedunder the terms of the cothree (3) years from the date of final payment to the Contractor for the project and shall beavailable for inspection and auditing by representatives of the Department and otherpar ticipating agency or agencies, if any, at the respective offices of the Contractor and hissubcontractors. During such inspection and auditing of the records, accounts anddocuments, the Contractor shall assist in every way possible without cost to the State.

9.11 WARRANTY OF CONSTRUCTION-

A. In addition to any other warranties that may be set out elsewhere in this contract,the Contractor warrants that the work performed under this contract confor the contract requirements and isdesign furnished, or workmanship performed by the Contractor or any of hissubcontractors or suppliers at any tier. Such warranty shall continue for a periodof one year from the date of final acceptance of the work, but with respect to anypart of the work which the State takes possession of prior to final acceptance,such warranty shall continue for a period of one (1) year from the date the Statetakes possession.

Under this warranty, the Contractor shall remedy at his own expense any suchfailure to conform or any such defect. In addition, the Contractor shall remedy athis own expenseproperty when that damage is the result of the Contractor's failure to conform tocontract requirements or any such defect of equipment, material, workmanship,or design. The Contractor shall also restore any work damaged in fulfilling theterms of this clause. The Contractor's warranty with respect to work repaired or

replaced hereunder will run for one year from the date of such repair orreplacement.

The State shall notify the Contractor in writing within a reasonable time after thediscovery of any failure, defect, or damage.

Should the CoC. ntractor fail to remedy any failure, defect, or damage described inParagraph A above within a reasonable time after receipt of notice thereof. theState shall have the right to replace, repair, or other defect, or damage at the Contractor's expense.

In addition to the other rights and remedies provided by this clause, allsubcontractors', manufacturers', and suppliers' warranties expressed or implied,respecting any work and materials shall, atenforced by the Contractor for the benefit of the State. In such case if theContractor's warranty under Paragraph A above has expired, any suit directed bythe State to enforce a subcontractor's, manufacturer's or supplier's warranty shallbe at the expense of the State. The Contractor shall obtain any warranties whichthe subcontractors, manufacturers, or suppliers would give in normal commercialpractice.

If directed by the Director, the Contractor shall require any such warranties to be executed in writing to the State.

NotwithstaF. nding any other provision of this clause, unless such a defect iscaused by the negligence of the Contractor or his subcontractors or suppliers atany tier, the Contractor shall notor design furnished by the State nor for the repair of any damage which resultsfrom any such defect in State furnished material or design.



G.fects, gross mistake,

or fraud.

9.13Provisio

"If the proposal includes utility allowance items, the Contractor shall be reimbursed

63

The warranty specified herein shall not limit the State's rights under Section 5.12 Acceptance of these specifications with respect to latent de

PAYMENT FOR UTILITY ALLOWANCES is hereby added to the Generalns:

for actual utility charges from the utility allowance amounts. The bidder shall not add

overhead, profit, taxes, etc. into those proposal items."



STATE OF HAWAII DEPARTMENT OF

TRANSPORTATION HONOLULU, HAWAII

FORMS

Contents Exhibit A Proposal

B Declaration of State Employment C Contract

ity Affidavit

64

D BondE Non-Gratu



D A

irector of Transportation liiaimoku Hale

869 Punchbowl Street Honolulu, Hawaii 96813

Dear Sir:

The undersigned, as bidder, declares that this proposal is made without collusionwith any other person, firm or corporation; that he has car efully examined the job site andthat he has studied the proposed scope of work contemplated.

The undersigned agrees that if this proposal is accepted, he shall execute acontract with the State of Hawaii, similar to a copy of the same annexed to the GeneralProvisions, to provide all necessary labor, machinery, tools, equipment, apparatus and anyother means of construction, to do all the work and to furnish all the materials specified inthe contract in the manner and within the time therein prescribed in the contract, and thathe shall accept in full payment therefore the sum of the unit and/or lump sum prices as setforth in the attached proposal schedule for the actual quantities of work performed andmaterials furnished.

The undersigned understands that the quantities given in the attached proposal

schedule are approximate only and are intended principally to serve as a guide indetermining and comparing the bids; that the State of Hawaii does not express ly or byimplication, warrant or otherwise represent that the actual amount of work will correspondtherewith.

The undersigned further declares that in case of discrepancy between the unitprices and the totals in the attached proposal schedule, the unit prices shall prevail.

Exhibit A

65



further proposes to execute the contract agreement and tority pursuant to Sections 103-34 to 103-36, inclusive, Hawaii

Revised Statutes, within ten (10) days after the award of the contract or within suche as the Director of Transportation may allow after the undersigned has

received the contract documents for execution.

hich date is indicated in thenotice to proc and shall finish the entire project within the time prescribed.

following listed items: notice to bidders, instructions to bidders,special

similar to a copy of the same annexed to the General Provisions.

bidder's bond

cash

cashier's check

certified check

Check Whichever

is Applicable

in the amount of _____________________________________________________

________________________DOLLARS ($ ________________________________ ),, pursuant to

Sections 103-28, 103-30 and 103-31, Hawaii Revised Statutes.

66

The undersignedfurnish satisfactory secu

further tim

The undersigned agrees that he shall begin the work within fifteen (15) calendardays from the date he is notified to commence with the work w

eed

The undersigned further agrees that the Director of Transportation may reject anyor all bids and waive any defects when in his opinion such rejection or waiver will be forthe best interest of the public.

The undersigned further acknowledges receipt and warrants a complete examination of the

provis ns, if any, specifications, proposal, contract and bond forms, and theproject plans.

The undersigned further agrees that if this proposal is accepted and thecontract awarded, he shall, prior to payment of the final estimate, execute a non-gratuity affidavit form

io

Accompanying this proposal is



The undersigned acknowledges receipt of any addendum issued by recording in the space below the date of receipt.

In compliance with the provisions of Section 103-29, Hawaii Revised Statutes, theunder

1.

Addendum No. 1------- Addendum No. 2-------

Addendum No. 3------- Addendum No. 4-------

signed hereby submits the name of each person or firm to be engaged on the projectas joint contractor or subcontractor and indicates the nature and scope of the work to beperformed by said joint contractor or subcontactor. The undersigned understands that if hisproposal does not comply with this requirement it shall be rejected.

Name of Subcontractor Nature and Scope of Work

___

2. ____

3. ____

4. ____

5.

6.

7. ___________

8.

9. _____

1

Name of Joint Contractor Nature and Scope of Work

.

2.

3.

("None" indicates no Subcontractor or Joint Contractor.)

67



The undersigned hereby certifies that the bid prices contained in the attachedproposal schedule have been carefully checked and are submitted as correct andfinal.

of Sign

If bidder is a CORPORATION, the legal name of the corporation shall be set forths uthorized to Sign contracts on behalf ofb ore the ignatu (s) and f each

signer placed after his signature. Please attach to this page evidence of the authority of the

If bidder is a PARTNERSHIP, the true name of the firm shall be set forth above

behalf of the partnership.

hall be placed above.

bids or submitted with the bid; otherwise, the bid may be rejected as irregular andunauthorized.

usiness telephone

Name of Corporation, Partnership or Individual

Signature and Title er (Corporate Seal)

NOTE:

above together with the signature(s) of the officer( ) athe corporation. The word "By'' should be placed ef s re the title o

officer(s) to sign on behalf of the corporation.

together with the signature(s) of the partner(s) authorized to sign contracts on behalf of thepartnership. Please attach to this page evidence of the authority of the partner(s) to sign on

If bidder is an INDIVIDUAL, his signature s

If Signature is by an agent, other than an officer of a corporation or a member of apartnership, a POWER OF ATTORNEY must be on file with the Department prior to opening

Business address ________

B

___

8

Dated _______________________________, 19_____

6



DECLARATION OF STATE EMPLOYMENT

In compliance with Section 84-15,Hawaii Revised Statutes, individuals or business entitiesentering or proposing to enter into a contract with the Department of Transportation, State ofHawaii, must fill in the a h contract.Place X in applicable show

………………………………………………………………………………………………………..

FORM A-DECLARATION FOR INDIVIDUALS ON STATE CONTRACT

SUBECT:

ppropriate Form A or Form B below before entering into sucn on form to be used.

1. I declare that I am am not a legislator, elected or appointed officer,

compensated or uncompens the State of Hawaii.

2. I declare that I have not participated in a State capacity in the past two years in ject matter of this contract.

………………………………………………………………

__________________________________________________

2. I further declare that we have not been assisted or represented on this matter by anindividual who has, in a State capacity, been involved in the subject matter of this contract in

Firm

Date Signature and Title of Officer of Corporation or Business Entity

Exhibit B

69

ated, member of a board or commission, or other employee of

the sub

Date Signature of Individual

………………………………………………………………

FORM B – DECLARATION FOR BUSINESS ENTITIES ON STATE CONTRACT

SU BECT: ____

1. I declare that this firm is is not owned or controlled by any legislator, elected orappointed officer, compensated or uncompensated, member of a State board or commission,or other employee or the State or Hawaii.

the past two years.

Name of



CONTRACT

THIS AGREEMENT, made this_________ day of ______________ ,

19 , by and between the STATE OF HAWAII, by its Director of Transportation, hereinaf-

ter referred to as "STATE," and _ _

whose business and/or post office address is ____________

_____ hereinafter referred to as "CONTRACTOR".

W : That for and in consideration of the payments hereinafter mentioned,the CONTRACTOR hereby covenants and agrees with the STATE to complete in place,furnish and pay for all labor and materials necessary for

om ction shall be computed at the unit end/or lump sum price set forth inthe attached proposal schedule and shall be the sum of ___________________________ _________________________________ ___________________________DOLLARS ($ __________ ) as follows:

70

ITNESSETH

r such a part thereof as shall be required by the STATE, the total amount of which labor,aterial and constru

_______________________________________ ____________

EXHIBIT C



w

all in accordance with the specifications, the special provisions, if any, the notice to bidders,the instructions to bidders, the proposal and plans tor __________________ on file in theoffice of the Director of Transportation. These documents, together with alterations,

71

hich sum shall be provided from the following fund(s):

amendments, and additions thereto and deductions therefrom, are attached hereto orincorporated herein by reference and made a part or this contract.



The CONTRACTOR hereby covenants and agrees to complete such constructionwithin _______________________ (____________) working days from the date indicated in

the notice to proceed from the STATE subject, however, to such extensions as may beprovided for under the specifications.

For and in consideration of the covenants, undertakings and agreements of theCONTRACTOR herein set forth and upon the full and faithful performance there of by theCONTRACTOR, the STATE hereby agrees to pay the CONTRACTOR the sum of _________________________________________________________________________ DOLLARS ($ ______________________) in lawful money, but not more than actualquantities of work performed and materials furnished by the CONTRACTOR AT THE UNITOR LUMP SUM PRICES SET FORTH IN THE ATTACHED PROPOSAL SCHEDULE. Suchpayment, including any extras, shall be made, subject to such additions or deductions heretoor hereafter made in the manner at the time prescribed in the specifications and this contract.In any event, extras shall not exceed _________________________________________ ______________________________________________DOLLARS ($________________)

fund(s):

Where Federal funds are involved, it is covenanted and agreed by and between theparties hereto that the sums of

of the aforesaid Federalnds if and when such Federal funds shall be received from the Federal Government,d that this contract shall not be construed to be a general agreement to pay saidrtions at all events out of any funds other than those which may be so received from

e Federal Government; provided, that if the Federal share of the cost of the project is

ot immediately forthcoming from the Federal Government, the STATE may advance theONTRACTOR the anticipated Federal reimbursement of the cost of the completedortions of the work from funds which have been appropriated by the STATE for its prota share.

2

in lawful money and shall be provided from the following

shall be paid out of the applicable Federal funds, and that this contract shall be construedto be an agreement to pay said sums to the Contractor only outfuanpoth

nCpra

7



The CONTRACTOR further agrees to execute the attached non-gratuity affidavitform prior to payment of the final estimate by the STATE.

All words used herein in the sin gular number shall extend to and include the plural. All wo

By

rds used in the plural number shall extend to and include the singular. The use of anygender shall extend to and include all genders.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be dulyexecuted the day and year first above written.

STATE OF HAWAII

Director of Transportation

By

By

APPROVED AS TO FORM

Deputy Attorney General

73



PERFORMANCE AND PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, that

as Principal, and

as Surety, are held and firmly bound unto the State of Hawaii, its successors or assigns, inthe full and just sum of

DOLLARS ($) in lawful money of the United States of America, for the payment of

hich to the State of Hawaii, its successors ow r assigns well and truly to be made, we dohereby bind ourselves and our respective heirs, executors or administrators and successors, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounden Principal shall fullyand faithfully perform and fulfill that certain contract dated , entered intoby said Principal with the State of Hawaii tor the furnishing and paying for

conforming in all respects to th saidcontract as it now exists or may be modified shall promptly payall just claims for labor and materials used in the prosecution of the work provided for in theaforesaid contract, and shall deliver said work to the State of Hawaii, or to its successors orassigns, fully completed as specified and free from all liens and claims and without furthercost, expense or charge to the State of Hawaii, its successors or assigns, and shall saveand hold harmless the State of Hawaii, its officers, agents, successsuits or actions of every natur anyinjury or damage, direct or indirect, arising or growing out of the doing of said work or therepair or maintenance thereof, then this obligation shall be void; otherwise, it shall be andremain in full force and effect.

AND IT IS HEREBY STIPULATED AND AGREED: 1) that no change, ex

contract, in or to the te tions

pertaining thereto, shall in any way affect the obligation of said Surety on this bond;and that said Surety does hereby waive notice of any such change, extension,

r addition in or to the terms of said contract or the plans org thereto or in or to said work.

2) that suit on this bond may be brought before a court of competent jurisdictionwithout a jury, and that the sum or sums specified in said contract as liquidateddamages shall be considered as, and held to be, fixed and liquidated damages whichshall be forfeited to the State of Hawaii, its successors or assigns, in the event of a

pulations, agreements, covenants orith the terms

Exhibit D

74

e stipulations, a d conditions of greements, covenants anaccording to its terms, and

ors or assigns from alle and kind which may be brought for or on account of

tension, alteration, deduction or addition, permitted by saidrms of said contract, including the plans or specifica

alteration, deduction ospecifications pertainin

breach of any, or all, or any part of, the sti in said contract or in this bond, in accordance wconditions contained

thereof.



3) that this bond shall inure to the benefit of any and all persons entitled to file claimsfor labor performed or materials furnished in said work so as to give any and all suchpersons a right of action as contemplated in Section 507-17, Hawaii Revised Statutes.

WITNESS our hands and seals at , Stateof , this day of , A.D.1

RINCIP L:

9

P A By

Its

ByIts

SURETY

By Its

ByIts

APPROVED AS TO FORM

75

Deputy Attorney General



to be Ex r fore th yment is Made

Name of Project

NON-GRATUITY AFFIDAVIT

A Release Form ecuted and Filedby the Contracto be e Final Pa

Project No.

C t No.ontrac

District of

Island of

STATE OF HAWAII )

) SS.

)

The undersigned hereby certifies that he is the(Title)

_______________of__________ _____ ___________________________________________

(Name of Individual)

: that in connection with(partnership or corporation)

the afore said project, he or its offgive to any Department of Transportation

employee, his relatives or agents, any gift of money or any other gift; or gratuity in any formwhatsoever; has (have) not loaned any money or anything of value to any Department of Transportation employee, his relatives or agents; has (have) not rented or purchased anyequ r supplies of any nature whatsoever f rom any Department ofTransportation employee, his .

Subscribed and sworn to before me this

icers, representatives, agents, subcontractors or employeeshas (have) not given or made any agreement to

ipment, or any form thereof, o relatives or agents

day of , 19

Notary Public, JudicialCircuit, State of Hawaii

DOT Gen Prov for Construction Proj (1977) W-supplemental

Documents

Transcript of DOT Gen Prov for Construction Proj (1977) W-supplemental