TABLE OF CONTENTS

PAGES

NOTICE TO BIDDERS 1

INSTRUCTIONS TO BIDDERS 6

PROPOSAL 14

CONTRACT (SAMPLE FORMS)

CONTRACT FOR CONSTRUCTION 9

GENERAL TERMS AND CONDITIONS 51

PERFORMANCE BOND WITH SURETY 6

PAYMENT BOND WITH SURETY 6

CONTRACTOR’S STANDARDS OF CONDUCT DECLARATION 2

TECHNICAL SPECIFICATIONS (COVER SHEET)

DIVISION 1 GENERAL REQUIREMENTS

SECTION 01170 GENERAL PROJECT REQUIREMENTS 8

SECTION 01300 SUBMITTALS 3

SECTION 01500 CONTRACTOR’S UTILITIES AND TEMPORARY FACILITIES 3

DIVISION 16 ELECTRICAL

SECTION 16050 ELECTRICAL GENERAL REQUIREMENTS 8

SECTION 116402 WIRING SYSTEMS 11

WAIHEE WELLS ELETRICAL UPGRADES Instructions to Bidders DWS Job No. 19-01G Page 1 of 6

INSTRUCTIONS TO BIDDERS

1. PRE-BID CONFERENCE AND TOUR OF PROJECT SITE

The Department of Water Supply, County of Maui, will conduct a pre-bid conference and

site visit at the time/date and location specified in the Notice to Bidders. A tour of the

project site will be conducted AFTER the pre-bid conference. Prospective bidders are

responsible for providing their own transportation. The pre-bid site visit (tour) is not

mandatory, however highly encouraged for all prospective bidders.

2. RECEIPT OF BID DOCUMENTS

Bid documents for this project are available at the County of Maui, Bid and Contract

Opportunities page, https://www.mauicounty.gov/bids.aspx.

Bid documents contain sensitive security information relating to infrastructure affecting

public health and safety. Bid documents may not be copied, scanned, reproduced, or

transmitted in any manner without the written authorization of the Director.

3. STANDARD QUESTIONNAIRE

A “Standard Qualification Questionnaire” is not required to be submitted for this bid.

4. BID SECURITY

No bid proposal will be considered unless accompanied by an acceptable form of bid

security, made payable to the “County of Maui” in the manner, form and amount required

by Section 103D-323, Hawaii Revised Statutes (HRS) and Section 3-122-222, Hawaii

Administrative Rules, as amended. Bid security shall be in the amount equal to at least

five percent (5%) of the amount of the base bid, including additives. Bidders must use the

most updated state/county approved bid, performance, and payment bond forms. A copy

of the current bid bond is included with the bid documents.

Bid security received from the bidders submitting the three lowest bids shall be retained

by the Department until the contract has been fully executed and funding has been

certified and until an acceptable performance and payment bond and all required

certificates of insurance have been received by the Department from the bidder awarded

the contract. Bid security received from bidders other than from the three lowest bids shall

be returned to each respective bidder upon review of all bids by the Department.

5. TAX CLEARANCE

The winning bidder shall, prior to award of contract, submit an original tax clearance

certificate or certified copy from the Department of Taxation and the Internal Revenue

Service, using Form A-6, or in conformance with the Hawaii Compliance Express formant.

Tax clearance certificates are valid for six (6) months. The validity period will begin with

the later approval date stamped on the tax clearance. The tax clearance submitted must

remain valid for the contract award encumbrance.

Failure to submit the required tax clearance will be sufficient grounds for the Department

to refuse to consider the bidder’s proposal.

WAIHEE WELLS ELETRICAL UPGRADES Instructions to Bidders DWS Job No. 19-01G Page 2 of 6

6. RESPONSIBILITY OF BIDDERS

HRS Chapters 383 (Unemployment Insurance), 386 (Workers’ Compensation), 392

(Temporary Disability Insurance), and 393 (Prepaid Health Care) requirements for

award.

Pursuant to 103D-310c, HRS, the successful bidder shall be required to submit an

approved certificate of compliance issue by the Hawaii State Department of Labor and

Industrial Relations (DLIR). The certificate is valid for six (6) months from the date of issue

and must be valid on the date it is received by the purchasing agency.

The certificate of compliance shall be obtained on the State of Hawaii, DLIR FORM LIR#27

APPLICATION FOR CERTIFICATE OF COMPLIANCE WITH SECTION 3-122-112, HAR,

which is available at http://labor.hawaii.gov/ui/ui-forms/ or at the neighbor island DLIR

District Offices. The DLIR will return the form to the bidder who in turn shall submit it to

the purchasing agency. The application for the certificate is the responsibility of the bidder,

and must be submitted directly to the DLIR and not to the purchasing agency.

HRS Section 103D-310(c) (1) or (2) requirement for award.

To be eligible for award, the bidder must comply with either 103D-310 (c)(1) or 103D (c)(2),

HRS, as follows:

103D-310(c)(1) Hawaii business A business entity meeting the requirements of

103D-310(c)(1), referred to as a “Hawaii business”, is incorporated or organized

under the laws of the State of Hawaii. As evidence of compliance, bidder shall

submit a CERTIFICATE OF GOOD STANDING issued by the Department of

Commerce and Consumer Affairs (DCCA) Business Registration Division (BREG).

A Hawaii business that is a sole proprietorship, however, is not required to register

with the BREG, and therefore not required to submit the certificate. A bidder’s

status as sole proprietor and its business street address indicated on the Offer

Form will be used to confirm that the bidder is a Hawaii business.

103D-310(c)(2) Compliant non-Hawaii business A business entity meeting the

requirements of 103D-310(c)(2), referred to as a “compliant non-Hawaii business”

is not incorporated or organized under the laws of the State of Hawaii but is

registered to do business in the State as a separate branch or division capable of

fully performing under the contract. As evidence of compliance, bidder shall submit

a CERTIFICATE OF GOOD STANDING.

To obtain a CERTIFICATE OF GOOD STANDING go online to http://cca.hawaii.gov/breg/online/cog/ and follow the prompt instructions. The certificate

is valid for six (6) months from the date of issue and must be valid on the date it is received

by the purchasing agency. Bidders are advised that there are costs associated with

registering and obtaining a CERTIFICATE OF GOOD STANDING from the DCCA.

Timely Submission of Certificates. The above certificates should be applied for and

submitted to the purchasing agency as soon as possible. If a valid certificate is not

submitted on a timely basis for award of a contract, an offer otherwise responsive and

responsible may not receive the award.

WAIHEE WELLS ELETRICAL UPGRADES Instructions to Bidders DWS Job No. 19-01G Page 3 of 6

Final Payment Requirements. In addition to a tax clearance certificate a “Certification

of Compliance for Final Payment” (SPO Form-22) will be required for final payment. A

copy of the Form is available at http://pwd.hawaii.gov/construction-management-

branch/construction-administration-forms/.

7. BID SUBMITTAL

Each bid shall be time-stamped upon receipt and held until the time and date set forth in

the Notice to Bidders.

Bids will be publicly opened at the time, date and place designated in the Notice to Bidders.

Bids are to be enclosed in a sealed envelope and marked plainly on the outside “WAIHEE

WELLS ELECTRICAL UPGRADES BID.” Bid proposals must be made on the proposal

form provided by the Department and must be fully completed and executed upon

submittal. Bidders shall submit original bids only.

FAXED BIDS WILL NOT BE ACCEPTED. The Department will reject any bid if FAXED

in whole or in part.

8. ADDENDA

No addenda will be issued during the five (5) days preceding the date of the bid opening

(not including the bid opening date), unless the purpose of the addenda is to postpone the

date of bid opening. Any addenda issued before the opening of proposals shall be binding

upon the bidder and shall be made a part of the contract documents.

9. CONTRACTOR’S LICENSE

To be eligible to bid, bidders or their subcontractors must possess valid State of Hawaii

Contractor’s licenses that apply to the work to be performed.

General Engineering Contractors holding an “A” license and General Building Contractors

holding a “B” license are reminded that due to the Hawaii Supreme Court’s January 28,

2002 decision in Okada Trucking Co., Ltd. v. Board of Water Supply, et al., 97 Haw. 450

(2002), they are prohibited from undertaking any work, solely or as part of a larger project,

which would require the general contractor to act as a specialty contractor in any area

where the general contractor has no license. Although the "A" and "B" contractor may still

bid on and act as the "prime" contractor on an "A" or "B" project (See, HRS § 444-7 for

the definitions of an "A" and "B" project.), respectively, the "A" and "B" contractor may only

perform work in the areas in which they have the appropriate contractor’s license (An "A"

or "B" contractor obtains "C" specialty contractor’s licenses either on its own, or

automatically under HAR § 16-77-32.). The remaining work must be performed by

appropriately licensed entities. It is the sole responsibility of the contractor to review the

requirements of this project and determine the appropriate licenses that are required to

complete the project.

10. VERIFICATION OF SITE CONDITIONS

Prior to submitting a bid, each bidder must satisfy them self of the accuracy of the

estimated quantities in the proposal schedule by examination of the site and review of the

construction plans and specifications, including addendums, and shall report to the

WAIHEE WELLS ELETRICAL UPGRADES Instructions to Bidders DWS Job No. 19-01G Page 4 of 6

Director, in writing, any discrepancies found between the various parts of the bid

documents and between the bid documents and the field conditions.

Each bidder, upon submittal of a bid, accepts the conditions at the project site, such as

disposal, handling, and storage of materials, availability of labor, water, electric power,

and roads, uncertainties of weather, and other physical conditions, as they eventually may

be found to exist and warrants and represents that the Contractor can and will be

performed under such conditions, and that all materials, equipment, labor, and other

facilities, required because of any unforeseen conditions (physical or otherwise) shall be

wholly at the contractor's own cost and expense, anything in the contract to the contrary

notwithstanding.

11. PREVAILING WAGES

The contractor shall comply with the schedule of wage rates published by the State of

Hawaii Department of Labor and Industrial Relations (DLIR) recognized by the Director of

Labor and Industrial Relations to be prevailing on public construction work for the

purposes of Chapter 104, Hawaii Revised Statutes. The schedule of wage rates is

applicable only to those laborers and mechanics employed at the site of work.

The wage rate schedules are issued on or about February 15 and September 15 of each

year. Whenever the Director determines that the prevailing wage has increased as shown

in the wage rate schedule, the contractor must increase the wages accordingly during the

performance of the contract. Addenda or additional wage rate schedules will be posted

on the DLIR website at http://labor.hawaii.gov/rs/home/wages/72-2.

12. ACT 68, EMPLOYMENT OF STATE RESIDENTS ON CONSTRUCTION

PROCUREMENT CONTRACTS

Bidders are advised of the applicability of Act 68, SB 2840, Employment of State Residents

on Construction Procurement Contracts, (2010) (“Act 68”). Act 68 requires the awarded

contractor to ensure that Hawaii Residents (as defined in the Act) compose not less that

eighty percent of the workforce employed to perform the contract. This requirement shall

also apply to subcontracts of $50,000 or more in connection with any construction contract

procured under HRS Chapter 103D, but does not apply to procurements made pursuant

to HRS §103D-304 (professional services), HRS § 103D-305 (small purchases), or if there

is a conflict with any federal law as further detailed below under “Conflict with Federal

Law.”

Definitions for terms used in Act 68 (2010)

“Contract” means contracts for construction under chapter 103D, HRS.

“Contractor” has the same meaning as in section 103D-104, HRS, provided that

contractor includes a subcontractor where applicable.

“Construction” has the same meaning as in section 103D-104, HRS.

“Procurement Officer” has the same meaning as in section 103D-104, HRS.

WAIHEE WELLS ELETRICAL UPGRADES Instructions to Bidders DWS Job No. 19-01G Page 5 of 6

“Resident” means a person who is physically present in the state at the time the

person claims to have established the person’s domicile in the state and shows

the person’s intent is to make Hawaii the person’s primary residence.

“Shortage Trade” means a construction trade in which there is a shortage of Hawaii

residents qualified to work in the trade.

Requirements of Contractor

The contractor awarded this contract shall ensure that Hawaii Residents compose not less

than eighty percent (80%) of the workforce employed to perform this Contract, calculated

as follows:

The eighty percent (80%) requirement shall be determined by dividing the total

number of hours worked on a contract by Residents by the total number of hours

worked by all employees of the Contractor in the performance of the Contract.

Hours worked for any subcontractor of the contractor shall count towards the

calculation for purposes of this subsection. The hours worked by employees within

shortage trades, as determined by the Department of Labor and Industrial

Relations, shall not be included in the calculations for purposes of this subsection.

This requirement shall be applicable during the entire duration of this Contract. A

notarized Certification for Employment of State Residents on Construction Procurement

Contracts shall be submitted on a monthly basis with your progress payments. If no

progress payments are made for any month, the Contractor is still responsible to submit

the certification on a monthly basis.

Penalties

Failure to comply with this requirement shall be subject to any of the following sanctions:

(1) Temporary suspension of work on the project until the Contractor or

subcontractor complies with Act 68;

(2) Withholding of payment on the Contract or subcontract, as applicable, until

the Contractor or subcontractor complies with Act 68;

(3) Permanent disqualification of the Contractor or subcontractor from any

further work on the project;

(4) Recovery by the County of any moneys expended on the Contract or

subcontract, as applicable; or

(5) Proceedings for debarment or suspension of the Contractor or

subcontractor under section 103D-702.

Conflict with federal law

Act 68 shall not apply if the application of the Act is in conflict with any federal law, or if

application of Act 68 will disqualify the County from receiving federal funds or aid.

WAIHEE WELLS ELETRICAL UPGRADES Instructions to Bidders DWS Job No. 19-01G Page 6 of 6

13. PROMPT PAYMENT BY CONTRACTORS TO SUBCONTRACTORS (ACT 291)

Bidders are advised of the applicability of Act 291, SLH 2006, the Prompt Payment

Act which became effective on July 1, 2007 for contracts that are executed on or after

July 11, 2007. The act enables prompt payment for government work of general

contractors, subcontractors, and material suppliers. It achieves a reasonable balance

between incentive for prompt payment and protecting the interests of general contractors,

subcontractors, material suppliers, and government agencies. All government agencies

are responsible for implementation. A copy of Act 291 is available at

https://www.capitol.hawaii.gov/session2006/bills/HB3036_cd1_.htm.

All applicable references contained in the General Terms and Conditions, General

Instruction to Bidders, special provisions and bid documents are superseded by this Act.

14. ACT 17, SLH 2009 – APPRENTICESHIP PROGRAM

Bidders with apprenticeship programs that are registered with the State of Hawaii

Department of Labor and Industrial Relations are advised that they may apply for a

preference of five percent (5%) for this project that the Department has determined is

$250,000.00 or more. Further information and instruction is contained in the Proposal.

Details and procedures shall be in accordance with the State of Hawaii Comptroller’s

Memorandum No. 2010-29, which can be found at http://ags.hawaii.gov/wp-

content/uploads/2012/09/CM2011-25.pdf.

15. CAMPAIGN CONTRIBUTIONS SECTION 11-205.5 HRS

Contractors are hereby notified of the applicability of Section 11-205.5 HRS, which states

that campaign contributions are prohibited from specified County government contractors

during the term of the contract if the contractors are paid with funds appropriated by a

legislative body.

16. DEPARTMENT OF WATER SUPPLY CONTRACT INFORMATION

Bidders shall contact the following for information regarding bidding procedures and

requirements.

ATTN: Tammy Yeh, Project Engineer ENGINEERING DIVISION Department of Water Supply County of Maui 200 South High Street, 5th Floor Wailuku, Hawaii 96793 Phone: (808) 270-7835 Fax: (808) 270-7833

WAIHEE WELLS ELETRICAL UPGRADES Proposal DWS Job No. 19-01G Page 1 of 14

PROPOSAL FOR:

WAIHEE WELLS ELECTRICAL UPGRADES

DWS JOB NO. 19-01G

WAIHEE, MAUI, HAWAII

TMK: (2) 3-2-017:031

BIDDER’S NAME:

Director

Department of Water Supply

County of Maui

200 South High Street

Wailuku, Maui, Hawaii 96793

Dear Sir:

The undersigned bidder, agrees to furnish and pay for all labor, materials, tools, and equipment,

necessary to complete in place, the work called for in the bid documents in accordance with their

intent and meaning for the TOTAL SUM BID of:

DOLLARS

($ ), as itemized in the attached Proposal Schedule.

The undersigned bidder declares the following:

1. It is incorporated or organized under the laws of the State of Hawaii, or is registered

to do business in the State of Hawaii as a separate branch or division that is capable

of fully performing under the contract and shall submit documents to the Department

to demonstrate compliance.

2. It has not, either directly or indirectly, entered into any agreement, participated in any

collusion, or otherwise taken any action in restraint of free competitive bidding in

connection with this proposal.

3. It has not been assisted or represented on this matter by any individual who has, in a

County capacity, been involved in the subject matter of this contract within the past

two years.

4. It has not and will not, either directly or indirectly offered or given a gratuity (i.e., an

entertainment or gift) to any State or County employee to obtain a contract or favorable

treatment under a contract.

5. It will not maintain for its employees any segregated facilities at any of its

establishments.

6. It does not and will not permit its employees to perform their services at any location

under its control, where segregated facilities are maintained.

WAIHEE WELLS ELETRICAL UPGRADES Proposal DWS Job No. 19-01G Page 2 of 14

The undersigned bidder further agrees and avers that:

1. The submittal of this bid is verification that he has reviewed and understands the bid

documents and agrees to accept and abide with the terms of the conditions contained

herein, that he has inspected the project site and has satisfied himself as to the

quantities involved, the material and equipment required, and the work involved. The

Bidder declares that he has exercised his own judgment regarding the subsurface

conditions, and has utilized all data which he believes pertinent from the Department

of Water Supply of the County of Maui, referred to as the "Department", and other

sources in arriving at his conclusion.

2. Contract Time shall not exceed ONE HUNDRED SIXTY-FIVE (165) CALENDAR

DAYS. The contract time shall commence on the date of notification to begin work,

which date will be issued in the notice to proceed. Delays without adequate

justification will not be allowed.

3. Liquidated Damages shall be TWO HUNDRED FIFTY DOLLARS ($250.00) for each

calendar day the contract time is exceeded.

4. Bids shall be compared on the basis of total sum bid – with credits for Act 175

pertaining to Hawaii Products Preference and Act 17 pertaining to Apprenticeship

Program – submitted for the Base Bid. Award shall be made to the lowest responsible

bidder for the Base Bid. The decision to proceed with any Additive Bid ltem(s) shall be

at the County's discretion and subject to the availability of funds.

5. That the quantities given in the attached Proposal Schedule are approximate only and

are intended principally to serve as a guide in determining and comparing the bids.

6. The County does not, expressly or by implication, agree that the actual amount of work

will correspond therewith, but reserves the right to increase or decrease the amount

of any class or portion of the work, or to omit portions of the work as may deemed

necessary or advisable by the Director of Water Supply, and that all increased or

decreased quantities of work shall be performed at the unit prices set forth in the

attached Proposal Schedule except as provided for in the specifications.

7. In case of a discrepancy between unit prices and the totals in the attached Proposal

Schedule, the unit prices shall prevail. If the addition of the totals are incorrect, the

total sum bid shall be corrected.

8. If this proposal is accepted, it shall execute a contract with the County to provide all

necessary labor, machinery, tools, equipment, apparatus and any other means of

construction, to do all the work and to furnish all the materials specified in the contract

in the manner and within the contract time, and that it shall accept in full payment

therefore the sum of the unit price bid and/or lump sum bid prices as set forth in the

attached Proposal Schedule for the actual quantities of work performed and materials

furnished.

WAIHEE WELLS ELETRICAL UPGRADES Proposal DWS Job No. 19-01G Page 3 of 14

9. To furnish satisfactory performance and payment bond or security for one hundred

percent (100%) of the contract price, in accordance with Section 103D-324, Hawaii

Revised Statues, within 10 days after the award of the contract or within such time as

the Director of Finance may allow after the undersigned has received the contract

documents for execution, and is fully aware that non-compliance with the

aforementioned terms will result in the forfeiture of the full amount of the bid guarantee

required under Section 103D-323, Hawaii Revised Statues.

10. The County reserves the right to reject any or all bids and to waive any defects when

in the Director's opinion such rejections or waiver will be for the best interest of the

public.

11. Upon award of a contract, the bidder to whom the contract is awarded shall comply

with Chapters 237 (general excise tax); 383 (employment security); 386 (workers

compensation); 392 (temporary disability insurance); and 393 (pre-paid health care),

Hawaii Revised Statues.

The undersigned bidder acknowledges receipt of and certifies that it has completely examined

the following listed items:

1. Water System Standards, 2002

2. Hawaii Standard Specifications for Road and Bridge Construction, 2005

3. Other standard specifications or details referenced in the project specifications

4. Notice to Bidders

5. Instructions to Bidders

6. Proposal

7. Sample Contract Form

8. Sample Performance and Payment Bond Forms

9. Construction Contract General Terms and Conditions

10. Project Plans and Specifications

11. Special Provisions and All Amendments

Accompanying this proposal is bid security in the amount of

DOLLARS ($ ), in

the form checked below and in accordance with Section 103D-323, Hawaii Revised Statutes.

Surety Bond* ) *Use standard form

Cash )

Cashier’s Check )

Certified Check )

)

(Fill in other acceptable security)

The undersigned acknowledges receipt of any addendum issued by the Department of Water

Supply by recording in the space below the date of receipt.

Addendum No. 1: Addendum No. 2:

Addendum No. 3: Addendum No. 4:

WAIHEE WELLS ELETRICAL UPGRADES Proposal DWS Job No. 19-01G Page 4 of 14

HAWAII PRODUCT PREFERENCE

The Hawaii product preference pursuant to Act 175, SLH 2009 may be applicable to this

solicitation. The current Hawaii products list is available on the State Procurement Office (SPO)

website at:

http://spo.hawaii.gov/for-state-county-personnel/programs/procurement/solicitation/goods-

services-construction/preferences/hawaii-product-preferences/.

Bidders offering a Hawaii Product (HP) shall identify the HP on the Hawaii Products Preference

Schedules. Any person desiring a Hawaii product preference shall have the product(s) certified

and qualified if not currently on the Hawaii products list, prior to the deadline for receipt of offer(s)

specified in the procurement notice and solicitation. Persons wishing to certify and qualify a

product not currently listed as a Hawaii Product shall submit a Certification for Hawaii Product

Preference (form SPO-038) to:

County of Maui Purchasing Division

2145 Wells Street, Suite 104

Wailuku, HI 96793

Attn: Purchasing Administration

For each product being requested, one form shall be completed and submitted (i.e., 3 products

should have 3 separate forms completed). The form is available on the SPO website at

http://spo.hawaii.gov/all-forms/. To access the form, click on the “SPO-038” link. The

responsibility for certification and qualification shall rest upon the person requesting the

preference.

The deadline for submitting a completed SPO-038 form is ten (10) days before bid opening. Late

submittals for this solicitation will not be reviewed by the County.

When a solicitation contains both HP and non-HP, then for the purpose of selecting the lowest

bid or purchase price only, the price offered for a HP item shall be decreased by subtracting ten

percent (10%) for the class I or fifteen percent (15%) for the class II HP items offered, respectively.

The lowest total offer, taking the preference into consideration, shall be awarded the contract

unless the offer provides for additional award criteria. The contract amount of any contract

awarded, however, shall be the amount of the price offered, exclusive of the preferences.

Change in Availability of Hawaii product. In the event of any change that materially alters the

offeror’s ability to supply Hawaii products, the offeror shall immediately notify the procurement

officer in writing and the parties shall enter into discussions for the purposes of revising the

contract or terminating the contract for convenience.

Bidders are encouraged to review Section 103D-1002, HRS, as amended by Act 175, Session

Laws of Hawaii 2009.

The Hawaii Product Preference shall not apply whenever its application will disqualify any

governmental agency from receiving Federal funds or aid.

WAIHEE WELLS ELETRICAL UPGRADES Proposal DWS Job No. 19-01G Page 5 of 14

HAWAII PRODUCTS PREFERENCE SCHEDULE

Product Description Class Manufacturer

Cost FOB Jobsite,

Unloading,

Including

Applicable General

Excise and Use

Taxes

Preference

Amount

(10% for Class

I or 15% for

Class II)

$ $

$ $

$ $

$ $

TOTAL SUM OF PREFERENCE AMOUNTS $

Attach additional sheets as necessary.

Notes:

1. Bidders shall fill out the above schedule for each Hawaii product for which a preference

is being requested. Hawaii products must be listed in the Hawaii products list at the

State of Hawaii SPO website or an approved Certification for Hawaii Product

Preference (form SPO-038) shall be attached to the bid proposal for items not listed

on the SPO website. Pending certifications or unlisted certifications from the State or

other Counties shall not be acceptable unless prior approval from the County of Maui

Purchasing Division is obtained.

2. All Hawaii products listed are subject to verification. Any product that cannot be

validated due to vague, ambiguous, illegible or unverifiable language; or incorrect

manufacturer name, is subject to denial. The Purchasing Administrator’s decision is

final.

3. Bidders shall attach written quotes from manufacturers to the bid proposal for each

Hawaii product for which a preference is being requested. Quotes shall be dated and

shall have the manufacturer’s name and contact information, product description,

quantities, unit price and total price. Any Hawaii product preference without an

accompanying written quote from the manufacturer will be denied.

4. Bidders shall provide justification for any additional loading, unloading and

transportation costs, and taxes. These costs may be in the form of estimates;

however, if the additional costs are deemed unreasonable by the Purchasing

Administrator, such costs shall be denied and the Preference Amount adjusted

accordingly. The Purchasing Administrator’s decision is final.

WAIHEE WELLS ELETRICAL UPGRADES Proposal DWS Job No. 19-01G Page 6 of 14

HEALTH AND SAFETY PROGRAMS

Bidders must include a signed certification with their bids that a written safety and health plan for

the job will be available and implemented by the “Notice to Proceed” date of the project.

Certificate form is attached to the Proposal.

ACT 17, SLH 2009 – APPRENTICESHIP PROGRAM (JOBS OVER $250,000.00)

Bidders with apprenticeship programs that are registered with the State of Hawaii Department of

Labor and Industrial Relations (DLIR) may apply for a preference of five percent (5%) for projects

in which the County of Maui Department of Water Supply estimates that the project cost will

be $250,000.00 or more. Details and procedures shall be in accordance with the State of Hawaii

Comptroller’s Memorandum No. 2011-25, which can be found at https://ags.hawaii.gov/wp-

content/uploads/2012/09/CM2011-25.pdf.

Bidders applying for preference under ACT 17, SLH 2009 Apprenticeship Program shall attach a

completed Form 1: CERTIFICATION OF BIDDER’S PARTICIPATION IN APPROVED

APPRENTICESHIP PROGRAM UNDER ACT 17, which is available at

http://labor.hawaii.gov/wdd/home/employers/apprenticeship/aap/.

ACT 68, EMPLOYMENT OF STATE RESIDENTS ON CONSTRUCTION PROCUREMENT

CONTRACTS

Bidders are advised of the applicability of Act 68, SB 2840, Employment of State Residents on

Construction Procurement Contracts, (2010) (“Act 68”). Act 68 requires the awarded contractor

to ensure that Hawaii Residents (as defined in the Act) compose not less that eighty percent

(80%) of the workforce employed to perform the contract. This requirement shall also apply to

subcontracts of $50,000 or more in connection with any construction contract procured under

HRS Chapter 103D, but does not apply to procurements made pursuant to HRS §103D-304

(professional services), HRS § 103D-305 (small purchases), or if there is a conflict with any

federal law. See Instruction to Bidders and Certification E-1 of these specifications for further

information and requirements.

COUNTY OF MAUI GENERAL TERMS AND CONDITIONS

The County of Maui General Terms and Conditions Construction Contracts shall be made a part

of these bid documents. A copy is included in these bid documents; however, bidders shall use

the latest available revision, which can be found at

http://www.mauicounty.gov/DocumentCenter/Home/View/3181.

WAIHEE WELLS ELETRICAL UPGRADES Proposal DWS Job No. 19-01G Page 7 of 14

SUBCONTRACTOR AND JOINT CONTRACTOR LISTING

In accordance with Section 103D-302, Hawaii Revised Statutes, the undersigned as bidder has

listed below the name of each person or firm, who will be engaged by the bidder on the project

as joint contractor or subcontractor and the nature of work to be done by each. It is understood

that failure to comply with these requirements may be cause for rejection of the bid submitted.

If no joint contractor or subcontractor is to be engaged, the bidder must complete the form by

writing “NONE”. If left blank, the Department will interpret the blank as no joint contractor or

subcontractor will be used.

Each bidder shall fill in contractor’s and subcontractors’ license numbers. Bidders must list not

only their name and all subcontractor’s names, but also a valid license number for each contractor

and subcontractor as indicated on the DCCA contractor’s licensing website at

http://pvl.ehawaii.gov/pvlsearch/app. It is the bidder’s responsibility to only work with contractors

and subcontractors that are in good standing with the State of Hawaii DCCA contractor’s licensing

office and are represented as such on the DCCA website. If contractor’s license cannot be verified

as being in good standing on the DCCA website at the time of bid opening, then the County has

discretion to reject the contractor’s bid on this basis.

The County will verify the license of the contractor and all of the listed subcontractors, on the

State website at http://pvl.ehawaii.gov/pvlsearch/app, of the lowest bidder after bid opening. The

County will also print out the license status for the contractors and each subcontractor listed and

keep them in the bid file.

The County will also verify the license of the 2nd and 3rd contractor and their subcontractors in

case the low bidder does not end up with the contract. If, for whatever reason, the County does

not end up contracting with one of the three lowest bidders, the County will check the licenses of

the other bidders, on a later date, and that verification date will be at the sole discretion of the

County.

If a subcontractor is listed, and the license number is listed but not listed accurately, or numbers

are transposed, or the subcontractor name listed does not match DCCA listing, or the name and

license number cannot be verified through the State Website, etc., the County will have the sole

discretion to accept or reject that contractor’s bid based on the ability to quickly locate that license

number on the State Website using the license holder information provided below.

If the State contractor’s licensing website is unavailable after the bid opening, or if the County

internet service is down, etc., the County has the sole discretion to verify licenses as soon as

possible at a later date, but prior to the award of contract.

WAIHEE WELLS ELETRICAL UPGRADES Proposal DWS Job No. 19-01G Page 8 of 14

CONTRACTOR:

NAME

NATURE

OF WORK

LICENSE

CLASS

LICENSE

NO.

1. ________________________________ ______________ ________ ________

SUBCONTRACTOR:

NAME

NATURE

OF WORK

LICENSE

CLASS

LICENSE

NO.

1. ________________________________ ______________ ________ ________

2. ________________________________ ______________ ________ ________

3. ________________________________ ______________ ________ ________

4. ________________________________ ______________ ________ ________

5. ________________________________ ______________ ________ ________

6. ________________________________ ______________ ________ ________

7. ________________________________ ______________ ________ ________

8. ________________________________ ______________ ________ ________

9. ________________________________ ______________ ________ ________

10. ________________________________ ______________ ________ ________

11. ________________________________ ______________ ________ ________

12. ________________________________ ______________ ________ ________

JOINT CONTRACTOR:

NAME

NATURE

OF WORK

LICENSE

CLASS

LICENSE

NO.

1. ________________________________ ______________ ________ ________

2. ________________________________ ______________ ________ ________

(Use additional sheets, if necessary)

WAIHEE WELLS ELETRICAL UPGRADES Proposal DWS Job No. 19-01G Page 9 of 14

PROPOSAL SCHEDULE FOR:

WAIHEE WELLS ELECTRICAL UPGRADES

DWS JOB NO. 19-01G

WAIHEE, MAUI, HAWAII

TMK: (2) 3-2-017:031

ITEM

NO. DESCRIPTION

APPROX.

QTY. UNIT UNIT COST TOTAL

1

Mobilization/Demobilization.

This item includes bonding,

insurance, meetings,

submittals, scheduling,

staging, equipment

mobilization and

demobilization, final clean-

up and other general

provisions and

requirements; initial

progress payment for this

item not to exceed 2% of

total contract sum.

LS LS - $

2

Demolition. Dismantle,

demolish, remove, and

dispose of existing

electrical equipment.

LS LS - $

3

Waihee Wells Electrical

Upgrades per Contract

Documents, including all

Work shown on the

Drawings and as specified.

LS LS - $

4

Hazardous material

removal; inclusive of proper

removal and dipsoal of

hazardous waste (lead

paint) at an approved waste

site; in place complete.

TOTAL SUM BID (ITEMS 1 - 4) $ _________________

WAIHEE WELLS ELETRICAL UPGRADES Proposal DWS Job No. 19-01G Page 10 of 14

Act 17, SLH 2009 - Apprenticeship Program (ITEM A) **

Bidders applying for preference under ACT 17, SHL 2009 Apprenticeship Program

shall indicate amount of preference (Five Percent - 5% of TOTAL SUM BID) here:

Subject to Verification

$ (________________)

Act 175, SLH 2009 - Hawai’i Product Preference Program (ITEM B) **

Bidders applying for the Hawai’i Product Preference under ACT 175, SHL 2009

shall indicate amount of preference here: Subject to Verification

$ (________________)

NET TOTAL SUM BID (Total Sum Bid minus ITEM A minus ITEM B)

For Bid Evaluation purposes only

$ _________________

LOW BID DETERMINATION

The low bid shall be determined by the lowest “TOTAL SUM BID” and credits for Act 17 and Act

175 that have been verified.

Note: Work for this project will be measured and paid for under the appropriate Lump Sum or

Unit Price Bids in the Proposal Schedule. Work for which there is no proposal item shall be

considered incidental to the various contract items and will not be paid for separately, which

includes, but it not limited to: removal of exposed/abandoned steel, pipes, permits, and fees.

** Credits for ACT 17 & ACT 175 will not be evaluated if the TOTAL SUM BID is less than

$250,000.00

WAIHEE WELLS ELETRICAL UPGRADES Proposal DWS Job No. 19-01G Page 11 of 14

The undersigned hereby certifies that the bid prices contained in the attached Proposal Schedule

have been carefully checked and are submitted as correct and final.

This declaration is made with the understanding that the undersigned is subject to the penalty of

perjury under the laws of the United States and violation of the Hawaii Penal Code, Section 710-

1063, unsworn falsification to authorize, of the Hawaii Revised Statutes, for knowingly rendering

a false declaration.

Bidder By Authorized Signature Title Business Address / Business Telephone Business Facsimile Business Email Contractor’s License No. Date

NOTE:

If bidder is a CORPORATION, the legal name of the corporation shall be set forth above, the corporate seal affixed,

together with the signature(s) of the officer(s) authorized to sign contracts for the corporation. Please attach to this

page current (not more than six months old) evidence of the authority of the officer(s) to sign for the corporation.

If bidder is a PARTNERSHIP, the true name of the partnership shall be set forth above, with the signature(s) of the

general partner(s). Please attach to this page current (not more than six months old) evidence of the authority of the

partner authorized to sign for the partnership.

If bidder is an INDIVIDUAL, the bidder’s signature shall be placed above.

If signature is by an agent, other than an officer of a corporation or a partner of a partnership, a POWER OF ATTORNEY

must be on file with the Department before opening bids or submitted with the bid. Otherwise, the Department may

reject the bid as irregular and unauthorized.

Bidder shall be responsible for using the applicable NOTARY form, whether they represent a CORPORATION,

PARTNERSHIP, or INDIVIDUAL or other applicable entity.

WAIHEE WELLS ELETRICAL UPGRADES Proposal DWS Job No. 19-01G Page 12 of 14

STATE OF HAWAII ) ) SS. COUNTY OF _______________ )

On this day of , 20_____, before me

personally appeared ______________________________, to me personally known, who, being

by me duly sworn or affirmed, did say that such person executed the foregoing instrument as

the free act and deed of such person, and if applicable, in the capacity shown, having been duly

authorized to execute such instrument in such capacity.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

Signature:

Print Name: Notary Public, State of Hawaii

My commission expires:

STATE OF HAWAII ) ) SS. COUNTY OF _______________ )

On this day of , 20_____, before me

personally appeared ______________________________, to me personally known, who, being

by me duly sworn or affirmed, did say that such person executed the foregoing instrument as

the free act and deed of such person, and if applicable, in the capacity shown, having been duly

authorized to execute such instrument in such capacity.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

Signature:

Print Name: Notary Public, State of Hawaii

My commission expires:

WAIHEE WELLS ELETRICAL UPGRADES Proposal DWS Job No. 19-01G Page 13 of 14

CERTIFICATION OF COMPLIANCE

WITH HRS 396-18, SAFETY AND HEALTH PROGRAMS

FOR CONTRACTOR BIDDING ON COUNTY JOBS IN EXCESS OF $100,000

PROJECT NAME AND NUMBER ________________________________________________

This is to certify that the undersigned will comply with the requirements of HRS 396-18,

as follows:

(A) Pursuant to HRS 396-18, all bids and proposals in excess of $100,000 shall include a

signed certification from the bidder that a written safety and health plan for the job will be

available and implemented by the notice to proceed dates of the project. The written

safety and health plan shall include:

(1) A safety and health policy statement reflecting management commitment;

(2) A description of the safety and health responsibilities of all levels of management

and supervisors on the job and a statement of accountability appropriate to each;

(3) The details of:

(a) The mechanism for employee involvement in job hazard analysis;

(b) Hazard identification, including periodic inspections and hazard

correction and control.

(c) Accident and “near-miss” investigations; and

(d) Evaluations of employee training programs;

(4) A plan to encourage employees to report hazards to management as soon as

possible and to require management to address these hazards promptly; and

(5) A certification by a senior corporate or company manager that the plan is true and

correct

(B) Failure to submit the required certification may be grounds for disqualification of the bid.

(C) Failure to have available on site or failure to implement the written safety and health plan

by the project’s notice to proceed date shall be considered willful noncompliance and be

sufficient grounds to disqualify the award and terminate the contract.

________________________________

Name of Contractor

________________________________

Signature and Title

Date: ___________________

WAIHEE WELLS ELETRICAL UPGRADES Proposal DWS Job No. 19-01G Page 14 of 14

BIDDER’S CHECKLIST

Contractors must fill out the proposal form completely and are reminded of some of the common

mistakes in submitting a bid which may result in their bid being rejected.

a. Contractor’s and subcontractor’s active licensed numbers listed.

b. Corporate seal on proposal and bid bond if you have a seal, otherwise indicate

so on the proposal form, preferably in the space where the seal would be

attached.

c. Bid bond notarized.

d. All addendums acknowledged.

e. Heath and safety form attached in accordance with HRS 396-18 (jobs over

$100,000).

f. Act 52 compliance documents (tax clearance, DLIR clearance, DCCA certificate

of good standing and/or Hawaii Compliance Express document) are required

before award.

g. Bidder is advised that the County of Maui, General Terms and Conditions for

Construction, as well as HRS Chapter 103D, and HAR Title 3 rules apply to this

procurement. Bidder shall read and be familiar with these documents to ensure

bids are submitted properly.

The above list is a reminder for the bidder’s convenience and is not a comprehensive list of

required documents, certifications and/or forms for this solicitation.

CONTRACT NO. C//

CONTRACT FOR CONSTRUCTION

Department: //

Project Title: //

Job No. / IFB No. / RFP No. / QBS #: (Select One) //

Certification Requested from County: $//

This CONTRACT is made and entered into by and between the COUNTY OF MAUI, a

political subdivision of the State of Hawaii, whose business address is 200 South High Street,

Wailuku, Maui, Hawaii 96793, hereinafter referred to as the "County", and //, a // corporation,

whose mailing address is //, hereinafter referred to as the "Contractor." County and Contractor

shall hereinafter be referred to collectively as the "Parties".

Source of Funds. The source(s) and availability of the funds for this Contract shall be as

set forth in the Contract Certification signed by the Director of Finance of the County of Maui on

or before the effective date of this Contract. Contract Certification shall be on file in the office of

the Director of Finance of the County of Maui.

R E C I T A L S:

WHEREAS, the County has issued an invitation for competitive sealed bidding ("IFB"),

and has received and reviewed bids submitted in response to the IFB.

WHEREAS, the Contractor has been identified as the lowest responsible and responsive

bidder whose bid meets the requirements and criteria set forth in the IFB.

WHEREAS, the County desires to retain and engage the Contractor to provide the

services described in this Contract and its attachments, and the Contractor desires to render such

services for, and on behalf of, the County; and

WHEREAS, the Contract is for construction as defined in Section 103D-104, Hawaii

Revised Statutes ("HRS"); and

(Rev. 3/11/2015) Contract for Construction

SAMPLE

CONTRACT NO. C//

WHEREAS, pursuant to Section 46-1.5(4), HRS, the County is authorized to enter into

this Contract.

NOW, THEREFORE, in consideration of the following mutual promises and agreements

set forth, the Parties agree as follows:

1. Scope of Work. The Contractor shall supply, furnish, and pay for all labor,

transportation, materials, tools, and equipment necessary to construct in place complete all work

as shown and called for in the Contract Documents (as defined in Paragraph 1.04 of the General

Conditions). Contract Documents are maintained and on file in the office of the Director of

Finance of the County of Maui, and all of the documents are hereby incorporated by reference as

if fully repeated herein and made a part of this Contract.

2. Time of Performance. The Contractor shall commence performance under this

Contract upon issuance of the Notice to Proceed, and shall complete performance within // days

therefrom, unless sooner terminated or extended in compliance with the terms of this Contract.

Where the contract work is structured into phases or discrete work items, if the

commencement of a phase or work item is triggered not by the completion of the prior phase or

work item, but by some other event not under the control of the Contractor, the time between the

completion of one phase or work item and the commencement of the next shall not count

towards the time of performance within which the Contractor agreed to complete its performance

under the Contract. The Contractor agrees to cooperate and coordinate with the County to

accurately compute and document the time of performance.

3. Compensation and Payment Schedule. In full compensation for Contractor’s

performance under this Contract, County agrees to pay Contractor, subject to appropriation, a

total amount not to exceed the amount of certification requested as set forth above, inclusive of

all taxes, and in accordance with the terms and schedule(s) set forth in the Contract Documents.

Monthly progress payments shall be made to Contractor in arrears and subject to compensation

2(Rev. 3/11/2015) Contract for Construction

SAMPLE

CONTRACT NO. C//

retention, all in accordance with Section 7.3 of the General Conditions. Payments shall be

subject to the prior receipt of the Contractor’s monthly progress payment request by the Officer

in Charge, no later than on the fifth (5th) day of each month for work performed during the

previous calendar month. Requests for monthly progress payment shall set forth and include all

the information, documentation, and certification required under Section 7.3 of the General

Conditions, and any other information reasonably requested from time to time by the Officer in

Charge. Final Payment shall be made in accordance with Section 7.7 of the General Conditions.

4. General Terms and Conditions. The Contractor shall comply with the General

Terms and Conditions of this Contract (also referred to as the “General Conditions”), which are

attached hereto and is hereby made a part of this Contract.

5. Bonds. The Contractor is required to deliver to the County a performance bond in

a form provided by the County, executed by a surety company authorized to do business in this

County or otherwise secured in a manner satisfactory to the County, in an amount equal to one

hundred per cent of the price specified in the Contract. The Contractor is required to deliver to

the County a payment bond in a form provided by the County, executed by a surety company

authorized to do business in this County or otherwise secured in a manner satisfactory to the

County, for the protection of all persons all persons supplying labor and material to the

Contractor for the performance of the work provided for in the Contract. The payment bond

shall be in an amount equal to one hundred percent of the price specified in the Contract.

6. Standards of Conduct Declaration. The Standards of Conduct Declaration of the

Contractor is attached hereto and is made a part of this Contract.

7. Other Terms and Conditions. Any Special Conditions are attached hereto and

made a part of this Contract. In the event of a conflict between the General Terms and

Conditions and the Special Conditions, the Special Conditions shall control.

8. Liquidated Damages. The Contractor recognizes and agrees that time is of the

3(Rev. 3/11/2015) Contract for Construction

SAMPLE

CONTRACT NO. C//

essence under this Contract and, due to the speculative character and difficulty of ascertaining

damages to the County of Maui resulting from any delay beyond the date set herein for

completion, the Parties hereto, for the purpose of putting the question of damages beyond

controversy and dispute, hereby agree that the Contractor shall pay to the County the sum of $//

per day as set forth in the Contract Specifications as liquidated damages, and not as a penalty, for

each and every work day that work or any portion of work contemplated under this Contract

remains uncompleted beyond the time set herein for completion; provided, however, that the

remedy of liquidated damages shall be in addition to any other rights and remedies otherwise

available to the County of Maui and not expressly waived herein.

The Contractor agrees that the aforesaid sum is a reasonable estimate of, and reasonably

proportionate to, the damages which will probably be sustained by the County as a result of any

delay.

9. Conflict. In the event of any conflict between or among this Contract and other

documents that are attached hereto or incorporated herein by reference or both, the terms of this

Contract shall control first, the County's General Conditions second, other documents prepared

by the County third, and documents prepared or submitted, or both, by the Contractor last.

10. Notices. Any written notice required to be given by a party to this Contract shall

be (a) delivered personally, or (b) sent by United States first class mail, postage prepaid. Notice

required to be given to the County shall be sent to:

Procurement OfficerDepartment of FinanceCounty of Maui200 South High StreetWailuku, Maui, Hawaii 96793

Notice to the Contractor shall be sent to the Contractor’s address as indicated in this Contract. A

notice shall be deemed to have been received three (3) days after mailing or at the time of actual

receipt, whichever is earlier. The Contractor is responsible for notifying the County in writing of

4(Rev. 3/11/2015) Contract for Construction

SAMPLE

CONTRACT NO. C//

any change of address.

11. Officer-in-Charge. The Director of //, or an authorized representative, shall be the

Officer-in-Charge for all services provided herein, and shall have the right to oversee the

successful completion of contract requirements, including monitoring, coordinating and assessing

Contractor’s performance and approving completed work/services with verification of same for

Contractor’s invoices or requests for payment. The Officer-in-Charge also serves as the point of

contact for the Contractor from award to contract completion.

IN WITNESS WHEREOF, the Parties execute this Contract by their signatures, on the

dates below, to be effective as of the date of last signature hereto.

[EXECUTION PAGES TO FOLLOW]

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

5(Rev. 3/11/2015) Contract for Construction

SAMPLE

CONTRACT NO. C//

CONTRACTOR EXECUTION PAGE

I hereby represent and warrant that I have the legal right and authority to execute this Contract onbehalf of the Contractor.

CONTRACTOR:

//

By (Signature)

(Print Name)

Its (Title)

Date

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

6(Rev. 3/11/2015) Contract for Construction

SAMPLE

CONTRACT NO. C//

STATE OF )) SS.

)

On this _____ day of ___________, 20___, before me personally appeared___________________________, to me personally known, who, being by me duly sworn oraffirmed, did say that such person executed the foregoing instrument as the free act and deed ofsuch person, and if applicable, in the capacity shown, having been duly authorized to executesuch instrument in such capacity.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

[Stamp or Seal] Notary Public, State of

Print Name:

My commission expires:

NOTARY PUBLIC CERTIFICATION

Doc. Date: # Pages:

Notary Name: JudicialCircuit:

Doc.Description:

[Stamp or Seal]

NotarySignature:

Date:

7(Rev. 3/11/2015) Contract for Construction

SAMPLE

CONTRACT NO. C//

COUNTY EXECUTION PAGE

COUNTY OF MAUI

By DANILO F. AGSALOG Its Director of Finance

Date

APPROVAL RECOMMENDED:

//Director, Department of //

Date

APPROVED AS TO FORM AND LEGALITY:

Deputy Corporation CounselS:\ALL\CONTRACTS\10-USE THIS FORM 2013\construction&bonds.pub 2015-3-11.wpd

Date

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

8(Rev. 3/11/2015) Contract for Construction

SAMPLE

CONTRACT NO. C//

STATE OF HAWAII )) SS.

COUNTY OF MAUI )

On this day of , 20___, before me appeared DANILO F. AGSALOG, to mepersonally known, who being by me duly sworn, did say that he is the Director of Finance of theCounty of Maui, a political subdivision of the State of Hawaii, and that the seal affixed to theforegoing instrument is the lawful seal of the said County of Maui, and that the said instrumentwas signed and sealed on behalf of said County of Maui pursuant to Section 9-18 of the Charterof the County of Maui; and the said DANILO F. AGSALOG acknowledged the said instrumentto be the free act and deed of said County of Maui.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

[Stamp or Seal] Notary Public, State of Hawaii

Print Name:

My commission expires:

NOTARY PUBLIC CERTIFICATION

Doc. Date: # Pages:

Notary Name: JudicialCircuit:

Doc.Description:

[Stamp or Seal]

NotarySignature:

Date:

9(Rev. 3/11/2015) Contract for Construction

SAMPLE

CONTRACT NO. WC0933

COUNTY OF MAUI

GENERAL TERMS AND CONDITIONS

TABLE OF CONTENTSPage

Preface. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Section 1 - Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.01 "Addendum (plural-Addenda)". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.02 "Bid Documents". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.03 "Calendar Day". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.04 "Contract Documents". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.05 "Contract Time". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.06 "County".. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.07 "Equipment".. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.08 "HAR". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.09 "HRS".. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.10 "Inspector". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.11 "Liquidated Damages". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.12 "Lowest Responsive, Responsible Bidder". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.13 "Notice to Bidders". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31.14 "Notice to Proceed". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31.15 "Payment Bond".. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31.16 "Performance Bond". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31.17 "Plans or Drawings".. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31.18 "Procurement Officer". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31.19 "Shop Drawings". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31.20 "Special Provisions".. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31.21 "State". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31.22 "Surety". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31.23 "Total Sum Bid".. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31.24 "Work". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31.25 "Working Day".. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Section 2 - Bidding Instructions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42.01 Obtaining Bid Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42.02 Proposal Forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42.03 Contractor's License Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42.04 Qualification of Bidders.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42.05 Preparation of Bids. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42.06 Listing of Joint and Subcontractors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.07 Examination of the Bid Documents and Project Site, and Conducting

Investigations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.08 Subsurface Investigations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62.09 Pre-bid Conferences.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62.10 Clarification of Bid Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

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2.11 Addenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62.12 Determination of Intended Bid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72.13 Disqualification of Bids. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72.14 Bid Security. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82.15 Mandatory Purchase of Hawaii Products.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82.16 Substitution of Materials and Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92.17 Pre-Opening Modification and Withdrawal of Bids. . . . . . . . . . . . . . . . . . . . . . . . 92.18 Public Opening of Bids. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92.19 Use of Facsimiles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Section 3 - Award and Execution of Contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103.1 Award of Contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103.2 Execution of Contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103.3 Performance and Payment Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103.4 Tax Clearance Requirement.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113.5 Hawaii Business Requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113.6 Department of Labor and Industrial Relations (DLIR) requirement... . . . . . . . . . 113.7 Contract Not Binding Unless Properly Executed and Appropriation

Available. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123.8 Forfeiture of Bid Security. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Section 4 - Legal Relations and Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124.1 Independent Contractor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124.2 Contractor's Inability to Contract for County.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 124.3 Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124.4 Indemnification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144.5 Absence of Interest.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144.6 Laws and Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Section 5 - County Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165.1 Cooperation by the County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165.2 Review by the County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165.3 Limitation of Liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Section 6 - Performance of Contract... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166.1 Time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166.2 Preconstruction Meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176.3 Construction Schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176.4 Construction Progress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176.5 Avoidable delays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186.6 Unavoidable delays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186.7 Furnishing of Plans and Specifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196.8 Breakdown of Lump Sum Items. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196.9 Commencement of Work.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196.10 Prosecution of the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196.11 Contractor to Report Errors or Discrepancies. . . . . . . . . . . . . . . . . . . . . . . . . . . . 196.12 Authority of the Procurement Officer and Officer-In-Charge. . . . . . . . . . . . . . . . 196.13 Subcontracting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206.14 Rate of Wages for Laborers and Mechanics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

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6.15 Payrolls and Payroll Records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216.16 Prompt Payment By Contractor to Subcontractors and Vendors.. . . . . . . . . . . . . 226.17 Termination of Work on Failure to Pay Agreed Wages . . . . . . . . . . . . . . . . . . . . 246.18 Vehicular and Pedestrian Traffic, Public Convenience, and Safety. . . . . . . . . . . 246.19 Work on Weekends and Holidays, Night Work, and Overtime Work.. . . . . . . . . 256.20 Value Engineering. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256.21 Plans to Be Furnished by the Contractor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276.22 Contract Documents to Be Kept on the Project Site .. . . . . . . . . . . . . . . . . . . . . . 286.23 Additional Plans to Be Furnished by the Officer-in-Charge. . . . . . . . . . . . . . . . . 286.24 Personal Supervision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286.25 Character of Workers, Methods, and Equipment.. . . . . . . . . . . . . . . . . . . . . . . . . 286.26 Lines and Grades. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286.27 Contractor's Entry upon Private Properties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286.28 Existing Underground Improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296.29 Quality of Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296.30 Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296.31 Inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296.32 Findings Confidential.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306.33 Ownership Vested in County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306.34 Pollution.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306.35 Best Efforts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306.36 Clean up. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306.37 Responsibility of the Contractor Prior to Final Acceptance of the Work. . . . . . . 306.38 Substantial Completion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306.39 Possession of Portions of the Project. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316.40 Acceptance of the Project. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316.41 Warranty.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Section 7 - Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337.1 Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337.2 Compensation Retained. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337.3 Monthly Progress Payments.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337.4 Death or Disability of Contractor.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347.5 Campaign Contributions Prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347.6 Authority to Withhold Money Due or Payable. . . . . . . . . . . . . . . . . . . . . . . . . . . 347.7 Final Payment - Final Acceptance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Section 8 - Contract Amendments/Change Orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358.1 Change Order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358.2 Adjustments of Price or Time for Performance.. . . . . . . . . . . . . . . . . . . . . . . . . . 358.3 Time Period for Claim. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358.4 Claim Barred After Final Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368.5 Other Claims Not Barred. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

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Section 9 - Stop Work Orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369.1 Suspension of Work.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369.2 Partial and Total Suspension. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369.3 Reimbursement to Contractor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369.4 Cost Adjustment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369.5 Claims For Adjustment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379.6 No Adjustment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Section 10 - Variations in Estimated Quantities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3710.1 Variations Requiring Adjustments.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3710.2 Adjustment of Price. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Section 11 - Price Adjustment Clause. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3711.1 Price Adjustment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3711.2 Submission of cost or pricing data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3811.3 Determining the Adjustments in Price. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3811.4 Change Order Work By Force Account.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3911.5 Materials Ordered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4011.6 Work by County.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Section 12 - Differing Site Conditions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4012.1 Notification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4012.2 Adjustments of Price or Time for Performance.. . . . . . . . . . . . . . . . . . . . . . . . . . 4012.3 Timeliness of Claim.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4012.4 No Claim After Final Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4012.5 Knowledge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Section 13 - Novation or Change of Name. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4113.1 No Assignment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4113.2 Recognition of a Successor in Interest; Assignment .. . . . . . . . . . . . . . . . . . . . . . 4113.3 Change of Name.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Section 14 - Claims Based on Oral Directives.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4114.1 Notice Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4114.2 Change Order Issued. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Section 15 - Default, Delay, and Time Extensions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4215.1 Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4215.2 Liquidated Damages Upon Termination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4215.3 Liquidated Damages in Absence of Termination.. . . . . . . . . . . . . . . . . . . . . . . . . 4215.4 Time Extension. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4215.5 Additional Rights and Remedies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Section 16 - Termination for Convenience. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4316.1 Terminations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4316.2 Contractor's Obligations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4316.3 Right to Construction and Goods.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4316.4 Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

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Section 17 - Remedies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4417.1 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4417.2 Disputes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Section 18 - Miscellaneous Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4518.1 Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4518.2 Entire Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4518.3 Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4518.4 Assistance of Legal Counsel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4618.5 Applicable Law and Venue.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

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COUNTY OF MAUIGENERAL TERMS AND CONDITIONS

CONSTRUCTION CONTRACTS

Preface

Section numbers of the Hawaii Revised Statutes are referenced at the end of someparagraphs in brackets. The purpose for the inclusion of such references is to indicate that theparagraphs are derived from Hawaii Revised Statutes. The language of the statutes has beenretained for the most part, but in some instances the statutes may have been reworded. AllParties should review the referenced statutes.

In the event of a conflict between contract terms, any special provisions shall control first;technical specifications or construction plans second; State of Hawaii, Department ofTransportation, Highway Division Standard Specifications & Special Provisions, if applicable,third; and these General Terms and Conditions last.

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Section 1 - Definitions

When used in these General Terms and Conditions or elsewhere in the Contract, thefollowing terms, or pronouns used in place of them, shall have the meaning ascribed to them inthis section, unless it is apparent from the context that a different meaning is intended:

1.01 "Addendum (plural-Addenda)" means a written or graphic document, includingdrawings and specifications, issued by the Procurement Officer during the bidding period whichmodifies or interprets the bidding documents by additions, deletions, clarifications, or correctionswhich document shall be considered and made a part of the contract when executed.

1.02 "Bid Documents" mean the composition of the notice to bidders, instructions tobidders, bid proposal form, general terms and conditions, special provisions, construction plans,specifications, and all addenda issued prior to opening of bids.

1.03 "Calendar Day" means any day shown on the calendar, beginning at midnightand ending at midnight of the following day. If no designation of calendar or working day ismade, "day" shall mean calendar day.

1.04 "Contract Documents" mean the composition of general terms and conditions,special provisions, construction plans, specifications, addenda, Contractor's bid proposal, noticeof award, executed contract, contract amendments, Contractor's performance and payment bonds, Notice to Proceed, and change orders.

1.05 "Contract Time" means the number of calendar days or working days providedin the contract for the completion of the work. The contract time shall commence on theeffective date of the Notice to Proceed.

1.06 "County" means the County of Maui.

1.07 "Equipment" means all machinery, tools, and apparatus necessary to completethe work under the contract.

1.08 "HAR" means Hawaii Administrative Rules, as amended.

1.09 "HRS" means Hawaii Revised Statutes, as amended.

1.10 "Inspector" means the County's authorized representative assigned to makedetailed inspections of contract performance, prescribed work, and materials supplied.

1.11 "Liquidated Damages" mean the amount set forth in the contract to be paid bythe Contractor to the County for each and every day the work remains uncompleted beyond thecontract time.

1.12 "Lowest Responsive, Responsible Bidder" means the bidder who has thecapability in all respects to perform fully the contract requirements, the integrity and reliabilitywhich will assure good faith performance and who has submitted the lowest bid which conformsin all material respects to the invitation for bids.

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1.13 "Notice to Bidders" means the public advertisement inviting bids for the workcontemplated. Such advertisement indicates the location of the work to be done and/or thecharacter of the material to be furnished and the time and place for opening of bids.

1.14 "Notice to Proceed" means the written notice given by the Officer-in-Charge tothe Contractor establishing the date on which the contract time will commence.

1.15 "Payment Bond" means the security executed by the Contractor and theContractor's sureties and furnished to the County to guarantee payment by the Contractor tolaborers, materials suppliers, and subcontractors according to the terms of the contract.

1.16 "Performance Bond" means the security executed by the Contractor and theContractor's securities and furnished to the County to guarantee the completion of the workaccording to the terms of the contract.

1.17 "Plans or Drawings" means any and all designs, plans, construction drawings,specifications, cost estimates, work schedules, proposals, studies, reports, notes, tables, notationsand other similar items which show the location, character, dimension, and details of the work tobe completed under the contract, including the current and applicable portions of the WaterSystem Standards 2002, as amended, for Department of Water Supply contracts.

1.18 "Procurement Officer" means the Director of the Department of Finance of theCounty of Maui, acting directly or through the Director's duly authorized representative.

1.19 "Shop Drawings" mean the drawings, diagrams, illustrations, schedules, andother data or information which are specifically prepared or assembled by the Contractor andsubmitted by the Contractor to illustrate some portion of the work.

1.20 "Special Provisions" are the means by which the general terms and conditionsare amended.

1.21 "State" means the State of Hawaii.

1.22 "Surety" means the qualified individual or entity, other than the Contractor, thatinsures the Contractor's acceptable performance of the contract.

1.23 "Total Sum Bid" means the total bid price submitted by the bidder forperforming all work in accordance with the contract.

1.24 "Work" means the furnishing of all labor, materials, equipment, and otherincidentals necessary or convenient for the successful completion of the construction project andthe execution of all duties and obligations imposed by the contract on the Contractor.

1.25 "Working Day" means a calendar day in which the Contractor is capable ofworking four (4) or more hours with its normal work force, exclusive of:

(a) Saturdays, Sundays, and State/County recognized legal holidays;

(b) Days in which work is suspended by the County for four (4) or more hours

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through no fault of the Contractor; and

(c) Days prevented by or resulting from inclement weather to permit the normal workforce to proceed with construction operations for at least four (4) hours. Also, theContractor shall be performing the current controlling item or items of work.

Section 2 - Bidding Instructions

2.01 Obtaining Bid Documents. Bidders shall refer to the notice to bidders forinstructions in obtaining bid documents.

2.02 Proposal Forms. The County will furnish prospective bidders with proposalforms. Papers bound with or attached to the proposal form are part of the proposal. The biddershall not detach or alter these papers when submitting its bid. The bidder shall also considerother documents, including the plans and specifications, a part of the proposal form whetherattached or not.

2.03 Contractor's License Required. All bidders and all their subcontractors shall belicensed in accordance with chapter 444, HRS, and as required in the notice to bidders. It is thesole responsibility of the bidder to review the requirements of the project and determine theappropriate licenses that are required to complete the project.

2.04 Qualification of Bidders. (a) The Procurement Officer shall determine whetherthe prospective bidder has the financial ability, resources, skills, capability, and business integritynecessary to perform the work. For this purpose, the Procurement Officer, in the ProcurementOfficer's discretion, may require any prospective bidder to submit answers, under oath, toquestions contained in a standard form of questionnaire. Whenever it appears from the answersto the questionnaire or otherwise, that the prospective bidder is not fully qualified and able toperform the work, a written determination of non-responsibility of a bidder shall be made by theProcurement Officer. The reasonable failure of a bidder to promptly supply information inconnection with an inquiry with respect to responsibility may be grounds for a determination ofnon-responsibility with respect to such bidder. The decision of the Procurement Officer shall befinal unless the bidder applies for administrative review pursuant to section 103D-709, HRS.[§103D-310, HRS]

(b) Questionnaires, when required by the Procurement Officer, shall be submitted notless than forty-eight (48) hours prior to the time designated for opening of bids.

(c) All bidders shall be incorporated or organized under the laws of the State ofHawaii, or be registered to do business in the State as a separate branch or division that is capableof fully performing under the contract. The bidder shall be in compliance with all lawsgoverning entities doing business in the State. [§103D-310, HRS]

2.05 Preparation of Bids. (a) Bids shall be submitted on the proposal form furnishedby the County. The bidder shall complete the proposal using words and figures, which shall bein ink or typed. If a discrepancy occurs between the prices written in words and the thosewritten in figures, the prices written in words shall govern.

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(b) Bids must be signed in ink by a duly authorized representative of the bidder on thespaces provided for signatures.

(c) If the bidder is a corporation, the title or titles of the person or persons signingmust be stated and the corporate seal affixed thereto. If the corporation does not have a corporateseal, it should be indicated in the form of acknowledgment attached thereto. A copy of aresolution of the Board of Directors of the corporation, or other written evidence of authoritysigned by an officer of the corporation, authorizing the person or persons to execute bids,contracts, and other necessary documents in connection therewith shall be attached.

(d) Where the bidder is an association or group, the title or titles of the person orpersons signing must be stated and an affidavit which acknowledges the authority of the signer orsigners to sign bids and all other necessary documents in connection therewith for the associationor group must be attached.

(e) Bids must be submitted in a sealed envelope, bearing on the outside the identity ofthe project and the bidder’s name and address. Bids will be received only at the office designatedin the notice to bidders. All bid envelopes will be stamped with the time and date received by theCounty. The County will reject and return a bid unopened if received after the time set foropening of bids.

2.06 Listing of Joint and Subcontractors. (a) The names of each person or entityto be engaged by the bidder as a joint Contractor or subcontractor and the nature and scope ofwork to be performed by each shall be submitted with the bidder’s proposal. Bids that do notcomply with this requirement may be accepted if acceptance is in the best interest of the Countyand the value of work to be performed by the joint Contractor or subcontractor is equal to or lessthan one percent (1%) of the total bid amount. [§103D-302, HRS]

(b) If no joint Contractor or subcontractor is to be engaged the bidder must completethe form by writing "NONE." If left blank, the County will interpret the blank as no jointContractor or subcontractor will be used.

2.07 Examination of the Bid Documents and Project Site, and ConductingInvestigations. (a) Before submitting a bid, bidders shall examine the bid documents and theproject site, make inquiries at the appropriate offices of the County, State, and Federalgovernments, and the offices of persons and entities owning, controlling, or operatingunderground improvements, and conduct investigations to satisfy themselves as to the conditionsto be encountered and to determine the correctness of the information contained in the biddocuments.

(b) The submission of a bid shall be considered verification that the bidder:

(1) Has made such examinations and inquiries;

(2) Is satisfied with the conditions to be encountered in performing the work;

(3) Acknowledges and understands the terms and conditions contained in thebid documents; and

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(4) Agrees to abide by such terms and conditions if awarded the contract.

2.08 Subsurface Investigations. (a) If the County has conducted subsurfaceinvestigations, bidders may inspect the data obtained from such investigations and examinesamples, if available.

(b) Any subsurface information made available are for the bidders' convenience only. The information may have been obtained at specific locations, and no assurance is given thatthese conditions are necessarily typical of conditions at other locations. In addition, no assuranceis given that conditions found at the time of the subsurface explorations, such as the presence orabsence of water, will be the conditions that will prevail at the time of construction. The biddershall be responsible for all assumptions, deductions, or conclusions made or derived from thesubsurface information made available.

(c) Making available to bidders information from the subsurface explorations is not tobe construed as a waiver of subsection 2.07 - Examination of Bid Documents and Project Site,and Conducting of Investigations.

2.09 Pre-bid Conferences. At least fifteen days prior to submission of bids pursuantto an invitation for bids (§ 103D-302) for a construction or design-build project with a totalestimated contract value of $500,000 or more, and at least fifteen days prior to submission ofproposals pursuant to a request for proposals (§ 103D-303) for a construction or design-buildproject with a total estimated contract value of $100,000 or more, the head of the purchasingagency shall hold a pre-bid conference and shall invite all potential interested bidders, offerors,subcontractors, and union representatives to attend.The County may, for projects that have special or unusual requirements, [e.g., requiring physicalinspection,] make attendance at a pre-bid conference a condition for submitting a bid. Pre-bidconferences shall be announced to all prospective bidders in the notice to bidders. Nothing statedat the pre-bid conference shall change the solicitation unless a change is made by writtenaddendum as provided in subsection 2.11 - Addenda.

2.10 Clarification of Bid Documents. (a) If it appears to a bidder that theperformance of the work or any matter relating thereto is not sufficiently described or explainedin the bid documents, or that a discrepancy exists between different parts thereof, or that the fullintent of the bid documents is not clear, the bidder shall submit a written request to theProcurement Officer for clarification not less than ten (10) calendar days prior to the daydesignated for opening of bids.

(b) The written request may be faxed pursuant to subsection 2.19 - Use of Facsimiles.

(c) If the Procurement Officer deems that a clarification is in order, it shall be issuedin the form of an addendum.

2.11 Addenda. (a) Any addendum issued prior to the opening of bids shall be bindingupon the bidder and shall be made a part of the contract.

(b) No addendum will be issued during the 5 days immediately preceding the daydesignated for the opening of bids, unless the purpose of the addendum is to postpone the date ofbid opening.

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(c) Failure by the bidder to receive any addendum shall not relieve the bidder fromany obligation under its bid as submitted.

(d) No oral interpretation, instruction, or information regarding the bid documentsgiven by any officer or employee of the County shall be binding.

2.12 Determination of Intended Bid. (a) If the proposal form contains a list of unitprice or lump sum items, or both, they do not necessarily describe all of the work involved in theperformance of the contract, but merely indicate that the compensation for the performance of thecontract will be based upon and limited to such items. If a bidder is in doubt as to the proper biditem to which the anticipated cost of any incidental item is to be allocated, the bidder shallinclude such cost in the bid item which the bidder deems most appropriate.

(b) If the proposal calls for unit price items, and the bidder's unit price bid multipliedby the number of units in any item is not equal to the total amount bid for that item, it will beassumed that the unit price bid represents the bidder's intention and an error was made in themultiplication. The Procurement Officer will correct the total amount bid for the item and totalsum bid of the bidder's proposal.

(c) If the figure obtained by adding the individual bid items listed in the proposaldoes not equal to the total figure written in the proposal, it will be assumed that an error wasmade in the addition and the Procurement Officer will correct the total sum bid.

(d) The bid price shall include all applicable taxes, including the State of HawaiiGeneral Excise Tax, and shall include delivery charges F.O.B. job site.

(e) The bid price shall be firm for a minimum of sixty (60) days from the bid openingdate to allow for contract execution.

2.13 Disqualification of Bids. The County may disqualify a bidder and reject its bidfor reasons including but not limited to:

(a) The bidder is non-responsible;

(b) The bid is not responsive;

(c) The bid does not include a listing of subcontractors and joint Contractors orcontains only a partial or incomplete listing;

(d) The bid is unsigned or is not signed by an authorized representative of the bidder;

(e) Evidence indicating that unit price or lump sum price items are unbalanced in abid;

(f) Evidence indicating that bidders are in collusion;

(g) Submission of more than one bid whether under the same name or a differentname.

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Without limiting the generality of the foregoing, a bidder shall be considered to have submittedmore than one bid if the bidder submits more than one bid under the bidder's name, throughbidder's agents, through joint ventures, partnerships, or corporations or which the bidder hasmore than twenty-five percent (25%) ownership in each of them, or through any combination ofany of them;

(h) The bidder is suspended under chapter 104 or chapter 444, HRS;

(I) The bid is not accompanied by an acceptable form of bid security, or the bidsecurity is in an amount less than five percent (5%) of the amount of the base bid, includingadditives;

(j) The bidder fails to submit a valid and timely certificate of good standing from theDepartment of Commerce and Consumer Affairs Business Registration Division and/or thebidder fails to submit a valid and timely certificate of compliance from the Department of Laborand Industrial Relations.

(k) The bidder failed to submit the standard form of questionnaire or failed to submitsaid questionnaire within the due time, when required by the County; or

(l) Evidence of assistance from a person who has been an employee of the Countywithin the preceding two years and who participated while in County office or employment in thematter with which the contract is directly concerned, pursuant to section 84-15, HRS.

2.14 Bid Security. (a) The County will not consider a bid proposal unlessaccompanied by bid security in an amount not less than five percent (5%) of the amount bid.[§103D-323, HRS]

(b) Acceptable bid security shall be limited to the following:

(1) Surety bond underwritten by a company licensed to issue bonds in theState of Hawaii, which shall be substantially in the form provided in the projectspecifications;

(2) Legal tender;

(3) A certificate of deposit; credit union share certificate; or cashier's,treasurer's, teller's, or official check drawn by, or a certified check accepted by a bank, asavings institution, or credit union insured by the Federal Deposit Insurance Corporationor the National Credit Union Administration, and payable at sight or unconditionallyassigned to the County. These instruments may be utilized only to a maximum of$100,000. If the required security or bond amount totals over $100,000, more than oneinstrument not exceeding $100,000 each and issued by different financial institutionsshall be accepted.

(c) The County will return bid security to bidders within ten (10) working daysfollowing execution of the contract by all Parties and after the successful bidder furnishesacceptable performance and payment bonds and certificates of insurances.

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2.15 Mandatory Purchase of Hawaii Products. Bidders are instructed to refer tosection 103D-1002, HRS and chapter 3-124, HAR.

2.16 Substitution of Materials and Equipment. (a) Bids shall be based on materialsand equipment specified in the bid documents, unless the Procurement Officer approvessubstitution of material or equipment by addendum.

(b) A bidder may make a written request for a material or equipment substitution forthe Procurement Officer's determination. The written request shall be submitted to theProcurement Officer not less than ten (10) calendar days prior to the day designated for openingof bids. The substitution request shall be accompanied by four (4) copies of any pertinentinformation for the Procurement Officer's determination. If the Procurement Officer is unable todetermine the quality and suitability of the substitution based on the information provided by thebidder, the request shall be rejected. The burden of proof as to the comparative quality andsuitability of the substitution shall be the bidder’s responsibility. The Procurement Officer shallbe the sole judge as to the comparative quality and suitability of the substitution, and theProcurement Officer's decision shall be final. If the information provided to the ProcurementOfficer is determined incomplete or insufficient, whereas the Procurement Officer is unable todetermine the quality and suitability of the substitution, the request shall be rejected.

(c) If the Procurement Officer approves a material or equipment substitution, anaddendum shall be issued by the Procurement Officer.

(d) Bids based on a material or equipment substitution approved by the ProcurementOfficer, shall include the additional cost required for all modifications, including the cost ofrevising the construction plans and technical specifications required to accommodate theapproved substitution.

2.17 Pre-Opening Modification and Withdrawal of Bids. (a) Bids may be modifiedprior to the bid submission deadline provided the Procurement Officer receives a written noticestating that a modification to the bid is submitted accompanied by the actual modified bid. Thewritten notice may be faxed pursuant to subsection 2.19 - Use of Facsimiles, provided the biddersubmits the actual written notice and actual modified bid prior to the bid submission deadline andwithin two (2) working days following the faxed notice.

(b) Bids may be withdrawn provided the Procurement Officer receives a writtennotice stating the bidder’s bid is withdrawn prior to the deadline for opening of bids. The writtennotice may be faxed pursuant to subsection 2.19 - Use of Facsimiles. Bids may not be withdrawnafter the bid opening.

2.18 Public Opening of Bids. Bids shall be opened publicly in the presence of one ormore witnesses, at the time and place designated in the notice to bidders. The amount of eachbid and other relevant information, together with the name of each bidder shall be recorded. Therecord and each bid shall be open to public inspection. [§103D-302, HRS]

2.19 Use of Facsimiles. Copies of documents transmitted by bidders via facsimilemachine shall be limited to the following:

(a) The request for clarification of bid documents pursuant to subsection 2.10 -

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Clarification of Bid Documents;

(b) The request for material or equipment substitution pursuant to subsection 2.16 -Substitution of Materials and Equipment which includes four (4) copies of anypertinent information; and

(c) The request for modification or withdrawal of bids pursuant to subsection 2.17 -Pre-Opening Modification or Withdrawal of Bids.

Documents will be received by facsimile machine at the number designated by the County. It isthe bidder's responsibility to assure the faxed documents are received by the Procurement Officerin a timely manner.

Section 3 - Award and Execution of Contract

3.1 Award of Contract. The award of the contract, if it be awarded, will be made bywritten notice by the Officer-in-Charge to the lowest responsive, responsible bidder. Said noticeshall not be construed to be authorization to proceed with the performance of services under theContract. Any services performed by the Contractor prior to the date indicated in the Notice toProceed from the Officer-in-Charge shall be at the Contractor's own risk. The contract will beawarded within sixty (60) days after the opening of the bids. If it appears that the contract cannotbe awarded within such time, the award may be made after the specified time as mutually agreedupon between the County and the lowest responsive, responsible bidder. The County may cancelthe award of the contract at any time before the execution of the contract.

3.2 Execution of Contract. Prior to the drafting of the Contract, discussions may beheld between the Parties relative to the extent of the services to be performed by the Contractorand other pertinent matters. The Procurement Officer will submit the contract to the Contractorfor review and signature. The Contractor shall enter into a contract with the County and providesufficient performance and payment bonds and certificates of insurance within ten (10) calendardays after the execution of the contract or within such further time as the County may allow. Thecontract must be signed in ink by persons duly authorized to enter into contracts with the County. If the Contractor is an individual or partnership, the Contractor shall sign the contract before anotary public. If the Contractor is a corporation, the Contractor shall cause the contract to besigned before a notary public by an officer authorized to do so and shall affix to the contract itscorporate seal, together with a certificate, resolution or other instrument vesting such officer withauthority to sign the contract on the corporation's behalf. If the Contractor is an association orgroup, the title or titles of the person or persons signing must be stated and an affidavit whichacknowledges the authority of the signer or signers to sign the contract and other necessarydocuments in connection therewith for the association or group must be attached. The signedcontract shall be returned to the Procurement Officer for signature and further processing.

3.3 Performance and Payment Bonds. Within ten (10) calendar days after theexecution of the contract or within such further time as the County may allow, the Contractorshall submit sufficient performance and payment bonds for the full and faithful performance ofthe contract in accordance with the terms and intent thereof and also for the prompt payment toall others for all labor and materials furnished by them to the successful bidder and used in theprosecution of the work provided for in the contract. Performance and payment bonds shall each

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be in an amount equal to one hundred percent (100%) of the contract price and shall be limitedto:

(a) Surety bond underwritten by a company licensed to issue bonds in the State ofHawaii, which shall be substantially in the form provided in the project specifications;

(b) Legal tender; or

(c) A certificate of deposit; credit union share certificate; or cashier's, treasurer's, teller's, or official check drawn by, or a certified check accepted by a bank, a savings institution,or credit union insured by the Federal Deposit Insurance Corporation or the National CreditUnion Administration, and payable at sight or unconditionally assigned to the County. Theseinstruments may be utilized only to a maximum of $100,000. If the required security or bondamount totals over $100,000, more than one instrument not exceeding $100,000 each and issuedby different financial institutions shall be accepted.

3.4 Tax Clearance Requirement. Pursuant to §103D-328, HRS, the Contractor shallsubmit a tax clearance certificate issued by the Hawaii State Department of Taxation ("DOTAX")and the Internal Revenue Service ("IRS"). The certificate shall be valid for six (6) months fromthe most recent approval stamp date on the certificate and must be valid on the date it is receivedby the County. The application for the tax clearance shall be the responsibility of the Contractor,and must be submitted directly to the DOTAX or IRS and not to the County.

3.5 Hawaii Business Requirement. (a) The Contractor shall comply with either§103D-310 (c) (1) or §103D-310(c)(2), HRS, as follows:

(a) §103D-310(c)(1), HRS, Hawaii business. A business entity meeting therequirement of §103D-310(c)(1), HRS, referred to as a "Hawaii business", is incorporated ororganized under the laws of the State of Hawaii. As evidence of compliance, the Contractor shallsubmit a "Certificate of Good Standing" issued by the Department of Commerce and ConsumerAffairs Business Registration Division (BREG). A Hawaii business that is a sole proprietorship,however, is not required to register with the BREG, and therefore not required to submit thecertificate. A Contractor's status as a sole proprietor and its business street address indicated inContractor's bid will be used to confirm that the Contractor is a Hawaii business.

(b) §103D-310(c)(2), HRS, Compliant non-Hawaii business. A business entitymeeting the requirement of §103D-310(c)(2), HRS, referred to as a "compliant non-Hawaiibusiness," is not incorporated or organized under the laws of the State of Hawaii but is registeredto do business in the State as a separate branch or division capable of fully performing under thecontract. As evidence of compliance, the Contractor shall submit a "Certificate of GoodStanding" issued by the BREG.

(c) The above certificates shall be current within six (6) months of issuance date andsubmitted to the County prior to award of contract. If a valid certificate is not submitted on atimely basis for award of a contract, a bid otherwise responsive and responsible may not receivethe award. The application for the above certificates shall be the responsibility of the Contractor,and must be submitted directly to the BREG and not to the County.

3.6 Department of Labor and Industrial Relations (DLIR) requirement. (a) TheContractor shall submit a certificate of compliance (DLIR form LIR #27), issued by the DLIR

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stating the Contractor complies with chapters 383, 386, 392 and 393 of the Hawaii RevisedStatutes.

(b) The above certificate shall be current within six (6) months of issuance date andsubmitted to the County prior to award of contract. If a valid certificate is not submitted on atimely basis for award of a contract, a bid otherwise responsive and responsible may not receivethe award. The application for the above certificates shall be the responsibility of the Contractor,and must be submitted directly to the DLIR and not to the County.

3.7 Contract Not Binding Unless Properly Executed and AppropriationAvailable. The contract shall not be binding or of any force until said contract has been fullyand properly signed by all of the Parties thereto and approved by the Procurement Officer as toavailability of funds in the amount and for the purpose set forth therein. The Contractor'sexecution of the contract shall be considered verification that the Contractor has reviewed,understands, accepts, and agrees to abide by the terms and conditions contained in the biddocuments, the proposal submitted by the Contractor, the proposed contract, and the performanceand payment bonds.

3.8 Forfeiture of Bid Security. Failure to execute the contract and furnish sufficientperformance and payment bonds shall be cause for the cancellation of award to the Contractor. The Contractor also forfeits the bid security which becomes the property of the County, which isnot a penalty, but liquidated damages sustained by the County. The County may make award tothe next lowest responsive, responsible bidder or the County may re-advertise the workcontemplated.

Section 4 - Legal Relations and Responsibility

4.1 Independent Contractor. The Contractor shall perform the contract as anindependent contractor and shall not be entitled to any benefits and privileges of an employee ofthe County of Maui for purposes including, but not limited to, the County's civil service system,fringe benefits, unemployment benefits, worker's compensation benefits, federal and state taxes,social security tax, medicare tax, FICA tax and any other employment taxes. Upon execution ofthe contract, the Contractor shall comply with chapter 237 (general excise tax); chapter 383(employment security); chapter 386 (workers' compensation); chapter 392 (temporary disabilityinsurance); and chapter 393 (pre-paid health care), HRS. The Contractor and Contractor'ssureties shall be liable for any loss caused to the County by reason of the Contractor's failure tocomply with chapter 386, HRS.

4.2 Contractor's Inability to Contract for County. Notwithstanding anythingherein contained to the contrary, Contractor shall not have the right to make any contracts orcommitments for, or on behalf of, the County without first obtaining written consent of theCounty.

4.3 Insurance. (a) The Contractor shall submit to the Officer-in-Charge within ten(10) calendar days after execution of the contract, or within such further time as the County mayallow, three (3) copies of insurance certification evidencing that the Contractor has in force thefollowing types of insurance with the following minimum limits of liability:

(1) HRS chapters 383 (Unemployment Insurance), 386 (Workers'

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Compensation), 392 (Temporary Disability Insurance), and 393 (Prepaid Health Care)requirements for award. The Contractor shall submit an approved certificate ofcompliance issued by the Hawaii State Department of Labor and Industrial Relations(DLIR). The certificate shall be valid for six (6) months from the date of issue and mustbe valid on the date it is received by the County. The application for the certificate shallbe the responsibility of the Contractor, and must be submitted directly to the DLIR andnot to the County. [§103D-310(c), HRS]

(2) Employers' Liability Insurance. The Contractor and anyone acting under itsdirection or control or on its behalf shall at its own expense procure and maintain andrequire the Contractor's sub-contractors (if any) at their own expense to procure andmaintain in full force at all times during the term of this Contract, employers' Liabilityinsurance with minimum limits for bodily injury from accident of FIVE HUNDREDTHOUSAND DOLLARS ($500,000), or such other limit acceptable to the County, - eachaccident; for bodily injury from disease of FIVE HUNDRED THOUSAND DOLLARS($500,000), or such other limit acceptable to the County, - each employee; and for bodilyinjury from disease of FIVE HUNDRED THOUSAND DOLLARS ($500,000), or suchother limit acceptable to the County, - each policy limit.

(3) Commercial General Liability Insurance. The Contractor and anyoneacting under its direction or control or on its behalf shall at its own expense procure andmaintain and require the Contractor's sub-contractors (if any) at their own expense toprocure and maintain in full force at all times during the terms of this Contract,Commercial General Liability insurance with a bodily injury and property damagecombined single limit of liability of at least ONE MILLION DOLLARS ($1,000,000), forany occurrence, and THREE MILLION DOLLARS ($3,000,000) in the aggregate, orsuch other limit acceptable to the County. Such insurance shall include coverage in likeamount for products/completed operations, contractual liability, and personal andadvertising injury. "Claims made" policies are not acceptable under this section.

(4) Automobile Liability Insurance. The Contractor and anyone acting underits direction or control or on its behalf shall at its own expense procure and maintain andrequire the Contractor's sub-contractors (if any) at their own expense to procure andmaintain in full effect at all times during the term of this Contract, Automobile Liabilityinsurance with a bodily injury and property damage combined single limit of at least ONEMILLION DOLLARS ($1,000,000), or such other limit acceptable to the County, peraccident.

(5) Fire and Standard Extended Coverage Insurance. Except for contracts inwhich the scope of work is limited to roadway construction or utility improvements thatdo not include payment for stored materials on-site, the Contractor shall insure the workfor one million dollars ($1,000,000), or such other limit acceptable to the County, plusone hundred percent (100%) of the replaceable value thereof for the life of the contractagainst all loss or damage by fire at the site and against all loss or damage covered by theStandard Extended Coverage Insurance endorsement, including vandalism and maliciousmischief, by an insurance company or companies acceptable to the County. The amountof insurance may vary with the extent of the work complete, but shall at all times be atleast equal to one million dollars ($1,000,000), or such other limit acceptable to theCounty, plus the replaceable value of the amount paid for the work and materials installed

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and delivered, plus the replaceable value of the work or materials furnished or deliveredby the Contractor but not yet paid for by the County. The insurance policy or policiesshall be held jointly in the name of the County, the Contractor, and the Contractor'ssubcontractors as their interest may appear. The Contractor shall submit to the Countysatisfactory proof of the amount of such insurance carried with each application forpartial payment.

(6) County as Additional Insured. Insurance policies providing the insurancecoverage required in this section (except for Workers' Compensation) shall name theCounty, its agents, and its employees as additional insured for any claims arising from theContractor's activities under this Contract. Coverage must be primary in respect to theadditional insured. Any other insurance carried by the County shall be excess only andnot contribute with this insurance. Such policies or certificates showing the abovecoverage shall be deposited with the County within ten (10) days of the execution of thisContract and shall contain the following statement:

"The Named Insured, its Insurance Carrier or Broker shall notify thecertificate holder of any cancellation, or reduction in coverage or limits, ofany insurance within thirty (30) days of receipt of insurers' notification tothat effect."

(b) When a subcontractor is utilized, the Contractor shall furnish or require thesubcontractor to furnish the Procurement Officer within ten (10) calendar days after execution ofthe contract, or within such further time as the County may allow, with a copy of a policy orpolicies of insurance and certificate of insurance covering the subcontractor and thesubcontractor's employees or agents in the same amount and for the same liability specifiedabove.

(c) In the event of cancellation or termination of any policy required above or anysubstitute policy as provided for hereinafter, the Contractor or the subcontractor, as the case maybe, shall immediately furnish the Procurement Officer with a substitute policy of insurance in thesame amount and for the same liability specified above.

4.4 Indemnification. The Contractor shall defend, indemnify and hold harmless theCounty and its officers and employees harmless from any and all deaths, injuries, losses anddamages to persons or property, and any and all claims, demands, suits, action and liabilitytherefor, caused by error, omissions or negligence in the performance of the contract by theContractor or Contractor's subcontractors, agents and employees. The Contractor's obligationsunder this section shall survive and shall continue to be binding upon Contractor notwithstandingthe expiration, termination or surrender of the contract.

4.5 Absence of Interest. The Contractor covenants that it currently has no interest andshall not acquire any interest, direct or indirect, which would conflict in any manner or degreewith the performance of services required to be performed under the contract. The Contractor further covenants that in the performance of the contract, no person having such interest shall beemployed.

4.6 Laws and Regulations. (a) The Contractor shall keep fully informed of allapplicable federal, state and county laws, ordinances, codes, rules and regulations, governmental

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general and development plans and all changes thereto including, but not limited to, theAmericans with Disabilities Act, health and safety, labor, anti-discrimination and environmentallaws and regulations, and the following:

(1) All Sections of the local County's Charter and Code;

(2) Article I of Title 10, Maui County Code, 1980, as amended, relating to theMaui Traffic Code;

(3) Title 12, Maui County Code, 1980, as amended, relating to Streets,Sidewalks, and Public Places;

(4) Chapter 16.04A, Maui County Code, 1980, as amended, relating to theFire Code;

(5) Chapter 16.18A, Maui County Code, 1980, as amended, relating to theElectrical Code;

(6) Chapter 16.20A, Maui County Code, 1980, as amended, relating to thePlumbing Code;

(7) Chapters 103 and 103D, HRS, as amended, relating to Expenditure ofPublic Money and Public Contracts and the Hawaii Public Procurement Code, includingHawaii Administrative Rules Chapter 103D (Chapters 3-120, 3-121, 3-122, 3-123, 3-124,3-125, 3-126, 3-128, 3-129, 3-130, 3-131, 3-132);

(8) Chapter 104, HRS, as amended, relating to Wages and Hours ofEmployees on Public Works;

(9) Chapter 22 of Subtitle 4 of Title 12, HAR, relating to WageDeterminations and the Administration and Enforcement of chapter 104, HRS;

(10) Chapter 132, HRS, as amended, relating to the Fire Protection;

(11) Chapter 321, HRS, as amended, relating to the Department of Health;

(12) Chapter 378, HRS, as amended, relating to Fair Employment Practices;

(13) Chapter 386, HRS, as amended, relating to Workers' Compensation Law;

(14) Chapter 396, HRS, as amended, relating to Occupational Safety andHealth, and specifically, all bids and proposals in excess of $100,000 for constructionjobs shall have a signed certification from the bidder or offeror that a written safety andhealth plan for the job will be available and implemented by the notice to proceed date ofthe project (see §396-18, HRS);

(15) Chapter 444, HRS, as amended, relating to contractors for constructionwork. Provider shall use properly licensed contractors for all construction work asrequired by law;

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(16) Part III of Subtitle 8 of Title 12, HAR, relating to Construction Standards;and

(17) Chapters 120 to 132 of Subtitle 11 of Title 3, HAR, relating to the HawaiiPublic Procurement Code.

(b) The Contractor shall comply with all such laws, ordinances, codes, rules, regulations,design standards and criteria, governmental general and development plans. If any discrepancyor inconsistency is discovered between the contract and any such law, ordinance, code, rule,regulation, design standard, design criterion, and governmental general and development plans,the Contractor shall immediately report the same in writing to the Officer-in-Charge.

(c) The Contractor shall obtain all necessary permits and approvals for the performance ofthe contract and shall pay for all charges in connection with such permits.

Section 5 - County Responsibility

5.1 Cooperation by the County. The County, through the Officer-in-Charge, shallcooperate fully with the Contractor and will promptly place at the disposal of the Contractor allavailable pertinent information which the County may have in its possession. The Officer-in-Charge will certify to the accuracy of certain information in writing whenever it is possible to doso. The County does not represent that other information not certified as accurate is so and takesno responsibility therefor, and the Contractor shall rely on such information at the Contractor'sown risk.

5.2 Review by the County. The Officer-in-Charge shall review all submissions andother work and data required to be made by the Contractor and reject or approve suchsubmissions in their entirety or approve the same subject to such deletions, additions andrevisions as the County may deem necessary and proper. For submissions specified in the specialprovisions, all items not required by the County to be deleted, added or revised after review bythe Officer-in-Charge and not defective by reason or error, omissions or negligence on the part ofthe Contractor, subcontractors, agents or employers shall be deemed to have been approved.

5.3 Limitation of Liability. The County shall be responsible for damage or injurycaused by the County's agents, officers, and employees in the course of their employment to theextent that the County's liability for such damage or injury has been determined by a court orotherwise agreed to by the County, and the County shall pay for such damage or injury to theextent permitted by law and approved by the Maui County Council. The County's total liabilityunder the contract, if any, is strictly limited to the provisions in this paragraph.

Section 6 - Performance of Contract.

6.1 Time. (a) Time is of the essence herein. Performance of the services under thecontract shall commence on the commencement date designated in the Notice to Proceed and theservices described herein shall be completed within the time specified.

(b) If the Contractor cannot complete the contract within the time specified due to

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reasons beyond its control, a written request for a time extension accompanied by a detailedaccounting of the causes and reasons for such delays may be submitted to the Officer-in-Chargefor determination as to whether a time extension will be granted. The Officer-in-Charge'sdecision shall be final.

(c) If the scope of the work is amended during construction, an appropriateadjustment may be made to the contract time subject to approval by the Officer-in-Charge.

(d) Any adjustment to the contract time shall be made by contract amendment orchange order.

6.2 Preconstruction Meeting. The County may schedule a pre-construction meetingafter the execution of the contract.

6.3 Construction Schedule. (a) The Contractor shall submit to the Officer-in-Charge a detailed construction schedule in critical path method ("CPM") format, itemizing thevarious subdivisions of work and their durations at the pre-construction meeting, if held. If apre-construction meeting is not held, the Contractor shall submit the schedule to the Officer-in-Charge not more than ten (10) calendar days after the Notice to Proceed is issued.

(b) The detailed construction schedule shall include: construction activities, thesubmission and approval of samples of materials and shop drawings, the procurement ofmaterials and equipment, fabrication of materials and equipment and their delivery, installation,and testing, and start-up in CPM format.

(c) The Contractor shall revise the construction schedule whenever any delays areanticipated in any of the various items of work, or the performance of such items of work areobviously not in accordance with the construction schedule, and submit it to the Officer-in-Charge, together with the reasons for such anticipated or actual delays, and the planned coursesof action to prevent or minimize any delay in the completion of the contract. Acceptance of therevised construction schedule and the reasons for such revisions shall not be construed to meanconcurrence or acceptance as a basis for any time extension by the Officer-in-Charge.

6.4 Construction Progress. (a) The Contractor shall furnish such manpower,materials, facilities and equipment as may be necessary to insure the prosecution and completionof the work in accordance with the accepted schedule. If work falls fourteen (14) days or morebehind the accepted construction schedule, the Contractor agrees to take some or all of thefollowing actions to return the project to the accepted schedule. These actions may include thefollowing:

(1) Increase manpower in quantities and crafts;(2) Increase the number of working hours per shift, shifts per working day,

working days per week, or the amount of equipment, or any combination of theforegoing; and/or

(3) Reschedule activities.

(b) Upon demand by the Officer-in-Charge, the Contractor shall prepare a proposedconstruction schedule revision demonstrating a plan to make up the lag in progress and insurecompletion of the work within the contract time. Upon receipt of an acceptable proposedschedule, the revision to the construction schedule shall be included a change order to the

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contract in accordance with section 8, Contract Amendments/Change Orders.

(c) All actions to return the project to the accepted schedule are at the Contractor's soleexpense. The Contractor shall pay all costs incurred by the County which result from theContractor's action to return the project to its accepted schedule. Contractor agrees that Countyshall deduct such charges from payments due the Contractor. It is further understood and agreedthat none of the services performed by the Officer-in-Charge in monitoring, reviewing andreporting project status and progress shall relieve the Contractor of responsibility for planningand managing construction work in conformance with the construction schedule.

(d) When the Contractor foresees a delay in the prosecution of the work and, in any event,immediately upon the occurrence of a delay which the Contractor regards as unavoidable, theContractor shall notify the Officer-in-Charge in writing of the probability of the occurrence ofsuch delay, the extent of the delay, and its possible cause. The Contractor shall take immediatesteps to prevent, if possible, the occurrence or continuance of the delay. If this cannot be done,the Officer-in-Charge shall determine how long the delay shall continue, to what extent theprosecution and completion of the work are being delayed thereby, and whether the delay is to beconsidered avoidable or unavoidable. The Officer-in-Charge shall notify the Contractor of theOfficer-in-Charge's determination. The Contractor agrees that no claim shall be made for delayswhich are not called to the attention of the Officer-in-Charge at the time of occurrence.

(e) In case the work is not completed in the time specified, including extension of time asmay have been granted for unavoidable delays, the Contractor shall be assessed damages forthose costs incurred by the County which are attributable to the fact that the work was notcompleted on schedule.

6.5 Avoidable delays. (a) Avoidable delays in the prosecution of the work shallinclude delays which could have been avoided by the exercise of care, prudence, foresight anddiligence on the part of the Contractor or its subcontractors. Avoidable delays include:

(1) Delays which may in themselves be unavoidable but which affect only aportion of the work and do not necessarily prevent or delay the prosecution of other partsof the work nor the completion of the whole work within the contract time.

(2) Time associated with the reasonable interference of other contractorsemployed by the County which do not necessarily prevent the completion of the wholework within the contract time.

(b) The County may grant an extension of time for avoidable delay if deemed in theCounty's best interest. If the County grants an extension of time for avoidable delay, theContractor agrees to pay actual costs, including charges for construction management,engineering and administration incurred during the extension, and other damages incurred by theCounty. Such time extension shall be included in the contract as a change order pursuant tosection 8, Contract Amendments/Change Orders.

6.6 Unavoidable delays. (a) Unavoidable delays in the prosecution or completion ofthe work shall include delays which result from causes beyond the control of the Contractor andwhich could not have been avoided by the exercise of care, prudence, foresight and diligence onthe part of the Contractor or its subcontractors. Delays in completion of the work of othercontractors employed by the County will be considered unavoidable delays insofar as theyinterfere with the Contractor's completion of the work. Delays due to normal weather conditions

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shall not be regarded as unavoidable as the Contractor agrees to plan work with prudentallowances for interference by normal weather conditions. Delays caused by fire, unusualstorms, floods, tidal waves, earthquakes, strikes, labor disputes, freight embargoes and shortagesof materials shall be considered as unavoidable delays insofar as they prevent the Contractorfrom proceeding with at least seventy-five percent (75%) of the normal labor and equipmentforce for at least four (4) hours per day toward completion of the current controlling item on theaccepted critical path schedule.

(b) Should unavoidable delays prevent the work from beginning at the usual startingtime, or prevent the Contractor from proceeding with seventy-five percent (75%) of the normallabor and equipment force for a period of at least four (4) hours per day, and the crew isdismissed as a result thereof, the Contractor will not be charged for a working day whether or notconditions change so that the major portion of the day could be considered to be suitable forwork on the controlling item.

(c) For delays which the Contractor considers to be unavoidable, the Contractor shallsubmit to the Officer-in-Charge complete information demonstrating the effect of the delay onthe critical path in the construction schedule. The submission shall be made within thirty (30)calendar days of the occurrence which is claimed to be responsible for the unavoidable delay. The Officer-in-Charge shall review the Contractor's submission and determine the number ofdays of unavoidable delay and the effect of such unavoidable delay on the critical path of thework. The County agrees to grant an extension of time, but no monetary compensation, to theextent that unavoidable delays affect the critical path in the construction schedule. During suchextension of time, neither extra compensation or engineering inspection and administration nordamages for delay will be charged to the Contractor. It is understood and agreed by theContractor and County that time extensions due to unavoidable delays will be granted only ifsuch unavoidable delay involve critical activities which would prevent completion of the wholework within the specified contract time.

6.7 Furnishing of Plans and Specifications. The County will furnish the Contractorwith up to six (6) sets of the plans and specifications at no cost to the Contractor. The Contractorshall be responsible for the cost of printing any additional plans and specifications.

6.8 Breakdown of Lump Sum Items. If the bid form calls for a total sum bidwithout bid items, or contains lump sum items, the Contractor shall submit a detailed costbreakdown of the total sum bid or such lump sum items not less than twenty (20) calendar daysfollowing issuance of Notice to Proceed.

6.9 Commencement of Work. The Contractor shall not commence with any workprior to the effective date of the Notice to Proceed.

6.10 Prosecution of the Work. The Contractor shall be available upon reasonabledemand to discuss the progress of the services being performed under the contract. All questionsarising during the performance of the contract which must be resolved by the ProcurementOfficer or Officer-in-Charge shall be brought to their immediate attention by Contractor.

6.11 Contractor to Report Errors or Discrepancies. Should the Contractor discoverany apparent inconsistencies within the contract documents, discrepancies between the contractdocuments and the conditions on the ground, or any error or omission in the contract documents

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or instructions, the Contractor shall immediately advise the Officer-in-Charge in writing thereof. If, after discovery, the Contractor elects to perform any work which may require revisionswithout authorization by the Officer-in-Charge, such work shall be performed solely at theContractor's risk.

6.12 Authority of the Procurement Officer and Officer-In-Charge. Any questionor dispute concerning any provision of the contract which may arise during its performance shallbe decided by the Officer-in-Charge. The decisions of the Officer-in-Charge shall be final andbinding upon all Parties unless the same is fraudulent, capricious, arbitrary, or so grosslyerroneous as necessarily to imply bad faith or is not supported by substantial evidence, providedthat decisions on questions or disputes relating to acceptance of the services performed under thecontract, suspension or termination of the contract, extension of time, reduction or increase in thecompensation of the Contractor and payment shall become final and binding upon all Parties onlyupon approval of the Procurement Officer, and provided further that nothing herein shall beconstrued as making final and binding any decision of the Officer-in-Charge and/or ProcurementOfficer on a question of law. Pending final decision of any dispute or question, the Contractorshall proceed diligently with the performance of services under the contract in accordance withthe decision of the Officer-in-Charge and/or Procurement Officer.

6.13 Subcontracting. (a) The Contractor shall not subcontract any part of the contractexcept to those subcontractors specifically listed in the proposal submitted by the Contractor;provided that the Contractor may, for good cause, engage other subcontractors with the Officer-in-Charge's approval.

(b) Subcontractors and their employees shall be considered employees of theContractor. Engaging subcontractors to perform any work shall not relieve the Contractor of itsduty to complete the work in accordance with the contract.

(c) The Contractor shall replace any subcontractor for not performing in accordancewith the contract when required and so notified by the Officer-in-Charge.

6.14 Rate of Wages for Laborers and Mechanics. (a) Every laborer and mechanicperforming work on the job site for the construction of the work shall be paid no less than theprevailing wages provided that:

(1) Prevailing wages shall be not less than the wages that the Director ofLabor and Industrial Relations, shall have determined to be the prevailing wages forcorresponding classes of laborers and mechanics on projects of similar character in theState;

(2) The prevailing wages shall be not less than the wages payable underfederal law to corresponding classes of laborers and mechanics employed on public worksin the State that are prosecuted under contract or agreement with the government of theUnited States; and

(3) Notwithstanding the provisions of the contract, the prevailing wages shallbe periodically adjusted during the performance of the contract in an amount equal to thechange in the prevailing wages as periodically determined by the Director of Labor andIndustrial Relations. [§104-2(b), HRS]

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(b) No laborer or mechanic employed on the job site of any public work of the Countythereof shall be permitted or required to work on Saturday, Sunday, or a legal holiday of the Stateor in excess of eight hours on any other day unless the laborer or mechanic receives overtimecompensation for all hours worked on Saturday, Sunday, and a legal holiday of the State or inexcess of eight hours on any other day. For purposes of determining overtime compensationunder this subsection, the basic hourly rate of any laborer or mechanic shall not be less than thebasic hourly rate determined by the Director of Labor and Industrial Relations to be theprevailing basic hourly rate for corresponding classes of laborers and mechanics on projects ofsimilar character in the State. [§104-2(c), HRS]

(c) The Contractor or the Contractor's subcontractors shall pay all mechanics andlaborers employed on the job site, unconditionally and not less often than once a week, andwithout deduction or rebate on any account, except as allowed by law, the full amounts of theirwages including overtime, accrued to not more than five (5) working days prior to the time ofpayment, at wage rates not less than those deemed to be prevailing, regardless of any contractualrelationship which may be alleged to exist between the Contractor or subcontractor and thelaborers and mechanics.

(d) The rates and wages to be paid shall be posted by the Contractor in a prominent andeasily accessible place at the job site, and a copy of the rates of wages required to be posted shallbe given to each laborer and mechanic employed under the contract by the Contractor at the timeeach laborer and mechanic is employed, except that where there is a collective bargainingagreement the Contractor does not have to provide the Contractor's employees the wage rateschedules. [§104-2(d), HRS]

(e) The Contractor shall be solely responsible for any increase in rates and wages duringthe contract.

(f) The County may withhold from the Contractor so much of the accrued payments as theCounty may consider necessary to pay to the laborers and mechanics employed by the Contractoror any subcontractor on the job site the difference between the prevailing wages and the wagesreceived and not refunded by the laborers and mechanics. [§104-2(e), HRS]

6.15 Payrolls and Payroll Records. (a) A certified copy of all payrolls shall besubmitted weekly to the Officer-in-charge for review. The Contractor shall be responsible for thesubmission of certified copies of the payrolls of all subcontractors. The certification shall affirmthat the payrolls are correct and complete, that the wage rates contained therein are not less thanthe prevailing wages and the classifications set forth for each laborer or mechanic conform withthe work the laborer or mechanic performed. Any certification discrepancy found by the Countyshall be reported to the Contractor and Director of Labor and Industrial Relations. [§104-3(a),HRS]

(b) Payroll records for all laborers and mechanics working at the site of the work shallbe maintained by the Contractor and the Contractor's subcontractors during the course of thework and preserved for a period of three (3) years thereafter. The records shall contain the nameof each employee, the employees' correct classification, rate of pay, daily and weekly number ofhours worked, deductions made and actual wages paid. [§104-3(b), HRS]

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(c) The Contractor shall make payroll records available for examination within ten(10) calendar days from the date of the written request by the County, Director of Labor andIndustrial Relations of the State, or any authorized representatives thereof. Any Contractor who:

(1) Fails to make payroll records accessible within ten (10) calendar days;

(2) Fails to provide information requested for the proper enforcement ofchapter 104-3, HRS, within ten (10) calendar days; or

(3) Fails to keep or falsifies any record required under chapter 104-3, HRS,shall be assessed a penalty as set forth in section 104-22(b), HRS. [§104-3(c), HRS]

6.16 Prompt Payment By Contractor to Subcontractors and Vendors. (a) Anymoney, other than compensation retained, paid to the Contractor shall be dispersed tosubcontractors and vendors within ten (10) calendar days after receipt of the money inaccordance with the terms of the subcontract; provided that the subcontractor met all the termsand conditions of the subcontract and there are no bona fide disputes on which the County haswithheld payment. [ §103-10.5(a), HRS]

(b) Upon final payment to the Contractor, full payment to the subcontractor, includingcompensation retained, shall be made within ten (10) calendar days after receipt of money,provided that there are no bona fide disputes over the subcontractor's performance under thesubcontract. [§103-10.5(b), HRS]

(c) Where a subcontractor has provided evidence to the Contractor of satisfactorilycompleting all work under their subcontract and has provided a properly documented finalpayment request as described in (b) above, and:

(1) Has provided the Contractor an acceptable performance and payment bondfor the work under the contract executed by a surety company authorized to do businessin the State of Hawaii, as provided in Section 103-32.1, HRS; or

(2) The following has occurred:

(A) A period of ninety (90) days) after the day on which the last of thelabor was done or performed and the last of the material wasfurnished or supplied has elapsed without written notice of a claimgiven to Contractor or surety, as provided in section 103D-324,HRS; and

(B) The subcontractor has provided to the Contractor:

(I) An acceptable release of retainage bond, executed by asurety company authorized to do business in the State, in anamount of not more than two times the amount beingretained or withheld by the Contractor;

(ii) Any other bond acceptable to the Contractor; or

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(iii) Any other form of mutually acceptable collateral, all sumsretained or withheld from a subcontractor and otherwisedue to the subcontractor for satisfactory performance underthe subcontract shall be paid by the Procurement Officer tothe Contractor and subsequently, upon receipt from theProcurement Officer, by the Contractor to the subcontractorwithin the applicable time periods specified in subsection(b) and section 103-10. If the Procurement Officer or theContractor fails to pay in accordance with this section, apenalty of one and one-half per cent per month shall beimposed upon the outstanding amounts due that were nottimely paid by the responsible party. The penalty may bewithheld from future payment due to the Contractor, if theContractor was the responsible party. If a contractor hasviolated subsection (b) three or more times within twoyears of the first violation, the Contractor shall be referredby the Procurement Officer to the Contractor license boardfor action under section 444-17(14), HRS.

(d) A properly documented final payment request from a subcontractor, as required bysubsection (c), shall include:

(1) Substantiation of the amounts requested;

(2) A certification by the subcontractor, to the best of the subcontractor'sknowledge and belief, that:

(A) The amounts requested are only for performance in accordance withthe specifications, terms, and conditions of the subcontract;

(B) The subcontractor has made payments due to its subcontractors andsuppliers from previous payments received under the subcontract and will maketimely payments from the proceeds of the payment covered by the certification, inaccordance with their subcontract agreements and the requirements of this section;and

(c) The payment request does not include any amounts that thesubcontractor intends to withhold or retain from a subcontractor or supplier inaccordance with the terms and conditions of their subcontract; and

(3) The submission of documentation confirming that all other terms andconditions required under the subcontract agreement have been fully satisfied.

The Procurement Officer shall return any final payment request that is defective to theContractor within seven days after receipt, with a statement identifying the defect.

(e) In the case of a construction contract, a payment request made by a contractor tothe Procurement Officer that includes a request for sums that were withheld or retained from asubcontractor and are due to a subcontractor may not be approved under subsection (c) unless the

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payment request includes:

(1) Substantiation of the amounts requested; and

(2) A certification by the Contractor, to the best of the Contractor's knowledgeand belief, that:

(A) The amounts requested are only for performance in accordance withthe specifications, terms, and conditions of the contract;

(B) The subcontractor has made payments due to its subcontractors andsuppliers from previous payments received under the contract and will maketimely payments from the proceeds of the payment covered by the certification, inaccordance with their subcontract agreements and the requirements of this section;and

(C) The payment request does not include any amounts that the Contractorintends to withhold or retain from a subcontractor or supplier in accordance withthe terms and conditions of their subcontract.

The Procurement Officer shall return any final payment request that is defective to theContractor within seven days after receipt, with a statement identifying the defect.

(f) This section shall not be construed to impair the right of a contractor or asubcontractor at any tier to negotiate and to include in their respective subcontracts provisionsthat provide for additional terms and conditions that are requested to be met before thesubcontractor shall be entitled to receive final payment under subsection (c) of this section;provided that any such payments withheld shall be withheld by the Procurement Officer.

6.17 Termination of Work on Failure to Pay Agreed Wages. If the County findsthat any laborer or mechanic employed on the job site by the Contractor or any subcontractor hasbeen or is being paid wages at a rate less than the required rate by the contract or specifications,or has not received the laborer's or mechanic's full overtime compensation, the County may, bywritten notice to the Contractor, terminate the Contractor's right, or the right of anysubcontractor, to proceed with the work or with the part of the work in which the required wagesor overtime compensation have not been paid and may complete such work or part by contract orotherwise, and the Contractor and the Contractor's sureties shall be liable to the County for anyexcess costs occasioned thereby. [§104-4, HRS]

6.18 Vehicular and Pedestrian Traffic, Public Convenience, and Safety. (a) If theproject requires the closing or obstruction of any public thoroughfare, the Contractor shallcomply with the Manual on Uniform Traffic Control Devices, U. S. Department ofTransportation, Federal Highway Administration, and the Maui Traffic Code of the Maui CountyCodes, 1980, as amended.

(b) No pedestrian or vehicular traffic within public rights of way shall be alteredwithout authorization from the Hawaii State Department of Transportation, Department of PublicWorks and Environmental Management, Police Department, and Department of Fire and PublicSafety.

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(c) The Contractor shall minimize, to the extent possible, hazardous conditions; shallprovide additional safety devices as deemed prudent; shall maintain all signs, signals, lightingdevices, markings, and barricades provided to minimize public inconvenience; and shall exercisesafety practices during all hours of the day for as long as such hazardous conditions exist. TheContractor shall prudently extend applicable provision of this subsection to areas, other thanstreets and highways, which involve the project.

(d) The presence of inspectors on the project or their oversight to discover or to pointout any noncompliance on the part of the Contractor shall not relieve the Contractor from itsresponsibility under this subsection.

6.19 Work on Weekends and Holidays, Night Work, and Overtime Work. (a) Nowork, except for resolution of an emergency event, shall be performed on Saturdays, Sundays, orState/County recognized legal holidays, unless authorized by the Officer-in-Charge.

(b) No work shall be performed between sunset and sunrise, unless required by thecontract documents or authorized by the Officer-in-Charge.

(c) No work in excess of eight (8) hours per day or in excess of forty (40) hours perweek shall be performed unless authorized by the Officer-in-Charge.

(d) The Contractor shall be responsible for costs incurred by the County underparagraphs (a), (b), and (c).

6.20 Value Engineering. (a) Except with specific approval from the Officer-in-Charge, this subsection shall be applicable only if the contract price is in excess of $100,000 andwill result in a net savings in the project of at least $1,000.

(b) Any cost reduction proposal intended to be considered as a value engineeringchange proposal (VECP) shall be so identified as a value engineering change proposal andsubmitted to the Officer-in-Charge.

(c) In order that any proposal be accepted as a VECP, it must result in a net costsavings to the County by providing a system, structure, procedure or process better than thedesign specified or by providing less costly items than those specified in the contract documentswithout impairing any of their essential functions and characteristics such as service life,reliability, economy of operation, ease of maintenance, and necessary standardized features.[§103-49, HRS]

(d) With the submission of any VECP, the Contractor shall submit the followinginformation:

(1) A description of the difference between the existing contract requirementsand 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 accepted and recommendations as to how each change should be made;

(3) An estimate of the reduction in construction costs or the net cost savings to

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the County that would result from acceptance of the VECP, taking into account the costsof implementation by the Contractor, including costs attributable to subcontractors, andthe basis of the estimate;

(4) A prediction of effects the VECP would have on other costs to the County,such as County-furnished property costs, costs of related items, and costs of maintenanceand operations;

(5) A statement of the time by which a change order accepting the VECPshould be issued to obtain the maximum cost reduction during the remainder of thecontract period, noting any effect on the contract period; and

(6) The dates of any previous submissions of the value engineering changeproposals, the number of any governmental contracts under which submitted and theprevious actions by the various branches of government.

(e) The submission of any VECP by the Contractor and the receipt thereof by theOfficer-in-Charge, or verbal acceptance of any VECP by any employee, assign, or agent of theCounty shall not obligate the County to accept or approve any such proposal. The Contractorshall comply with the provisions of the contract until such time that a VECP is approved.

(f) The County may accept in whole or in part any VECP. Its decision in theacceptance of any VECP is final. The County will approve value engineering change proposalsby issuing change orders.

(g) The Contractor may restrict the County's right to use any sheet of a valueengineering change proposal or of the supporting data in accordance with the terms of thefollowing legend if it is marked as follows on such the sheet:

"This data furnished pursuant to a value engineering incentive clause shallnot be duplicated, used, or disclosed, in whole or in part, for any purpose otherthan to evaluate a value engineering change proposal submitted under said clause. This restriction does not limit the County's right to use information contained inthis data if it is or has been obtained from another source, or is otherwiseavailable, without limitations. If after use of the data in evaluating a valueengineering change proposal, the County accepts the proposal by issuing a changeorder, the County shall have the right to duplicate, use, and disclose any datapertinent to the proposal as accepted, in any manner and for any purposewhatsoever, and authorize others to do likewise."

(h) If the VECP is approved, the Contractor grants to the County all rights to use,duplicate or disclose in whole or part, in any manner and for any purpose, and to have or permitothers to do likewise, any data reasonably necessary to fully utilize such a proposal. Contractmodifications made as a result of this clause will state that they are made pursuant to it.

(I) If a VECP is accepted, affected portions of the construction plans andspecifications shall be modified by change order.

(j) An equitable adjustment shall be made in the contract price so that the Contractor

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will share a portion of the realized cost reduction.

(k) If a VECP is accepted, an adjustment shall be made to the contract time, asrequired.

(l) Previously accepted or previously submitted but not accepted value engineeringchange proposals under other contracts, or both, may be submitted for consideration; providedthat previously accepted value engineering change proposals under other contracts shall not begrounds for automatic acceptance under the contract.

(m) The County may impose, as a condition of acceptance of any VECP, arequirement that the Contractor warrants the statements, claims, and other information containedin the VECP regarding essential functions and characteristics such as service life, reliability,economy of operation, ease of maintenance, and desired appearance, such warranty to be for anappropriate period to be determined by the County.

(n) The determination of the proposed VECP shall be at the County's sole discretionand the decision will be final.

(o) The County shall not be liable for costs or delays incurred by the Contractorregarding the County's determination with respect to a proposed VECP including developmentcosts, anticipated profits, and increased material or labor costs. Non conforming work and theannulment of VECP review shall not be the basis of claim against the County including claimsfor delay.

6.21 Plans to Be Furnished by the Contractor. (a) Working or shop drawings shallbe submitted only by the Contractor for approval by the Officer-in-Charge. Upon approval bythe Officer-in-Charge, such drawings shall become part of the contract documents. TheContractor shall not proceed with work and shall not order any material, equipment, or deviceaffected by such drawings, until such drawings are approved by the Officer-in-Charge.

(b) The Contractor shall submit six (6) copies of working or shop drawings and/orcatalog cuts for fabricated items and manufactured items (including mechanical and electricalequipment). Submission shall be made in sufficient time to allow the Officer-in-Charge not lessthan twenty-one (21) calendar days for examining submissions, unless such submissions are formajor equipment that requires review by more than one engineering discipline, in which case thetime period shall be increased to thirty (30) calendar days.

(c) Drawing size shall be (8.5" x 11"), (11" x 17"), or (24" x 36"). Drawings shall beaccurate, distinct, and complete, and shall contain all required information, including satisfactoryidentification of items, units, and assemblies in relation to the contract drawings andspecifications.

(d) The Contractor shall mark drawings by a signed stamp, or other approved means,indicating that the Contractor has checked the shop drawings, and that the work shown is inaccordance with contract requirements and has been checked for dimensions and relationshipwith work of all other trades involved. The practice of submitting incomplete or uncheckeddrawings will not be acceptable and will be returned to the Contractor for re-submission in theproper form.

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(e) After the Officer-in-Charge's review, two (2) sets of submissions will be returnedto the Contractor appropriately stamped. If major changes or corrections are necessary, thedrawings may be rejected and will be returned to the Contractor with one (1) set of thesubmissions indicating such changes or corrections, and the Contractor shall correct and resubmitsix (6) revised copies. No changes shall be made by the Contractor to resubmitted shop drawingsother than those changes indicated by the Officer-in-Charge.

(f) The Officer-in-Charge's review of shop and working drawings and catalog cutsshall not relieve the Contractor from responsibility for correctness of dimensions, fabricationdetails, and space requirements.

(g) Operation and maintenance data shall be assembled in three ring binders (Slant"D" style), which shall be indexed and tabbed. The Contractor shall provide six (6) copies oforiginals (not photocopies) of the operation and maintenance data to the Officer-in-Charge.

6.22 Contract Documents to Be Kept on the Project Site. The Contractor shall keepa copy of the contract documents at the project site, and in such a location where they shall bereadily accessible for reference.

6.23 Additional Plans to Be Furnished by the Officer-in-Charge. The constructionplans are intended to be fairly comprehensive and indicate in detail the scope of the work. Ifduring the progress of construction, the Contractor should request supplemental plans to clarifyor define in greater detail the intent of the contract documents, the Officer-in-Charge may furnishsuch supplemental plans, and such additional plans shall become a part of the contractdocuments, and the Contractor shall perform the work in conformance with such supplemental plans.

6.24 Personal Supervision. (a) The Contractor shall either be personally present orhave a responsible representative, authorized to act on behalf of the Contractor, at the project siteat all times.

(b) The Contractor shall provide the Officer-in-Charge, in writing, with the name(s)of the Contractor's representative(s).

6.25 Character of Workers, Methods, and Equipment. (a) The Contractor shallemploy persons who possess the skills required to perform the work under the contract.

(b) When required by the Officer-in-Charge, the Contractor shall replace anyemployee who lacks the skill to perform the work assigned to such employee, or is discourteousor disorderly while performing such work. A person who has been replaced may be assignedother work with the approval of the Officer-in-Charge.

(c) The Contractor shall use proper and efficient methods and equipment based uponstandard construction industry practices for the performance of the contract.

6.26 Lines and Grades. (a) The laying out of base lines, establishment of grades andstaking out the entire work shall be done by a surveyor or civil engineer licensed in the State ofHawaii at the expense of the Contractor, and the Contractor shall be solely responsible for their

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accuracy. The Contractor shall be responsible for costs of replacing the horizontal and verticalcontrol points or monuments if disturbed or destroyed by the Contractor.

(b) Should any discrepancy be discovered in the dimensions given in the plans, theContractor shall immediately notify the Officer-in-Charge before proceeding any further with thework, otherwise the Contractor will be held responsible for any costs involved in correction ofconstruction placed due to such discrepancy.

6.27 Contractor's Entry upon Private Properties. Unless explicitly stated in thecontract documents or informed in writing by the Officer-in-Charge, the Contractor is notauthorized to enter any property other than the project site. If the Contractor enters any property,whether authorized by the landowner or any other person claiming an interest in the property, orwithout any authorization, and causes property damage, personal injury, or wrongful deaththereupon, the Contractor shall be responsible to settle any and all claims made by the landowneror person claiming an interest in the property.

6.28 Existing Underground Improvements. (a) Whenever the existence of drainage,gas, oil, sewer, or water pipelines (if applicable, see also Article 301.10 of the Water SystemsStandards); cable TV, electric, or telephone lines, or other underground utility facilities areindicated in the construction plans, or are not indicated in the construction plans, but inquiriesindicate their existence, the Contractor shall exercise utmost caution, keeping in mind thepossible existence of unrecorded laterals and other incidental facilities, and protect all suchimprovements from damage. The Contractor shall be responsible for any and all damages to allsuch improvements resulting from its operations.

(b) The Contractor is not eligible for additional compensation and shall not make anyclaims against the County for extra effort required to prevent any damages or extra work causedor resulting from its operations under this subsection.

6.29 Quality of Materials. All materials furnished and installed shall be new, be ofstandard quality of their respective kinds, and be free of defects. Rejected materials must beremoved from the project site immediately or within such time as allowed by the Officer-in-Charge and replaced with materials of the quality required by the contract documents. Failure bythe Officer-in-Charge to reject materials or to require the removal of such rejected materials shallnot relieve the Contractor from responsibility as to the quality and character of materials used onthe project.

6.30 Defective Work. Any defective work which may be discovered before thecompletion of the work shall be corrected as soon as possible. The fact that the Officer-in-Charge may not be aware of defective work shall not constitute the acceptance of the same. Payment, whether partial or final, shall not be construed to be an acceptance of defective work orimproper material.

6.31 Inspectors. (a) The Officer-in-Charge may place inspectors on the project. Theyshall have free access to inspect any and all portions of the project at all times and shall beafforded all means to inspect the materials furnished and work performed on the project. Nodefective or noncomplying material or workmanship will be considered as accepted as aconsequence of the failure of the inspectors to discover or to point out said defects or deficienciesduring the construction; nor will the presence of inspectors on the project relieve the Contractor

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from responsibility for securing the quality and progress of work required by the contractdocuments.

(b) The inspectors may not alter or waive the provisions of the contract, issueinstructions contrary to the contract, or act as foreman for the Contractor. The inspectors shall befree to perform their duties at all times and any intimidation of any inspector by the Contractor orthe Contractor's agents or employees, shall be sufficient reason for the County to terminate thecontract.

(c) If the Contractor wishes to work at such time of the day which is during the periodother than the regular business hours of the County, or on a Saturday, Sunday, or legalState/County holiday, the Contractor shall submit a written request to the Officer-in-Charge forinspection services during such period not less than forty-eight (48) hours in advance of the timewhen such inspection services are required. If the Contractor's request is granted, the Contractorshall pay the County at the rate per hour designated by the County for each inspector provided. Adeposit of legal tender or certified check in an amount estimated by the County to be the cost ofbe incurred by the County. The Contractor shall be refunded any unused portion of the deposit orbe responsible for additional payment based on actual cost incurred by the County for theadditional inspection. The County may reject the request for additional inspection services, andconsequently deny the Contractor's request to work overtime if inspectors are not availableduring the period the Contractor is planning to work.

6.32 Findings Confidential. Any reports, information, or data which the Countydeems confidential and is given to or prepared or assembled by the Contractor under the contractshall not be made available to any individual or entity by the Contractor without the prior writtenapproval of the Officer-in-Charge.

6.33 Ownership Vested in County. It is expressly understood that any and allequipment, materials, data, information, results and any other thing derived or obtained directlyor indirectly as a result of the contract, including, but not limited to, equipment, materials, data,information, and results shall be the sole and exclusive property of the County and that theContractor shall have no interest, right or title to or in any of the foregoing.

6.34 Pollution. In accordance with section 103D-411, HRS, the Contractor shallcontrol any pollution in accordance with applicable federal, state, and county regulations whenpollution is encountered in the performance of the contract. The Contractor shall immediatelynotify the Officer-in-Charge if pollution is encountered in the performance of the contract.

6.35 Best Efforts. Contractor agrees that it will, at all times, faithfully, industriously,and to the best of Contractor's ability, experience and talents, perform all of the duties that maybe required of Contractor pursuant to the express and implicit terms hereof to the reasonablesatisfaction of the County, as determined by the Officer-in-Charge.

6.36 Clean up. Upon the completion of the work, the Contractor shall remove alltemporary structures, surplus materials, rubbish, and obstructions. Should the Contractor fail todo so, the Officer-in-Charge may undertake the work and deduct the cost of performing suchwork from compensation due the Contractor.

6.37 Responsibility of the Contractor Prior to Final Acceptance of the Work. The

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Contractor shall be responsible for the work until final acceptance by the County. Use of anyportion of the work which may be necessitated by tie-ins to existing and live water systems andwhich portion of the work must be kept live and use of other portions of the work other thanwater system improvements by the public, with or without permission by the County, shall not beconstrued as an acceptance of the work and shall not relieve the Contractor from its responsibilityhereunder.

6.38 Substantial Completion. (a) The Contractor, on considering the work to besubstantially complete and ready for its intended use, shall so notify the Officer-in-Charge inwriting. The notification shall include an itemized list of remaining incomplete work. If theOfficer-in-Charge determines that the work is not substantially complete, the Officer-in-Chargewill so notify the Contractor in writing identifying the reasons for such a determination. If theOfficer-in-Charge finds the work substantially complete, the Officer-in-Charge will meet withthe Contractor to:

(1) prepare a punch list of incomplete items of work;

(2) define the division of responsibility between County and Contractor withrespect to security, operation, maintenance, heat, utilities, insurance, and warranties; and

(3) describe any other issues related to acceptance of the substantiallycompleted work.

The Officer-in-Charge will notify the Contractor in writing of the terms of the County’sacceptance of substantial completion. The written notification shall include a punch list ofincomplete work items, set the date for their completion, describe the division of responsibilitybetween the County and Contractor, and describe any other terms of acceptance of substantialcompletion. The Contractor shall acknowledge, in writing, acceptance of all terms specified inthe written notice before the project is determined substantially complete by the County.

(b) Upon receipt of the Contractor's written acknowledgment, the County shall takepossession of the work or portion of the work and put it into its intended service. The date thatthe work or portion of the work is put into service will become the date of substantialcompletion.

(c) Subsequent to the substantial completion date, the County may exclude theContractor from the work during such periods when construction activities might interfere withthe operation of the project. The County, however, shall allow the Contractor reasonable accessfor completion or correction of incomplete punch list items.

(d) Except for any portion(s) of work specified for early completion or required by theCounty for early possession, substantial completion will not occur for any work until the entireproject is ready for possession and use.

(e) The Officer-in-Charge shall have sole discretion for determination of substantialcompletion.

6.39 Possession of Portions of the Project. Should the Contractor fail to meet anydate specified for substantial completion of the work or any portion of the work requiring early

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possession and use by the County, the County may, after a 10-day written notice to theContractor, take over such portion or all of the work that is behind schedule. In such case, theOfficer-in-Charge will prepare a punch list of incomplete work. The County may allow theContractor reasonable access to the work at such times that the operation of the project will notbe affected or the County may complete the work itself after giving the Contractor notice of theCounty's intention to do so. The cost of County's work will be charged to and deducted fromamounts due to the Contractor. The substantial completion date will be established as the datewhen the County actually begins using the project or portion of the project for its intendedpurpose. Division of responsibilities between the County and Contractor, beginning ofwarranties, and any other issues relating to substantial completion shall be as specified in thecontract.

6.40 Acceptance of the Project. (a) Upon completion of the work, including portionsof the work previously accepted as substantially complete, the Contractor shall so notify theOfficer-in-Charge in writing. Upon receipt of the notification, the Officer-in-Charge willdetermine if the work conforms to the terms of the contract. If the Officer-in-Charge findsmaterials, equipment, or workmanship which do not meet the terms of the con-tract, the Officer-in Charge shall prepare a punch list of such items and submit it to the Contractor. Followingcompletion of the corrective work by the Contractor, the Contractor shall notify the Officer-in-Charge that the work has been completed in accordance with the contract. Final determination ofthe acceptability shall be made by the Officer-in-Charge. Upon acceptance of the project, theOfficer-in-Charge shall immediately file a notice of completion. For portions of the project notpreviously accepted as substantially complete, the conditions of guarantee shall commence on thedate that the Officer-in-Charge files a notice of completion.

(b) The final application for payment shall be accompanied by all requireddocumentation called for in the contract including complete and legally effective releases orwaivers of liens in a form acceptable to the County. Subject to prior approval of the County, theContractor may submit in lieu of the lien releases and waivers: (1) receipts of releases in full; (2)an affidavit that the releases and receipts cover all labor, services, materials, and equipment forwhich a lien could be filed and that all payrolls, materials, and equipment bills and otherindebtedness connected with the work for which the County or the County's property might inany way be responsible have been paid or otherwise satisfied; and (3) consent of the surety, ifany, to final payment.

(c) If any subcontractor or supplier fails to furnish a release or receipt in full,Contractor may furnish a bond or other collateral satisfactory to the County to indemnify theCounty against any lien.

(d) If, after reviewing the Contractor's final application for payment including alldocumentation required, the Officer-in-Charge determines that the work is complete, the Officer-in-Charge will recommend that final payment, including all retainages, be made by the County. The final payment will be due and payable by the County within thirty (30) days after any legalnotice periods have expired.

6.41 Warranty. (a) The Contractor and Contractor's sureties shall be responsible forthe work for a period of one (1) year following final acceptance to be free from defects inworkmanship and materials. Product warranties, as applicable, beyond the one (1) yearContractor warranty shall be secured in the name of the County of Maui and furnished to the

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County prior to final payment request.

(b) The performance and payment bond shall remain in force during the Contractor'swarranty period, or the Contractor may elect to withdraw the performance and payment bond anddeposit a replacement bond in an amount not less than ten percent (10%) of the final contractprice; provided that the Contractor and Contractor's sureties for the replacement bond shall beresponsible for any and all costs which exceed the replacement bond amount during the warrantyperiod.

(c) The Contractor and Contractor's sureties shall be responsible for the repair orreplacement, or both, of all defective work or materials.

(d) If the Contractor or Contractor's sureties fail to perform the responsibilities underthis subsection in a timely manner, the Officer-in-Charge may undertake or cause the undertakingof such work, and the Contractor and Contractor's sureties shall be responsible for all coststhereunder.

(e) If the work or any portion thereof fails, and the Officer-in-Charge determines thatthe public's safety, health, or welfare is jeopardized, the Officer-in-Charge may, with or withoutnotice to the Contractor or the Contractor's surety, undertake the repair or replacement work, andthe Contractor and Contractor’s sureties shall be responsible for all costs incurred by the County.

Section 7 - Compensation

7.1 Compensation. The Contractor shall be paid the amount stated in the contractless any reduction in compensation and plus any increase in compensation pursuant to thecontract change order and modification sections herein, as full compensation for the performanceof the services under the contract.

7.2 Compensation Retained. (a) The County may retain a portion of the amountdue under the contract to the Contractor to insure proper performance of the contract, providedthat the sum withheld shall not exceed five percent (5%) of the amount due the Contractor andthat after fifty percent (50%) of the contract is completed and progress is satisfactory, noadditional sum shall be withheld; provided further that if progress is not satisfactory, theProcurement Officer may continue to withhold as compensation retained sums not exceeding fivepercent (5%) of the amount due the Contractor; provided further that the compensation retainedshall not include sums deducted and withheld separately as liquidated damages from moneys dueor that may become due the Contractor under the contract.[§103-32.1(a), HRS]

(b) The retention amount withheld by the Contractor from its subcontractors shall bethe same percentage of compensation retained as that of the Contractor, provided that thesubcontractor has provided evidence to the Contractor of:

(1) A valid performance and payment bond for the project that is acceptable tothe Contractor and executed by a surety company authorized to do business in the State ofHawaii;

(2) Any other bond acceptable to the Contractor; or

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(3) Any other form of collateral acceptable to the Contractor.

This subsection shall also apply to the subcontractors who subcontract work to othersubcontractors. [§103-32.1(b), HRS]

(c) The County may enter into an agreement with the Contractor which will allow theContractor to withdraw from time to time the whole or any portion of the sum retained undersub-paragraph (a) upon depositing with the County any general obligation bond of the State or itspolitical subdivisions with a market value not less than the sum to be withdrawn; provided thatthe County may require that the total market value of such bond be greater than the sum to bewithdrawn. [§103-32.2, HRS]

7.3 Monthly Progress Payments. (a) The County shall pay the Contractor monthlyprogress payments based on the actual quantities of work done and the actual quantities ofmaterials delivered to and safely stored at a site approved by the County. The Contractor shallsubmit monthly progress payment request to the Officer-in-Charge no later than the fifth (5th) day of each month for work performed during the previous calendar month.

(b) Subject to the retainage provisions of subsection 7.2, Compensation Retained, theCounty shall pay the Contractor an amount equal to the value of the completed and installedportion of the work for which the Contractor certifies has not previously been paid. The Countyshall also pay the Contractor for seventy-five percent (75%) of the value of materials furnished, delivered and stored in an approved manner, provided that:

(1) A copy of the paid receipts for the stored materials must be submitted withthe pay estimate;

(2) Fire and Standard Extended Coverage Insurance is required if payment forstored materials is requested; and

(3) Payment for perishable stored materials, such as live plants and similarmaterials, will not be allowed.

(c) The Officer-in-Charge may decline to process a progress payment request if thetotal value of the work done since last estimate is less than $1,000.

(d) Monthly progress payments may be subject to compensation retained.

7.4 Death or Disability of Contractor. In the case of an individual Contractor, if theContractor dies or becomes physically or mentally disabled, the Contractor or the Contractor'sestate shall be compensated in the same proportion of the compensation under the contract as theservices performed bear to the services to be performed under the contract.

7.5 Campaign Contributions Prohibited. It is understood and agreed by the Partiesthat no portion of the Contractor's compensation to be paid under the terms of the contract shallbe used as a campaign contribution.

7.6 Authority to Withhold Money Due or Payable. The Procurement Officer maywithhold such amounts from the money due or to become payable under the contract to theContractor, or any assignee thereof, as may be necessary to protect the County against liability, to

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satisfy the obligations of the Contractor to the County, employees, subcontractors and materialmen who have performed labor or furnished material and equipment under the contract, or tosatisfy any outstanding debts owed to the County by the Contractor and may make such paymentsfrom such amounts as may be necessary to discharge such obligations, satisfy County debts andprotect the County.

7.7 Final Payment - Final Acceptance. (a) Final payment will be made only afterthe issuance of a notice of final approval and acceptance by the Officer-in-Charge advising theContractor of the satisfactory fulfillment of the terms of the contract, provided that the Directorof Finance has determined that the Contractor has fully satisfied all outstanding debts to theCounty. Acceptance by the Contractor of the final payment shall constitute payment in full forall services performed under the contract.

(b) Upon completion and acceptance of the work under the contract, the County shallpay the Contractor the balance due after deducting previous payments and amounts to be retainedor deducted according to the contract.

(c) The County shall not make final payment until the following is received:

(1) Written consent of the Contractor's sureties on the Contractor's bonds;

(2) Tax clearance certificate from the State Director of Taxation stating thatall delinquent taxes levied or accrued against the Contractor have been paid. The taxclearance for final payment shall be an original certificate with a green certified copystamp, not over two (2) months old, with box 3a of the application completed for aspecific job number, and indicating tax clearances from the Hawaii State Department ofTaxation and the Internal Revenue Service on Tax Clearance Application A-6;

(3) An affidavit stating that payment due to all subcontractors and all persons,companies, corporations for labor, tools, materials, and equipment used in the prosecutionof the work under the contract have been paid or have been satisfactorily secured; and

(4) A "Certification of Compliance for Final Payment" (SPO Form-22).

Section 8 - Contract Amendments/Change Orders

8.1 Change Order. In accordance with sections 103D-202, HRS and 3-125-4, HAR,the Procurement Officer, at any time, and without notice to any surety, in a signed writingdesignated or indicated to be a change order, may make changes in the work within the scope ofthe contract as may be found to be necessary or desirable. Such changes shall not invalidate thecontract or release the sureties, 0and the Contractor shall perform the work as changed, as thoughit had been part of the original contract. Minor changes in the work may be directed by theProcurement Officer with no change in contract price or time of performance.

8.2 Adjustments of Price or Time for Performance. In accordance with section 3-125-4, HAR, if any change order increases or decreases the Contractor's cost of, or the timerequired for performance of any part of the work under the contract, whether or not changed bythe order, an adjustment may be made and the contract modified in writing accordingly.

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(a) Any adjustment in contract price shall be determined in accordance with Section11-Price Adjustment Clause.

(b) Failure of the parties to agree to an adjustment in time shall not excuse aContractor from proceeding with the contract as changed, provided that the Procurement Officer,within fourteen (14) days after the changed work commences, makes such provisionaladjustments in time as the Procurement Officer deems reasonable.

(c) The right of the Contractor to dispute the contract price or time required forperformance or both shall not be waived by its performing the work, provided however, that itfollows written notice requirements for disputes and claims established by the contract.

(d) The County may choose to formalize a change to the scope of work or contracttime by a contract amendment.

8.3 Time Period for Claim. Within thirty (30) days after receipt of a written changeorder under paragraph 8.1, unless such period is extended by the Procurement Officer in writing,the Contractor shall file a notice of intent to assert claim for an adjustment. The requirement fortimely written notice cannot be waived and shall be a condition precedent to the assertion of aclaim.

8.4 Claim Barred After Final Payment. No claim by the Contractor for an adjustmenthereunder shall be allowed if written notice is not given prior to final payment under the contract.

8.5 Other Claims Not Barred. In the absence of such a change order, nothing in thissection shall restrict the Contractor's right to pursue a claim arising under the contract or forbreach of contract.

Section 9 - Stop Work Orders

9.1 Suspension of Work. The Procurement Officer may, by written order, suspendthe performance of the work, either in whole or in part for periods as the Procurement Officermay deem necessary for any cause, including but not limited to:

(a) Weather or soil conditions considered unsuitable for prosecution of the work;

(b) Failure on the part of the Contractor to:

(1) Correct conditions unsafe for the general public or for the workers;

(2) Carry out orders given by the Procurement Officer;

(3) Perform the work in strict compliance with the provisions of the contract;or

(4) Provide adequate supervision on the job site.

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(c) Whenever a redesign that may affect the work is deemed necessary by theProcurement Officer;

(d) Unacceptable noise or dust arising from the construction even if it does not violateany law or regulation; or

(e) The convenience of the County.

9.2 Partial and Total Suspension. Suspension of work on some but not all items ofwork shall be considered a "partial suspension". Suspension of work on all items shall beconsidered "total suspension". The period of suspension shall be computed from the date set outin the written order for work to cease until the date of the order for work to resume.

9.3 Reimbursement to Contractor. In the event that the Contractor is ordered by theProcurement Officer in writing as provided herein to suspend all work under the contract inaccordance with paragraph (c), (d), or (e) of subsection 9.1, Suspension of Work, the Contractormay be reimbursed for actual money expended towards the project during the period ofsuspension. No allowance will be made for anticipated profits.

9.4 Cost Adjustment. If the performance of all or part of the work is suspended forreasons beyond the control of the Contractor, an adjustment shall be made for any increase in thecost of performance of the contract (excluding profit) necessarily caused by such suspension, andthe contract modified in writing accordingly. However, no adjustment shall be made under thisclause for any suspension:

(a) To the extent that performance would have been so suspended, delayed, orinterrupted by any other cause, including the fault or negligence of the Contractor; or

(b) For which an adjustment is provided for or excluded under any other provision ofthe contract.

9.5 Claims For Adjustment. Any adjustment in contract price made pursuant to thisclause shall be determined in accordance with the provisions on changes and claims foradjustment. Claims for compensation shall be filed in writing with the Procurement Officerwithin thirty (30) days after the date of the order to resume work or the claims will not beconsidered. Together with the claim, the Contractor shall submit substantiating documentscovering the entire amount shown on the claim. The Procurement Officer shall take the claimunder consideration, may make such investigations as are deemed necessary, and shall be the solejudge as to the equitable nature of the claim. The Procurement Officer's decision shall be final.

9.6 No Adjustment. No provision of this section shall entitle the Contractor to anyadjustments for delays due to failure of surety, suspensions made at the request of the Contractor,any delay required under the contract, or suspensions, either partial or whole, made by theProcurement Officer under paragraph (b) of subsection 9.1, Suspension of Work.

Section 10 - Variations in Estimated Quantities

10.1 Variations Requiring Adjustments. Where the estimated quantity of a pay item

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in the contract is an estimated quantity and where the actual quantity of such pay item varies bymore than fifteen percent (15%) above or below the estimated quantity in the contract, anadjustment in the contract price shall be made upon demand of either party. The adjustment shallbe based upon any increase or decrease in costs due solely to the variation above one hundredfifteen percent (115%) or below eighty five percent (85%) of the estimated quantity. If thequantity variation is such as to cause an increase in the time necessary for completion, theProcurement Officer shall, upon receipt of a timely written request for an extension of time, priorto final payment of the contract, ascertain the facts and make such adjustment for extending thecompletion date as in the judgment of the Procurement Officer the findings justify.

10.2 Adjustment of Price. Any adjustment in contract price shall be determined inaccordance with Section 11 - Price Adjustment Clause.

Section 11 - Price Adjustment Clause

11.1 Price Adjustment. Any adjustment in contract price pursuant to a clause in thecontract shall be made in one or more of the following ways:

(a) By agreement on a fixed price adjustment before commencement of the pertinentperformance;

(b) By unit prices specified in the contract or subsequently agreed upon beforecommencement of the pertinent performance;

(c) By the costs attributable to the events or situations under such clauses withadjustment of profit or fee, all as specified in the contract or subsequently agreed upon beforecommencement of the pertinent performance;

(d) In any other manner as the parties may mutually agree upon beforecommencement of the pertinent performance; or

(e) In the absence of agreement between the Parties, the provisions of section 103D-501(b)(5), HRS shall apply.

11.2 Submission of cost or pricing data. The contractor shall be required to submitcost or pricing data if any adjustment in contract price is subject to the provisions of section103D-312, HRS (Cost or pricing data), as amended. The submission of any cost or pricing shallbe made subject to the provisions of subchapter 15, chapter 3-122, HAR. A fully executedchange order or other document permitting billing for the adjustment in price under any methodlisted in paragraphs 11.1(a) through 11.1(d) shall be issued within ten days after agreement onthe method of adjustment.

11.3 Determining Adjustments in Price. (a) In determining the adjustment in price tothe County resulting from a change, the allowances for all overhead, extended overhead resultingfrom adjustments to contact time (including home office and branch office overhead) and profitcombined shall not exceed the percentages set forth below:

(a) For the Contractor, for any work performed by its own forces, twenty percent

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(20%) of the cost;

(b) For each subcontractor, for any work performed by its own forces, twenty percent(20%) of the cost;

(c) For the Contractor or any subcontractor, for work performed by theirsubcontractors, ten percent (10%) of the amount due the performing subcontractor.

In no event shall overhead and profit exceed a total of twenty percent (20%) of directcosts, regardless of the number of tier subcontractors.

(a) The Contractor may add up to one percent (1%) of direct costs for bonds.

(b) If the bid contains lump sum items, the Officer-in-Charge may delete the lumpsum item, which shall be deducted from the contract price based on the bid price of the lump sumitem.

(c) If the bid contains unit price items, the Officer-in-Charge may increase ordecrease the quantities of such items, or delete such items in their entirety. If quantities areincreased, the Contractor shall perform such work at the unit price bids for such items. Ifquantities are decreased or such unit price items are deleted in their entirety, the deductions fromthe contract price shall be based on the unit price bids for such items.

11.4 Change Order Work by Force Account. (a) Compensation for change work byforce account (time and expenses basis) shall be an amount equal to the sum of the followingitems:

(1) The cost to the Contractor of all material delivered for the change orderwork evidenced by bills or vouchers;

(2) The cost of all labor including foremen, except general superintendence,necessary to incorporate the above material in the change work or to finish the changeorder if no material are required, to be determined from the Contractor's payrolls or byinspections performed by the inspectors, or both;

(3) Ten percent (10%) of the amount from sub-paragraph (2), which shall beconsidered as covering the cost of superintendence, hand tools, and clerical work inconnection with the change order work and the Contractor's overhead costs;

(4) A rental charge for the use of all construction equipment approved by theOfficer-in-Charge. The rental rates shall be agreed upon by the Contractor and theOfficer-in-Charge, and may or may not, include the cost of fuel oil, gasoline, electricenergy, lubricating oil, repairs, and maintenance. The Contractor shall submit a proposedschedule of equipment rental charges to the Officer-in-Charge for approval prior toentering into a change order. The cost of small tools shall not be included;

(5) The cost of workers' compensation insurance and public liabilitypremiums, unemployment tax, social security tax, or other taxes on the labor for sub-paragraph (2);

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(6) Fifteen percent (15%) of the sums of sub-paragraphs (1) through (4),which shall be considered as covering all other expenses and profit;

(7) Where force account work is performed by a subcontractor, the Contractormay add five percent (5%) to the subcontractor's computed compensation to cover itsoverhead and profit, provided that overhead and profit shall be limited to a total of twentypercent (20%) of direct costs;

(8) One percent (1%) of direct costs for paragraphs (1) through (7) for bonds. The addition for bond cost is applicable only to the Contractor's compensation; and

(9) The cost of state excise tax on the sum of paragraphs (1) through (8).

(b) The performance of change order work on a force account basis shall be under thesupervision of the Officer-in-Charge, and the Officer-in-Charge's decision shall be final. Themethod of performing such work, the equipment to be used, and the amount and character oflabor to be employed shall meet with the approval of the Officer-in-Charge. The force accountformula may also apply to deleted work.

(c) Whenever the Contractor is directed to perform extra work on a time and expensebasis, the Contractor will maintain accurate records. Each day a record of labor, materials andequipment costs shall be submitted to the Officer-in-Charge for verification. These records shallreflect the actual and necessary expenses pertaining to the extra work and shall be available foraudit. Audits conducted under this provision shall be in accordance with generally acceptableauditing standards and established procedures and guidelines of the reviewing or auditingagencies.

11.5 Materials Ordered. If the Officer-in-Charge deletes any item, or decreases thequantity of any item in the bid, and the Contractor has already ordered materials involved in suchdeletions or decreases, the Contractor shall make every effort to return the materials if requestedby the Officer-in-Charge. If the materials are returnable, the County shall pay the actual costsincurred to the Contractor to return the materials evidenced by receipt or invoice. If the materialscannot be returned, the County shall pay the actual cost to the Contractor of the materialsevidenced by receipt or invoice; provided that the materials are free from defect upon inspectionand acceptance by the County. Materials ordered prior to the issuance of the Notice to Proceedshall be the Contractor's responsibility and the County will not make payment for such materials.

11.6 Work by County. If additional work is required to complete the contract, theCounty reserves the right to (1) perform the additional work itself; and (2) employ anothercontractor to perform the work. The Contractor shall fully cooperate with the County to schedulethe completion of the additional work.

Section 12 - Differing Site Conditions

12.1 Notification. The Contractor shall promptly, and before such conditions aredisturbed, notify the Procurement Officer of:

(a) Subsurface or latent physical conditions at the site differing materially from those

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indicated in the contract; or

(b) Unknown physical conditions at the site, of an unusual nature, differing materiallyfrom those ordinarily encountered and generally recognized as inherent in work of the characterprovided for in the contract.

12.2 Adjustments of Price or Time for Performance. After receipt of the notice, theProcurement Officer shall promptly investigate the site, and if it is found that the conditions domaterially so differ and cause an increase in the Contractor's cost of, or the time required for,performance of any part of the work under the contract, whether or not changed as a result of theconditions, an adjustment shall be made and the contract modified in writing accordingly. Anyadjustment in contract price made pursuant to this section shall be determined in accordance withSection 11 - Price Adjustment Clause.

12.3 Timeliness of Claim. No claim of the Contractor under this section shall be allowedunless the Contractor has given the notice required in this section; provided, however, that thetime prescribed therefore may be extended by the Procurement Officer in writing.

12.4 No Claim After Final Payment. No claim by the Contractor for an adjustmentthereunder shall be allowed if asserted after final payment under the contract.

12.5 Knowledge. Nothing contained in this section shall be grounds for an adjustmentin compensation if the Contractor had actual knowledge of the existence of such conditions priorto the submission of bids.

Section 13 - Novation or Change of Name

13.1 No Assignment. No County contract is transferable, or otherwise assignable,without the written consent of the Procurement Officer. A Contractor may assign moniesreceivable under a contract with written consent of the Procurement Officer.

13.2 Recognition of a Successor in Interest; Assignment. When in the best interestof the County, a successor in interest may be recognized in an assignment agreement in which thetransferor, the transferee and the County shall agree that:

(a) The transferee assumes all of the transferor's obligations;

(b) The transferor remains liable for all obligations under the contract but waives allrights under the contract as against the County; and

(c) The transferor shall continue to furnish, and the transferee shall also furnish, allrequired bonds.

13.3 Change of Name. When a Contractor requests to change the name in which itholds a contract with the County, the Procurement Officer shall, upon receipt of a documentindicating such change of name (for example, an amendment to the articles of incorporation ofthe corporation), enter into a novation agreement with the requesting Contractor to effect such achange of name. The agreement changing the name shall specifically indicate that no other terms

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and conditions of the contract are thereby changed.

Section 14 - Claims Based on Oral Directives

14.1 Notice Required. Any oral order, direction, instruction, interpretation, ordetermination from the Procurement Officer which, in the opinion of the Contractor, causes anychange, can be considered as a change only if the Contractor gives the Procurement Officerwritten notice of its intent to treat the oral order, direction, instruction, interpretation, ordetermination as a change directive. The written notice must be delivered to the ProcurementOfficer before the Contractor acts in conformity with the oral order, direction, instruction,interpretation, or determination, but not more than five (5) days after delivery of the oral order tothe Contractor. The written notice shall state the date, circumstances, whether a time extensionwill be requested, and source of the order that the Contractor regards as a change. The writtennotice may not be waived and shall be a condition precedent to the filing of a claim by theContractor. Unless the Contractor acts in accordance with this procedure, any oral order shall notbe treated as a change and the Contractor waives any claim for an increase in the contract time orcontract price related to the work.

14.2 Change Order Issued. Not more than five (5) working days after receipt of thewritten notice from the Contractor, the Procurement Officer shall issue a change order for thesubject work if the Procurement Officer agrees that it constitutes a change. If no change order isissued in the time established, it shall be deemed a rejection of the Contractor's claim for achange. If the Contractor objects to the Procurement Officer's refusal to issue a change order, itshall file a written protest with the Procurement Officer within thirty (30) days after delivery tothe Procurement Officer of the Contractor’s written notice of its intention to treat the oral orderas a change. In all cases the Contractor shall proceed with the work. The protest shall bedetermined as provided in section 17 - Remedies.

Section 15 - Default, Delay, and Time Extensions

15.1 Default. If the Contractor refuses or fails to perform the work, or any separablepart thereof, with such diligence as will assure its completion within the time specified in thecontract, or any extension thereof, fails to complete the work within such time, or commits anyother substantial breach of the contract, and further fails within seven (7) days after receipt ofwritten notice from the Procurement Officer to commence and continue correction of the refusalor failure with diligence and promptness, the Procurement Officer may, by written notice to theContractor, declare the Contractor in breach and terminate the Contractor's right to proceed withthe work or the part of the work as to which there has been delay or other breach of contract. Inthat event, the County may take over the work and perform the same to completion, by contractor otherwise, and may take possession of, and utilize in completing the work, the materials,appliances, and plant as may be on the site of the work and necessary therefor. Whether or notthe Contractor's right to proceed with the work is terminated, the Contractor and the Contractor’ssureties shall be liable for any damage to the County resulting from the Contractor’s refusal orfailure to complete the work within the specified time.

15.2 Liquidated Damages Upon Termination. If fixed and agreed liquidateddamages are provided in the contract, and if the County so terminates the Contractor's right to

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proceed, the resulting damage will consist of the liquidated damages for the time as may berequired for final completion of the work.

15.3 Liquidated Damages in Absence of Termination. If fixed and agreed liquidateddamages are provided in the contract, and if the County does not terminate the Contractor's rightto proceed, the resulting damage will consist of liquidated damages accumulated until the work iscompleted or accepted.

15.4 Time Extension. The Contractor's right to proceed shall not be so terminated norshall the Contractor be charged with resulting damage if:

(a) The delay in the completion of the work arises from causes such as: acts of God;acts of the public enemy; acts of the State and any other governmental entity in either a sovereignor contractual capacity; acts of another Contractor in the performance of a contract with theCounty; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freightembargoes; unusually severe weather; delays of subcontractors due to causes similar to those setforth above; or shortage of materials; provided, however, that no extension of time will begranted for a delay caused by a shortage of materials, unless the Contractor furnishes to theProcurement Officer proof that the Contractor has diligently made every effort to obtain thematerials from all known sources, and further proof that the inability to obtain the materials whenoriginally planned did in fact cause a delay in final completion of the entire work which couldnot be compensated for by revising the sequence of the Contractor’s operations; and

(b) The Contractor, within ten (10) days from the beginning of the delay (unless theProcurement Officer grants a further period of time before the date of final payment under thecontract), notifies the Procurement Officer in writing of the causes of delay. The ProcurementOfficer shall ascertain the facts and the extent of the delay and extend the time for completing thework when, in the judgment of the Procurement Officer, the findings of fact justify such anextension.

15.5 Additional Rights and Remedies. The rights and remedies of the Countyprovided in the contract are in addition to any other rights and remedies provided by law.

Section 16 - Termination for Convenience

16.1 Terminations. The Procurement Officer may, when the interests of the County sorequire, terminate the contract in whole or in part, for the convenience of the County. TheProcurement Officer shall give written notice of the termination to the Contractor specifying thepart of the contract terminated and when termination becomes effective.

16.2 Contractor's Obligations. The Contractor shall incur no further obligations inconnection with the terminated work, and on the date set in the notice of termination theContractor will stop work to the extent specified. The Contractor shall also terminate outstandingorders and subcontracts as they relate to the terminated work. The Contractor shall settle theliabilities and claims arising out of the termination of subcontracts and orders connected with theterminated work subject to the County's approval. The Procurement Officer may direct theContractor to assign the Contractor’s right, title, and interest under terminated orders orsubcontracts to the County. The Contractor must still complete the work not terminated by the

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notice of termination and may incur obligations as necessary to do so.

16.3 Right to Construction and Goods. The Procurement Officer may require theContractor to transfer title and deliver to the County in the manner and to the extent directed bythe Procurement Officer:

(a) Any completed constructions; and

(b) The partially completed construction, goods, materials, parts, tools, dies, jigs,fixtures, plans, drawings, information, and contract rights (hereinafter called "constructionmaterial") as the Contractor has specifically produced or specially acquired for the performanceof the terminated part of the contract. The Contractor shall protect and preserve property in thepossession of the Contractor in which the County has an interest. If the Procurement Officer doesnot exercise this right, the Contractor shall use the Contractor's best efforts to sell theconstruction, goods, and construction materials in accordance with the standards of section490:2-706, HRS. This in no way implies that the County has breached the contract by exercise ofthe termination for convenience clause.

16.4 Compensation. (a) The Contractor shall submit a termination claim specifyingthe amounts due because of the termination for convenience together with cost or pricing data,submitted to the extent required by sub-chapter 15, chapter 3-122, HAR, bearing on such claim.If the Contractor fails to file a termination claim within one year from the effective date oftermination, the Procurement Officer may pay the Contractor, if at all, an amount set inaccordance with clause (2) of paragraph (c).

(b) The Procurement Officer and the Contractor may agree to a settlement providedthe Contractor has filed a termination claim supported by cost or pricing data submitted asrequired and that the settlement does not exceed the total contract price plus settlement costsreduced by payments previously made by the County, the proceeds of any sales of construction,goods, and construction materials under clause (3) of paragraph (c), and the contract price of thework not terminated.

(c) Absent complete agreement under paragraph (b), the Procurement Officer shallpay the Contractor the following amounts, provided payments under paragraph (b) shall notduplicate payments under this paragraph, for the total (without duplication of any items) of:

(1) The cost of all contract work performed prior to the effective date of thenotice of termination plus a five per cent (5%) markup on actual direct costs on theportion of the work (the markup shall not include anticipatory profit or consequentialdamages) less amounts paid or to be paid for completed portions of the work; provided,however, that if it appears that the Contractor would have sustained a loss if the entirecontract would have been completed, no markup shall be allowed or included and theamount of compensation shall be reduced to reflect the anticipated rate of loss;

(2) Subject to the prior approval of the Procurement Officer, the costs ofsettling and paying claims arising out of the termination of subcontracts or orderspursuant to the "Contractor's obligations" provisions of the contract. Subcontractors shallbe entitled to a markup of no more than ten per cent (10%) on direct costs incurred to thedate of termination. These costs must not include costs paid in accordance with clause

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(1);

(3) The total sum to be paid the Contractor under this paragraph shall notexceed the total contract price reduced by the amount of any sales of construction, goods,and construction materials under subsection 16.3, Right to Construction and Goods, andthe contract price of work not terminated.

(d) Cost claimed, agreed to, or established under paragraphs (b) and (c) shallbe in accordance with chapter 3-123, HAR.

Section 17 - Remedies

17.1 General. Any dispute arising under or out of the contract is subject to chapter 3-126, HAR.

17.2 Disputes. (a) All controversies between the County and the Contractor whicharise under, or are by virtue of, the Contract and which are not resolved by mutual agreementshall be decided by the Procurement Officer in writing, within ninety calendar days after awritten request by the Contractor for a final decision concerning the controversy; provided that ifthe Procurement Officer does not issue a written decision within ninety calendar days afterwritten request for a final decision, or within such longer period as may be agreed upon by theParties, then the Contractor may proceed as if an adverse decision had been received.

(b) The Procurement Officer shall immediately furnish a copy of the decision to theContractor, by certified mail, return receipt requested, or by any other method that providesevidence of receipt.

(c) Any such decision shall be final and conclusive, unless fraudulent, or unless theContractor brings an action seeking judicial review of the decision in the Circuit Court of theSecond Circuit, State of Hawaii, County of Maui, within the six months from the date of receiptof the decision.

(d) The Contractor shall comply with any decision of the Procurement Officer andproceed diligently with performance of the contract pending final resolution by the Circuit Courtof the Second Circuit, State of Hawaii, County of Maui, of any controversy arising under, or byvirtue of, the contract, except where there has been a material breach of contract by the County;provided that in any event the Contractor shall proceed diligently with the performance of thecontract where the Procurement Officer has made a written determination that work under thecontract is essential to the public health and safety.

Section 18 - Miscellaneous Provisions

18.1 Severability. If any provision of the contract is held invalid, the other provisions ofthe contract shall not be affected thereby. If the application of the contract or any of itsprovisions as to any person or circumstance is held invalid, the application of the contract and itsprovisions as to other persons or circumstances shall not be affected thereby.

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18.2 Entire Agreement. The contract contains the complete agreement concerning thesubject arrangement between the Parties and shall, as of the effective date hereof, supersede allother agreements between the Parties. The Parties stipulate that neither has made anyrepresentations with respect to the subject matter, execution and delivery of the contract exceptas such representations are specifically set forth herein. Each party acknowledges that the partyhas relied on the party's own judgment in entering into the contract. The Parties furtheracknowledge that any payments or representations that may have previously been made by eitherof them to the other are of no effect and that neither has relied thereon in connection with itsdealing with the other.

18.3 Notices. (a) Any written notice required to be given by a party to the contract shallbe:

(1) delivered personally to the Contractor's designated representative on theproject site, or

(2) sent by United States first class mail, postage prepaid to the party's addresslisted in the contract.

(b) A notice shall be deemed to have been received three (3) days after mailing or atthe time of actual receipt, whichever is earlier. The Contractor shall notify the County in writingof any change of address. The Contractor shall maintain a post office address within the Countyof Maui and file the same with the Officer-in-Charge prior to or with the execution of thecontract. All notices addressed in compliance with the directions of the Contractor and properlymailed shall be effective when mailed, or delivered by any of the above methods.

18.4 Assistance of Legal Counsel. The Parties have carefully read and fully understandall of the provisions and effects of the contract. The Parties shall consult with their respectivecounsel if any provision of the contract is not fully understood. The Parties are voluntarilyentering into the contract and neither Party has made representations concerning the terms oreffects of the contract other than those contained herein.

18.5 Applicable Law and Venue. The contract shall be governed by the laws of theState of Hawaii. Any action or court proceeding which may arise from the contract shall beheard in the Circuit Court of the Second Circuit, State of Hawaii, County of Maui.

[END OF GENERAL TERMS AND CONDITIONS]

46 General Terms and Conditions(Rev. 11/8/2017)

CONTRACT NO. WC1005

CONTRACT NO. C//

PERFORMANCE BOND WITH SURETY

BOND NO.

KNOW TO ALL BY THESE PRESENTS:

That , as Contractor, hereinafter called "Principal," and

,

as surety, hereinafter called "Surety," a corporation authorized to transact business as a surety in

the State of Hawaii, are held and firmly bound unto the COUNTY OF MAUI, a political

subdivision of the State of Hawaii, Wailuku, Maui, Hawaii, its successors and assigns,

hereinafter called "Obligee," in the amount of $// as performance bond, (being $// in the amount

of one hundred percent of the contract price as required by section 103D-324, Hawaii Revised

Statutes), lawful money of the United States, for the payment of which to the said Obligee, well

and truly made, Principal and Surety bind ourselves, our heirs, executors, administrators,

successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above-bound Principal has signed a Contract with Obligee dated

___________________, for the following project: //, Job No. //, hereinafter called "Contract,"

which Contract is incorporated herein by reference and made a part hereof.

NOW THEREFORE, the condition of this obligation is such that:

If the Principal shall promptly and faithfully perform, and fully complete the Contract in

strict accordance with the terms of the Contract as said Contract may be modified or amended

from time to time; then this obligation shall be void; otherwise to remain in full force and effect.

Surety to this bond hereby stipulates and agrees that no changes, extensions of time,

alterations, or additions to the terms of the Contract, including the work to be performed

thereunder, and the specifications or drawings accompanying same, shall in any way affect its

obligation on this bond, and it does hereby waive notice of any such changes, extensions of time,

(Rev. 3/11/2015) Performance Bond with Surety

SAMPLE

CONTRACT NO. C//

alterations, or additions, and agrees that they shall become part of the Contract.

In the event of Default by the Principal, of the obligations under the Contract, then after

written Notice of Default from the Obligee to the Surety and the Principal and subject to the

limitation of the penal sum of this bond, Surety shall remedy the Default, or take over the work

to be performed under the Contract and complete such work, or pay moneys to the Obligee in

satisfaction of the surety's performance obligation on this bond.

Signed this day of , 20 .

[EXECUTION PAGES TO FOLLOW]

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

2(Rev. 3/11/2015) Performance Bond with Surety

SAMPLE

CONTRACT NO. C//

PRINCIPAL:

//

By (Signature)

(Print Name)

Its (Title)

Date

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

3(Rev. 3/11/2015) Performance Bond with Surety

SAMPLE

CONTRACT NO. C//

STATE OF )) SS.

)

On this _____ day of ___________, 20___, before me personally appeared___________________________, to me personally known, who, being by me duly sworn oraffirmed, did say that such person executed the foregoing instrument as the free act and deed ofsuch person, and if applicable, in the capacity shown, having been duly authorized to executesuch instrument in such capacity.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

[Stamp or Seal] Notary Public, State of

Print Name:

My commission expires:

NOTARY PUBLIC CERTIFICATION

Doc. Date: # Pages:

Notary Name: JudicialCircuit:

Doc.Description:

[Stamp or Seal]

NotarySignature:

Date:

4(Rev. 3/11/2015) Performance Bond with Surety

SAMPLE

CONTRACT NO. C//

SURETY:

By (Signature)

(Print Name)

Its (Title)

Date

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

5(Rev. 3/11/2015) Performance Bond with Surety

SAMPLE

CONTRACT NO. C//

STATE OF )) SS.

)

On this _____ day of ___________, 20___, before me personally appeared___________________________, to me personally known, who, being by me duly sworn oraffirmed, did say that such person executed the foregoing instrument as the free act and deed ofsuch person, and if applicable, in the capacity shown, having been duly authorized to executesuch instrument in such capacity.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

[Stamp or Seal] Notary Public, State of

Print Name:

My commission expires:

NOTARY PUBLIC CERTIFICATION

Doc. Date: # Pages:

Notary Name: JudicialCircuit:

Doc.Description:

[Stamp or Seal]

NotarySignature:

Date:

6(Rev. 3/11/2015) Performance Bond with Surety

SAMPLE

CONTRACT NO. C//

PAYMENT BOND WITH SURETY

BOND NO.

KNOW TO ALL BY THESE PRESENTS:

That , as Contractor, hereinafter called "Principal," and

,

as surety, hereinafter called "Surety," a corporation authorized to transact business as a surety in

the State of Hawaii, are held and firmly bound unto the COUNTY OF MAUI, a political

subdivision of the State of Hawaii, Wailuku, Hawaii, its successors and assigns, as Obligee,

hereinafter called "Obligee," in the amount of $// as payment bond (being $// in the amount of

one hundred percent of the contract price as required by section 103D-324, Hawaii Revised

Statutes), lawful money of the United States of America, for the payment of which to the said

Obligee, well and truly to be made, Principal and Surety bind ourselves, our heirs, executors,

administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above-bound Principal has signed a Contract with the Obligee dated

__________________ for the following project: //, Job No. //, hereinafter called "Contract,"

which Contract is incorporated herein by reference and made a part hereof.

NOW THEREFORE, the condition of this obligation is such that if the Principal shall

promptly make payment to any Claimant, as hereinafter defined, for all labor and materials

supplied to the Principal for use in the performance of the Contract, then this obligation shall be

void; otherwise to remain in full force and effect.

1. Surety to this bond hereby stipulates and agrees that no changes, extensions of

time, alterations, or additions to the terms of the Contract, including the work to be performed

thereunder, and the specifications or drawings accompanying same, shall in any way affect its

obligation on this bond, and it does hereby waive notice of any such changes, extensions of time,

(Rev. 3/11/2015) Payment Bond with Surety

SAMPLE

CONTRACT NO. C//

alterations, or additions, and agrees that they shall become part of the Contract.

2. A "Claimant" shall be defined herein as any person who has furnished labor or

materials to the Principal for the work provided in the Contract.

Every Claimant who has not been paid amounts due for labor and materials furnished for

work provided in the Contract may institute an action against the Principal and its Surety on this

bond at the time and in the manner prescribed in Section 103D-324, Hawaii Revised Statutes,

and have the rights and claims adjudicated in the action, and judgment rendered thereon; subject

to the Obligee's priority on this bond. If the full amount of the liability of the Surety on this bond

is insufficient to pay the full amount of the claims, then after paying the full amount due the

Obligee, the remainder shall be distributed pro rata among the claimants.

Signed this day of , 20 ..

EXECUTION PAGES TO FOLLOW

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

2(Rev. 3/11/2015) Payment Bond with Surety

SAMPLE

CONTRACT NO. C//

PRINCIPAL:

//

By (Signature)

(Print Name)

Its (Title)

Date

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

3(Rev. 3/11/2015) Payment Bond with Surety

SAMPLE

CONTRACT NO. C//

STATE OF )) SS.

)

On this _____ day of ___________, 20___, before me personally appeared___________________________, to me personally known, who, being by me duly sworn oraffirmed, did say that such person executed the foregoing instrument as the free act and deed ofsuch person, and if applicable, in the capacity shown, having been duly authorized to executesuch instrument in such capacity.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

[Stamp or Seal] Notary Public, State of

Print Name:

My commission expires:

NOTARY PUBLIC CERTIFICATION

Doc. Date: # Pages:

Notary Name: JudicialCircuit:

Doc.Description:

[Stamp or Seal]

NotarySignature:

Date:

4(Rev. 3/11/2015) Payment Bond with Surety

SAMPLE

CONTRACT NO. C//

SURETY:

By (Signature)

(Print Name)

Its (Title)

Date

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

5(Rev. 3/11/2015) Payment Bond with Surety

SAMPLE

CONTRACT NO. C//

STATE OF )) SS.

)

On this _____ day of ___________, 20___, before me personally appeared___________________________, to me personally known, who, being by me duly sworn oraffirmed, did say that such person executed the foregoing instrument as the free act and deed ofsuch person, and if applicable, in the capacity shown, having been duly authorized to executesuch instrument in such capacity.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

[Stamp or Seal] Notary Public, State of

Print Name:

My commission expires:

NOTARY PUBLIC CERTIFICATION

Doc. Date: # Pages:

Notary Name: JudicialCircuit:

Doc.Description:

[Stamp or Seal]

NotarySignature:

Date:

6(Rev. 3/11/2015) Payment Bond with Surety

SAMPLE

CONTRACT NO. C//

CONTRACTOR'SSTANDARDS OF CONDUCT DECLARATION

For the purposes of this declaration:

"Substantial interest" means an interest in a business or other undertaking which issufficient in fact to control, whether the interest is greater or less than fifty per cent(50%).

"Employee" means any nominated, appointed, or elected officer or employee of theCounty, including members of boards, commissions, and committees, and employeesunder contract to the County, but excluding members of the County Council (“CountyCouncil Members”).

On behalf of //, Contractor, the undersigned does declare as follows:

1. Contractor G is G is not a County Council Member or an Employee or abusiness in which a County Council Member or an Employee has a substantialinterest.

2. Contractor has not been represented or assisted personally in the matter by anindividual who has been an Employee of the County department awarding thisContract within the preceding year and who participated while so employed in thematter with which the Contract is directly concerned.

3. Contractor has not been assisted or represented by a County Council Member orEmployee for a fee or other compensation to obtain this Contract and will not beassisted or represented by a County Council Member or Employee for a fee orother compensation in the performance of this Contract, if the County CouncilMember or Employee has been involved in the development or award of theContract.

4. Contractor has not been represented on matters related to this Contract, for a feeor other consideration by an individual who, within the past twelve (12) months,has been an Employee, or in the case of the County Council, a County CouncilMember, and participated while an Employee or a County Council Member onmatters related to this Contract.

____________________________*Reminder to agency: If the "is" block is checked and if the Contract involves goods or services of a value in excessof $500, the Contract may not be awarded unless the Contract is made after competitive bidding.

(Rev. 3/11/2015) Contractor's Standards of Conduct Declaration

CONTRACT NO. C//

Contractor understands that the Contract to which this document is attached is voidable on behalfof the County if this Contract was entered into in violation of any provision of Article 10 of theRevised Charter of the County of Maui (“Code of Ethics”), including the provisions which arethe source of the declarations above. Additionally, any fee, compensation, gift, or profit receivedby any person as a result of a violation of the Code of Ethics may be recovered by the County.

Contractor:

//

By (Signature)

(Print Name)

Its (Title)

Date

2(Rev. 3/11/2015) Contractor's Standards of Conduct Declaration

TECHNICAL SPECIFICATIONS

WAIHEE WELLS ELETRICAL UPGRADES Section 01170 – General Project Requirements DWS Job No. 19-01G Page 1 of 8

DIVISION 1

GENERAL REQUIREMENTS

SECTION 01170

GENERAL PROJECT REQUIREMENTS

PART 1 – GENERAL

1.1 PROJECT DESCRIPTION

The project involves furnishing all labor, tools, materials and equipment as specified in

the bid documents necessary to install a new medium voltage disconnect switch, dry

transformer, enclosed circuit breaker and relocation of a battery bank, and conduit, wiring,

all connections, and demolition as shown on the drawings, in place and complete.

1.2 REFERENCE SPECIFICATIONS

All Work shall conform to the following standard specifications, except as amended

herein or in the plans. Said standard specifications are not physically included, but are

hereby included by reference.

A. All applicable sections of the Water System Standards 2002, as amended.

B. All applicable sections of the 2005 Standard Specifications for Road and

Bridge Construction, State of Hawaii, as amended.

When reference is made to these standard specifications, the most recently adopted and

published edition of these specifications on the date of the notice to bidders shall apply

to this project, unless otherwise specified herein.

Paragraphs concerning Measurement and Payment in the above referenced standard

specifications are not applicable. Work on this project will be measured and paid for

under the appropriate lump sum or unit price bids in the Bid Proposal. Work for which

there is no proposal item shall be considered incidental to the various contract items and

will not be paid for separately.

The following additional definition shall apply:

“Owner” means the County of Maui, Department of Water Supply.

“Project Engineer” means the County of Maui, Department of Water Supply engineer

overseeing the construction of the project.

1.3 PRE-CONSTRUCTION MEETING

At least two (2) weeks following notice to proceed, the Contractor shall schedule a pre-

construction meeting with the Project Engineer. The Contractor shall provide written

notice at least one (1) week prior to meeting to all affected parties.

WAIHEE WELLS ELETRICAL UPGRADES Section 01170 – General Project Requirements DWS Job No. 19-01G Page 2 of 8

1.4 SITE ACCESS

The project is located at an unmanned facility that is locked with a security system in

place. Contractor shall coordinate access to the site with the Project Engineer.

1.5 RESPONSIBILITY FOR DAMAGE TO EXISTING FACILITIES

The Contractor shall comply with Section 301.10 – RESPONSIBILITY REGARDING

EXISTING UTILITES AND STRUCTURES and Section 301.15 – USE AND/OR

DAMAGE TO PRIVATE PROPERTY (PROPERTY OWNED OTHER THAN BY THE

CONTRACTOR) of the Water System Standards 2002.

The Contractor shall take necessary precautions to prevent damage to existing utilities,

structures and improvements, whether on the surface, above ground, or underground.

While the information on the plans have been compiled from the best available sources,

its completeness and accuracy is not guaranteed and is only presented as a guide to avoid

known possible difficulties.

Where any existing improvements intended to remain are damaged by the Contractor, the

Contractor shall promptly repair or replace the damaged portion at the Contractor’s

expense to the satisfaction of the governing agency and the Project Engineer.

If existing structures are encountered which prevent the continuation of the project and

which are not properly shown on the Plans, the Contractor shall notify the Project Engineer

before continuing with the construction so the Project Engineer may make such field

revisions as necessary to avoid conflict with the existing structures. If the Contractor fails

to notify the Project Engineer when an existing structure is encountered and proceeds with

the construction despite this interference, he does so at this own risk and at his own

expense.

1.6 SITE RESTORATION

The Contractor shall comply with Section 301.12 – CLEANING UP and Section 302.37

– RESTORING PAVEMENTS, DRIVEWAYS, SIDEWALKS, CURBS, GUTTERS,

FENCES, WALLS AND MISCELLANEOUS of the Water System Standards 2002.

At all times during the work, the Contractor shall keep the premises clean and orderly,

and upon completion of the work, leave the project free of rubbish or excess materials of

any kind. The Contractor shall protect stored materials, cultivated trees and crops, and

other items located adjacent to the project.

1.7 PERSONAL SUPERVISION

The Contractor shall be present in person, or by a responsible agent with authority to act

for the Contractor in connection with the Contract during the performance of the

Contract, at all times.

The Contractor shall file with the Project Engineer a written statement signed by the

Contractor giving the name or names, addresses and telephone numbers of any and all

foremen and employees who are authorized to act in place of the Contractor, and any

communications, signed in behalf of the Contractor by such agents shall bind the

Contractor. The Contractor shall be responsible for notifying the Project Engineer

WAIHEE WELLS ELETRICAL UPGRADES Section 01170 – General Project Requirements DWS Job No. 19-01G Page 3 of 8

immediately and in writing of any change in the name or names, addresses and

telephone numbers so submitted.

1.8 SAFETY AND FIRST AID

The Contractor shall comply with Section 301.06 – PROVISION FOR EMERGENCIES

and Section 301.07 - ACCIDENTS of the Water System Standards 2002.

The Contractor shall provide at the site such equipment and medical facilities as are

necessary to supply first aid service to anyone who may be injured in connection with

the work.

The Contractor shall promptly report to the Project Engineer in writing all accidents

whatsoever arising out of or in connection with the performance of the work whether on

or adjacent to the site which caused death, personal injury or property damage, giving

full details and statements from witnesses. In addition, if death or serious injuries or

serious damages are caused, the accident shall be reported immediately be telephone

or messenger to the Project Engineer and the Police Department.

If any claim is made by anyone against the Contractor or any subcontractor on account

of any accident, the Contractor shall promptly report the facts in writing to the Project

Engineer and pertinent insurance companies giving full details of the claim.

1.9 INSPECTION

The Contractor shall comply with Section 301.16 – INSPECTION of the Water System

Standards 2002.

The County may place inspectors on the project. They shall have free access to inspect

any and all portions of the project at all times and shall be afforded all means to inspect

the materials furnished and work performed on the project. No defective or

noncomplying material or workmanship will be considered as accepted as a

consequence of the failure of the inspectors to discover or to point out said defects or

deficiencies during the construction, nor will the presence of inspectors on the project

relieve the Contractor from responsibility for securing the quality and progress of work

required by the Contract.

The inspectors may not alter or waive the provisions of the Contract, issue instructions

contrary to the Contract, or act as foreman for the Contractor. The inspectors shall be

free to perform their duties at all times and any intimidation to any inspector by the

Contractor, his agents or employees, shall be sufficient reason for the County to

terminate the Contract.

If the Contractor wishes to work at such time of the day which is during the period other

than the regular business hours of the County, or on a Saturday, Sunday, or legal

State/County holiday, the Contractor shall submit a written request to the Project

Engineer for inspection services during such period. If such a request is made and

granted, the Contractor shall notify the Project Engineer not less than forty-eight (48)

hours in advance of the time when such inspection services are required. The

Contractor shall pay the rate per hour designated by the Department for each inspector

by providing a deposit of legal tender or certified check in an amount established by the

WAIHEE WELLS ELETRICAL UPGRADES Section 01170 – General Project Requirements DWS Job No. 19-01G Page 4 of 8

Department to be the cost incurred. The Contractor shall be refunded any unused

portion of the deposit or be responsible for additional payment based on actual cost

incurred by the Department for the additional inspection. The Project Engineer may

reject the request for additional inspection services, if inspectors are not available during

the period the Contractor is planning to work.

1.10 PERMITS

The Contractor shall be responsible for obtaining all necessary permits for the

performance of the Contract. Permits shall be considered incidental to the Work.

1.11 MATERIALS AND PERFORMANCE TESTING

The Contractor shall comply with Section 301.04 – QUALITY OF MATERIALS FOR

CONSTRUCTION of the Water System Standards 2002.

All material and performance testing required by these specifications and/or as directed

by the Project Engineer shall be the responsibility of the Contractor. Certification from

the manufacturer indicating that the materials furnished meets the requirements

established in these specifications is required to be furnished by the Contractor to the

Project Engineer and any tests called for by the Project Engineer is only to re-verify the

manufacturer’s certification.

1.12 STORAGE AND HANDLING OF MATERIALS

The Contractor is responsible for receiving, handling, transporting, and storing of

materials. The Contractor shall make arrangement to obtain a site for storage of

materials and shall obtain the approval of the Project Engineer as to the location and

nature of the site.

All materials for the project shall be stored off the ground under protective cover and

protected from physical and chemical damage. When placed in the work, all materials

shall be free from dirt, dust, rust, oil, or other foreign substances.

1.13 INCIDENTAL COSTS

Payment for items of work called for tin the Bid Documents for which payment is not

specified in the Bid Proposal shall be considered incidental to the various items in the

Bid Proposal and no additional compensation shall be made to the Contractor.

1.14 DISCREPANCIES

The Contractor shall comply with the General Terms and Conditions of the contract. A

copy of the General Terms and Conditions are included in a previous section of this

specification.

In resolving discrepancies and/or inconsistencies among two or more specifications or

among plans and specifications, the strictest shall govern.

Should there be a discrepancy between the Bid Proposal and the other parts of the

Contract or the basis of payment outlined in the Water System Standards 2002, the Bid

Proposal shall govern.

WAIHEE WELLS ELETRICAL UPGRADES Section 01170 – General Project Requirements DWS Job No. 19-01G Page 5 of 8

1.15 SAFETY

The Contractor shall strictly comply with Occupational Safety and Health Standards

pursuant to HRS Chapter 396 and HAR Title 12, Subtitle 8.

The Contractor shall provide all safeguards, safety devices, and protective equipment

and take any other needed actions as it determines, or as the County may determine, to

be reasonably necessary to protect the life and health of employees and other persons

on and around the worksite and the safety of the public and to protect property in

connection with the performance of the work covered by the Contract.

The Contractor and any subcontractor shall not permit any employee, in performance of

the Contract, to work in surroundings or under conditions which are unsanitary,

hazardous or dangerous to his/her health or safety, as determined under construction

safety and health standards promulgated by the Federal, State, and local authorities.

Authorized Federal, State, and local officials shall have right of entry to any site of

contract performance to inspect, investigate, and enforce the matter of compliance with

the construction safety and health standards referred to herein.

1.16 RECORD DOCUMENTS

The Contractor shall maintain two (2) sets of plans and specifications at the project site.

Each set shall be marked daily with any changes made in the field.

Upon completion of the project and before final payment is requested, the Contractor

shall submit two (2) sets of as-built drawings to the Project Engineer with the

Contractor’s certification that all known field changes are incorporated into the submitted

set. The Project Engineer shall have the right to review the as-built drawings at any time

and to require corrections, or additions, if deemed necessary.

1.17 ITEMIZED COST

The Contractor shall furnish in duplicate detailed breakdown including itemized material

invoices giving a complete breakdown of the material cost for the purpose of making

monthly partial payments on the materials delivered. The values employed in making up

the itemized breakdown will be used only for determining the basis of partial monthly

payments, and not be considered as fixing a basis for additions to or deductions from the

contract price.

1.18 TRADE NAMES AND ALTERNATIVES

For convenience in designation on the plans or in the specifications, certain equipment or

articles or materials may be designated under a trade name or the name of a

manufacturer and his catalog information. The use of alternative equipment or an article

or material which is of equal quality and of the required characteristics for the purpose

intended will be permitted, subject to the approval of the Project Engineer, in writing, in

accordance with the following requirements. Alternatives will be considered only during

the bid phase. Refer to Section 2.16 of the General Terms and Conditions for

requirements on obtaining approval of alternative equipment.

WAIHEE WELLS ELETRICAL UPGRADES Section 01170 – General Project Requirements DWS Job No. 19-01G Page 6 of 8

A. The burden of proof as to the comparative quality and suitability of alternative

equipment or articles or materials shall be upon the Contractor and he shall

furnish, at his own expense, all information necessary or related thereto as

required by the Project Engineer. The Project Engineer shall be the sole judge as

to the comparative quality and suitability of alternative equipment or articles or

materials and his decision shall be final.

B. The above provisions shall not be construed as permitting the use of alternative

equipment or articles or materials for equipment or articles or materials which are

not designated under a trade name or the name of a manufacturer and his

catalog information, and for which the specifications are set forth.

1.19 QUALIFICATIONS/QUALITY CONTROL

A. All products furnished shall consist of standard materials and construction of

proven ability, modified as required for the requirements of these Contract

Documents.

B. All suppliers and installers shall be properly experienced, qualified and regularly

engaged in the manufacturing of the products to be furnished.

C. All products shall be designed, constructed and installed in accordance with best

practices and methods and shall operate satisfactorily as determined by the

Project Engineer when installed as shown on the drawings and/or specified.

D. The Contractor shall have sole responsibility for quality of construction and for

proper functioning of the equipment.

1.20 RIGHT TO KNOW LAW

The Contractor shall submit, as required, to the Project Engineer any Material Safety

Data Sheets for all substances or mixture of substances used on the project by him or his

subcontractors prior to commencing any work in accordance with any Federal, State, or

local requirements, if so required.

1.21 WEATHER

In the event of inclement weather, the Contractor shall protect the work and materials

from damage or injury from the weather. If, in the opinion of the Project Engineer, any

portion of the work or materials that has been damaged by reason of failure on the part of

the Contractor to so protect the work, such work and materials shall be removed and

replaced with new materials and work to the satisfaction of the Project Engineer at the

Contractor’s expense.

1.22 STANDARD PRODUCT

Materials and equipment shall be the standard cataloged products of manufacturers

regularly engaged in production of such materials or equipment and shall be

manufacturer’s latest standard design that complies with the specification requirements.

Where two units of the same class of equipment are required, these units shall be

products of a single manufacturer; however, the component parts of the system need not

be the products of the same manufacturer. Each major component of equipment shall

WAIHEE WELLS ELETRICAL UPGRADES Section 01170 – General Project Requirements DWS Job No. 19-01G Page 7 of 8

have manufacturer’s name, address and model and serial number on a nameplate

securely affixed in a conspicuous place; nameplate of the distributing agent will not be

acceptable.

PART 2 – PRODUCTS

NOT USED

PART 3 – EXECUTION

3.1 INSTALLATION OF NEW WORK

A. Unless otherwise specified, the Contractor will furnish and pay for and coordinate

all necessary labor, equipment, and tools required to install, service, and make

adjustments necessary for the proper installation and shall perform the

installation.

B. Unless specifically noted otherwise, the arrangement of products and equipment

shown on the drawings is based upon information available at the time of design

and is not intended to show exact dimensions peculiar to a specific manufacturer.

The drawings are, in part, diagrammatic, and some features of the illustrated

equipment installation may require revision by the Contractor to meet actual

equipment installation requirements. Structural supports, foundations, connected

piping and valves and electrical and instrumentation connections indicated may

have to be altered to accommodate the products provided. Revisions and

alterations shall be made at no additional cost to the Owner. Substantiating

calculations, drawings, and revised layout drawings shall be submitted prior to

beginning the work as required in Section 01300 - SUBMITTALS.

C. Ensure proper installation of all items in accordance with manufacturer’s

recommendations and instructions in the location(s) shown to produce a complete

workable system. The structural frames shall be carefully aligned on their

foundations to the anchor bolts. The anchor bolts shall be set in place and the

nuts tightened against the shims. The alignment of products shall be further

checked after securing to the foundations, and after confirmation of all

alignments, the support plates shall be finally grouted in place.

D. All wedges, shims, filling pieces, keys, packing, grout, or other materials

necessary to properly align, level, and secure apparatus in place shall be

furnished and installed by the Contractor. All parts intended to be plumb or level

must be proven exactly so. Perform all grinding necessary to bring parts to

proper bearing after erection.

E. Normal installation procedures for all items (including Owner furnished items, if

any) such as: making connections, adjusting packing, aligning, connection of

bases, coupling, wiring, piping, shimming, assembly of normally shipped loose

components, use of drift pins, deburring, identification of wires at terminals,

following manufacturer’s instructions and similar items of standard installation

practice shall be performed by the Contractor whether specifically mentioned

herein or not.

WAIHEE WELLS ELETRICAL UPGRADES Section 01170 – General Project Requirements DWS Job No. 19-01G Page 8 of 8

3.2 FIELD TESTING AND CORRECTION OF DEFICIENCIES

A. Field testing shall be witnessed by, and acceptable to, the manufacturer’s field

services representative and the Project Engineer, unless otherwise noted.

B. All deficiencies in work and/or items not meeting specified testing requirements

shall be corrected in order to meet specification requirements at no additional cost

to the Owner.

C. In the event the items or system performance do not meet the requirements of the

specifications, the necessary corrective measures shall be made by the

Contractor at no additional cost to the Owner, and the item or system shall be

retested. If the items or system remain unable to meet the specified design

requirements, they shall be removed and replaced with satisfactory item(s) or

system(s) by the Contractor at no additional cost to the Owner.

END OF SECTION

WAIHEE WELLS ELETRICAL UPGRADES Section 01300 – Submittals DWS Job No. 19-01G Page 1 of 3

SECTION 01300

SUBMITTALS

PART 1 – GENERAL

1.1 DESCRIPTION

Submittals covered by these requirements include manufacturers’ information, shop

fabrication drawings, test procedures, test results, samples, requests for substitutions,

and miscellaneous Work-related submittals. Submittals shall also include, but not limited

to, electrical and electronic equipment and systems, materials, and fabricated items.

The Contractor shall furnish all drawings, specifications, descriptive data, certificates,

samples, tests, methods, schedules, and manufacturer’s installation and other

instructions, as specifically required in the Contract Documents to demonstrate fully that

the materials and equipment to be furnished and the methods of Work comply with the

provisions and intent of the Contract Documents.

All submittals required by the Contract Documents shall be transmitted from the

Contractor to the Project Engineer in accordance with Section 6.21(a) of the General

Terms and Conditions. Submittals shall not be transmitted from subcontractors nor

manufacturers. All submittals shall be stamped, signed, and dated by the Contractor to

signify his approval and that he has checked them for content, accuracy and

dimensions. Items found to be inaccurate or otherwise in error shall be returned by the

Contractor to the subcontractor or supplier for correction before submitting to the Project

Engineer.

All details on shop drawings submitted for review shall clearly show the elevations of the

various parts of the main members and lines of the structure, and where correct

fabrication of the Work depends upon field measurements, such measurements shall be

made and noted on the drawings before the drawings are submitted for review.

Refer to Section 6.21 of the General Terms and Conditions for additional requirements.

1.2 CONTRACTOR’S RESPONSIBILITIES

The Contractor shall be responsible for the accuracy and completeness of the

information contained in each submittal and shall assure that the material, equipment or

method of Work shall be as described in the submittal. The Contractor shall verify that

all features of all products conform to the specified requirements. Submittal documents

shall be clearly edited to indicate only those items, models, or series of equipment,

which are being submitted for review. All extraneous materials shall be crossed out or

otherwise obliterated.

The Contractor shall ensure that there is no conflict with other submittals and notify the

Project Engineer in each case where his submittal may affect the Work of another

Contractor or the Owner. The Contractor shall coordinate submittals among his

subcontractors and suppliers including those submittals complying with unit

responsibility requirements and multiple applicable technical sections.

WAIHEE WELLS ELETRICAL UPGRADES Section 01300 – Submittals DWS Job No. 19-01G Page 2 of 3

The Contractor shall coordinate submittals with the Work so that Work will not be

delayed. He shall coordinate and schedule different categories of submittals, so that

one will not be delayed for lack of coordination with another. No extension of time will be

allowed because of failure to properly schedule submittals. The Contractor shall not

proceed with Work related to a submittal until the submittal process is complete. This

requires that submittals for review and comment shall be returned to the Contractor

stamped “No Exceptions Taken” or “Make Corrections Noted.”

The Contractor shall certify on each submittal document that he has reviewed the

submittal, verified field conditions, and complied with the Contract Documents.

The Contractor may authorize in writing a material or equipment supplier to deal directly

with the Project Engineer with regard to a submittal. These dealings will be limited to

Contract interpretations to clarify and expedite the Work and shall not relieve the

Contractor of his responsibilities nor obligations as specified in these Contract

Documents.

Failure of the Contractor to comply with these requirements as set forth my result in final

payment being withheld from him.

PART 2 – PRODUCTS

NOT USED

PART 3 – EXECUTION

3.1 TRANSMITTAL PROCEDURE

Unless otherwise specified, submittals regarding material and equipment shall be

accompanied by a transmittal form. The form shall carry the project number, project title,

the contracting agency’s name, an appropriate title, and, in the case of details, small

parts, etc., the name of the basic component. A separate form shall be used for each

specific item, class of material, equipment, and items specified in separate, discrete

sections, for which the submittal is required. Submittal documents common to more

than one piece of equipment shall be identified with all the appropriate equipment

numbers. Submittals for various items shall be made with a single form when the items

taken together constitute a manufacturer’s package or are so functionally related that

expediency favors checking or review of the group or package as a whole is warranted.

Shop drawings for components of a system or systems requiring unit responsibility shall

be submitted together with all other system components as a complete shop drawing

package. Failure to submit data for the complete system will be cause for rejection of

individual submittals.

A unique number, based on specification section, shall be noted on the transmittal form

accompanying each item submitted. Original submittal numbers shall have the following

format: “XXX”; where “XXX” is the specification section. Resubmittals shall have the

following format: “XXX-Y”; where “XXX” is the originally assigned submittal number and

“Y” is a sequential letter assigned for resubmittals, i.e., a, b, or c being the 1st, 2nd, and

3rd resubmittals, respectively. Submittal 16402-04b, for example, is the second

resubmittal of the 4th item submitted under Wiring System specification section.

WAIHEE WELLS ELETRICAL UPGRADES Section 01300 – Submittals DWS Job No. 19-01G Page 3 of 3

3.2 SUBMITTAL COMPLETENESS

Submittals shall be complete for each Specification Section. Submittals which do not

have all the information required to be submitted, including deviations, are not

acceptable and will be returned without review. Submittals which do not contain the

Contractor’s signature and date submitted along with a transmittal form will be

unacceptable and returned without review.

3.3 REVIEW PROCEDURE

A. The returned submittal shall indicate one of the following actions:

1. If in the review, compliance with the Contract Documents was observed

for material, equipment or Work method, submittal copies will be marked

“NO EXCEPTIONS TAKEN.” In this event, the Contractor may begin to

implement the Work method or incorporate the material or equipment

covered by the submittal.

2. If the review indicates limited corrections are required, copies will be

marked “MAKE CORRECTIONS NOTED.” The Contractor may begin

implementing the Work method or incorporating the material and

equipment covered by the submittal in accordance with the noted

corrections. Copies showing the corrections shall be provided for files.

3. If the review reveals that the submittal is insufficient or contains incorrect

data, copies will be marked “REVISE AND RESUBMIT.” The Contractor

shall not undertake Work covered by this submittal until it has been

revised, resubmitted, and returned marked either “NO EXCEPTIONS

TAKEN” or ‘MAKE CORRECTIONS NOTED,” except at this own risk.

4. If the review indicates that the material, equipment, or Work method does

not comply with the Contract Documents, copies of the submittal will be

marked “REJECTED.” Submittals with deviations which have not been

identified clearly may be rejected. The Contractor shall not undertake the

Work covered by such submittals until a new submittal is made and

returned marked either ‘NO EXCEPTIONS TAKEN” or “MAKE

CORRECTIONS NOTED,” except at his own risk.

3.4 FIELD EFFECT OF REVIEW OF CONTRACTOR’S SUBMITTALS

Review of Contract Drawings, methods of Work, or information regarding materials or

equipment the Contractor proposes to provide, shall not relieve the Contractor of his

responsibility for errors therein and shall not be regarded as an assumption of risks or

liability by the Project Engineer or Owner, or by any officer or employee thereof, and the

Contractor shall have no claim under the Contract on account of the failure, or partial

failure, of the method of Work, material, or equipment so reviewed. A mark of “NO

EXCEPTIONS TAKEN” or “MAKE CORRECTIONS NOTED” shall mean that the Project

Engineer has no objection to the Contractor, upon his own responsibility, using the plan

or method of Work proposed, or providing the materials or equipment proposed.

END OF SECTION

WAIHEE WELLS ELETRICAL UPGRADES Section 01500 – Contractor’s Utilities and DWS Job No. 19-01G Temporary Facilities Page 1 of 3

SECTION 01500

CONTRACTOR’S UTILITIES AND TEMPORARY FACILITIES

PART 1 – GENERAL

1.1 TEMPORARY UTILITY SERVICES

Contractor shall make his own arrangements for and pay for all temporary utilities,

including potable water, telephone, and electricity, required for his work. He shall pay all

costs associated with connecting and disconnecting the temporary system.

1.2 CONSTRUCTION STAGING

The Contractor may use the area designated on the plans for construction staging or

construct temporary storage yards off-site for the storage of materials that are not

subject to damage by weather conditions.

All storage areas shall be restored to their original condition. All damages incurred in

storing or removing materials from storage areas or to adjoining property shall be

replaced or repaired by the Contractor at no cost to the County.

1.3 CONTRACTOR’S PARKING

The Contractor is solely responsible for whatever arrangements he makes for employee

parking. These parking areas shall not interfere with access to or operations of the site.

The Department of Water Supply will not police, control or otherwise manage

Contractor’s parking nor will the Department make any arrangements for a Contractor’s

parking area. If the Contractor chooses to permit his employees to park in the vicinity of

the site, he is solely responsible for all claims made relative to these vehicles. The

Contractor shall fully restore all areas used for parking. The Contractor shall repair all

environmental damage caused by the vehicles at no cost to the Owner.

1.4 SANITARY FACILITIES

The Contractor shall comply with Section 301.05 – SANITATION of the Water System

Standards 2002.

The Contractor shall provide and maintain sanitary facilities for employees and

subcontractor’s employees in compliance with the regulations of the State of Hawaii,

Department of Health.

1.5 TEMPORARY WATER

The Contractor shall comply with Section 302.26 – WATER SUPPLY of the Water

System Standards 2002.

The Contractor shall make his own arrangements to obtain water for use at his own

expense. Submit for information written descriptions of all such arrangements. At the

completion of the work, the Contractor shall remove all temporary facilities at his own

expense.

WAIHEE WELLS ELETRICAL UPGRADES Section 01500 – Contractor’s Utilities and DWS Job No. 19-01G Temporary Facilities Page 2 of 3

1.6 TEMPORARY ELECTRIC POWER SERVICE

The Contractor shall make arrangements for electrical power for use during the project

period until final acceptance by the Owner and the Contractor shall pay for all costs for

same. At the completion of the work, the Contractor shall remove all such temporary

wiring and connection at this own expense.

1.7 ENVIRONMENTAL POLLUTION CONTROL

Environmental pollution control shall consist of the protection of the environment from

pollution during and as a result of construction operations under the Contract. The

control of environmental pollution requires the consideration of air, water and land and

involves noise, dust and solid waste management as well as other pollutants. The

Contractor is responsible for investigating and complying with all applicable Federal,

State, and County laws and regulations concerning environmental pollution control and

abatement.

A. The Contractor shall maintain, at all times and at his expense, the site of the

project in an orderly and clean condition, and shall at suitable intervals remove

accumulations of rubbish or refuse materials. The Contractor shall keep the site,

inclusive of vehicular traffic routes through and approaching the site free of dirt,

mud, dust, and other nuisances in compliance with the provisions of Chapter

342, HRS, Environmental Quality, and Chapter 37A, Water Quality Standards.

B. The Contractor shall not pollute water resources including streams and drainage

systems with fuels, oils, acids, construction wastes, wash waters or other harmful

materials. Disposal of any material, garbage, oil, grease, chemicals, trash and

other similar materials in areas adjacent to streams or drainage system shall be

subject to all applicable laws and regulations concerning environmental pollution

control and abatement.

C. The performance of work including use of machinery shall conform to State of

Hawaii, Department of Health current rules and regulations pertaining to noise

pollution. Limit construction activities to normal working hours.

D. During the course of the Contract, rubbish shall be collected in containers of

suitable size or number to prevent piling of rubbish outside of the containers.

Collection and disposal shall be performed at regular intervals or as needed to

keep rubbish build-up and rodent infestation under control. All debris disposal

containment and/or areas shall be covered to prevent wind from spreading the

debris.

Solvents, greases, oils, and other such wastes shall be packaged in appropriate

containers and disposed of in a manner required by the laws governing the

handling of such materials. Contractor shall pay for any charges incurred.

1.8 REMOVAL OF TEMPORARY FACILITIES AND UTILITIES

At such time as any temporary construction facilities or utilities are no longer needed for

the work, the Contractor shall notify the Project Engineer of his intent and schedule

WAIHEE WELLS ELETRICAL UPGRADES Section 01500 – Contractor’s Utilities and DWS Job No. 19-01G Temporary Facilities Page 3 of 3

removal. The Contractor shall disconnect, dismantle, and remove such items from the

site.

PART 2 – PRODUCTS

NOT USED

PART 3 – EXECUTION

NOT USED

END OF SECTION

WAIHEE WELLS ELETRICAL UPGRADES Section 16050 – Electrical General Requirements DWS Job No. 19-01G Page 1 of 8

DIVISION 16

ELECTRICAL

SECTION 16050

ELECTRICAL GENERAL REQUIREMENTS

PART 1 – GENERAL

1.1 GENERAL CONDITIONS

Electrical characteristics for this project shall be 4.16 kV three phase, 3 wire primary and

208Y/120 volts, three phase, 4 wire secondary. All connections will be made by the

Contractor.

1.2 RELATED WORK SPECIFIED IN OTHER SECTIONS

This section applies to all sections of Division 16 – ELECTRICAL of this project

specification unless specified otherwise in the individual technical sections.

1.3 REFERENCE SPECIFICATIONS

All Work shall conform to the following standard specifications, except as amended

herein or in the plans. Said standard specifications are not physically included, but are

hereby included by reference.

A. Institute of Electrical and Electronics Engineers (IEEE) 100, The Authoritative

Dictionary of IEEE Standards Terms (2000; Archived)

B. National Fire Protection Association (NFPA) 70, National Electrical Code (NEC),

2008 Edition

C. Applicable portions of the latest edition of Standard Details for Public Works

Construction, issued by the County, are included as part of this Section.

D. Comply with ordinances of the County having jurisdiction over this project.

1.4 SUBMITTALS

A. Submittals shall conform to Section 01300- SUBMITTALS and the following

additional requirements.

B. Provide electronic format (PDF) along with three (3) sets of hard copies for

review.

C. Submittals shall include the manufacturer’s name, trade name, place of

manufacture, catalog model or number, nameplate data, size, layout dimensions,

capacity, project specification and technical paragraph reference. Submittals

shall also include applicable industry and technical society publication

references, and years of satisfactory service, and other information necessary to

WAIHEE WELLS ELETRICAL UPGRADES Section 16050 – Electrical General Requirements DWS Job No. 19-01G Page 2 of 8

establish contract compliance of each item to be provided. Photographs of

existing installations are unacceptable and will be returned without approval.

Transmittal letter shall include a listing of all items by manufacturer and catalog

number, which are included in the submittal package and shall clearly identify the

submittal with this project.

D. Submittals for each manufactured item shall be current manufacturer’s

descriptive literature of cataloged products, equipment drawings, diagrams,

performance and characteristic curves, and catalog cuts. Handwritten and typed

modifications and other notations not part of the manufacturer’s preprinted data

may result in the rejection of the submittal. Should manufacturer’s data require

supplemental information for clarification, the supplemental information shall be

submitted as specified for certificates of compliance.

E. Submittal drawings shall be a minimum of 11 inches by 17 inches in size using a

minimum scale of 1/8 inch per foot. Include wiring diagrams and installation

details of equipment indicating proposed location, layout and arrangement,

control panels, accessories, piping, ductwork, and other items that must be

shown to ensure a coordinated installation. Wiring diagrams shall identify circuit

terminals and indicate the internal wiring for each item of equipment and the

interconnection between each item of equipment. Drawings shall indicate

adequate clearance for operation, maintenance, and replacement of operating

equipment devices.

F. Where installation procedures or part of the installation procedures are required

to be in accordance with manufacturer’s instructions, submit printed copies of

those instructions prior to installation. Installation of the item shall not proceed

until manufacturer’s instructions are received. Failure to submit manufacturer’s

instructions shall be cause for rejection of the equipment or material.

G. Submit manufacturer’s certifications as required for products, materials, finishes,

and equipment as specified in the technical sections. Certificates from material

suppliers are not acceptable. Preprinted certifications and copies of previously

submitted documents will not be acceptable. The manufacturer’s certifications

shall name the appropriate products, equipment, or materials and the publication

specified as controlling the quality of that item. Certification shall not contain

statements to imply that the item does not meet requirements specified, such as

“as good as”; “achieve the same end use and results as materials formulated in

accordance with the referenced publications”; or “equal or exceed the service

and performance of the specified material.” Certifications shall simply state that

the item conforms to the requirements specified. Certificates shall be printed on

the manufacturer’s letterhead and shall be signed by the manufacturer’s official

authorized to sign certificates of compliance.

H. Where equipment or materials are specified to conform to industry and technical

society reference standards of organizations such as American National

Standards Institute (ANSI), American Society of Testing and Materials (ASTM),

National Electrical Manufacturers Association (NEMA), and Underwriters

WAIHEE WELLS ELETRICAL UPGRADES Section 16050 – Electrical General Requirements DWS Job No. 19-01G Page 3 of 8

Laboratories Inc. (UL), submit proof of such compliance. The label or listing by

the specified organization will be acceptable evidence of compliance.

I. In lieu of the label or listing, submit a certificate from an independent testing

organization, competent to perform testing. The certificate shall state that the

item has been tested in accordance with the specified organization’s test

methods and that the item complies with the specified organization’s reference

standard.

J. Submit text of posted operating instructions for each system and principal item of

equipment as specified in the technical sections.

1.5 DEFINITIONS

A. Unless otherwise specified or indicated, electrical and electronics terms used in

these specifications, and on the drawings, shall be as defined in IEEE 100.

B. The technical sections referred to herein are those specification sections that

describe products, installation procedures, and equipment operations and that

refer to this section for detailed description of submittal types.

C. The technical paragraphs referred to herein are those paragraphs in PART 2 –

PRODUCTS and PART 3 – EXECUTION of the technical sections that describe

products, systems, installation procedures, equipment, and test methods.

1.6 QUALITY ASSURANCE

A. Provide materials and equipment that are products of manufacturers regularly

engaged in the production of such products which are of equal material, design

and workmanship. Products shall have been in satisfactory commercial or

industrial use for 2 years prior to bid opening. The 2-year period shall include

applications of equipment and materials under similar circumstances and of

similar size. The product shall have been on sale on the commercial market

through advertisements, manufacturers’ catalogs, or brochures during the 2-year

period.

B. Equipment, materials, installation, and workmanship shall be in accordance with

the mandatory and advisory provisions of NFPA 70.

C. Products having less than a 2-year field service record will be acceptable if a

certified record of satisfactory field operation for not less than 6,000 hours,

exclusive of the manufacturers’ factory or laboratory tests, is furnished.

D. The equipment items shall be supported by service organizations which are

reasonably convenient to the equipment installation in order to render

satisfactory service to the equipment on a regular and emergency basis during

the warranty period of the contract. Where two or more items of the same class

of equipment are required, these items shall be products of a single

manufacturer; however, the component parts of the item need not be the

products of the same manufacturer unless stated in the technical section.

WAIHEE WELLS ELETRICAL UPGRADES Section 16050 – Electrical General Requirements DWS Job No. 19-01G Page 4 of 8

E. Each item of equipment shall have a nameplate bearing the manufacturer’s

name, address, model number, and serial number securely affixed in a

conspicuous place; the nameplate of the distributing agent will not be acceptable.

F. In each of the publications referred to herein, consider the advisory provisions to

be mandatory, as though the word, “shall” had been substituted for “should”

wherever it appears. Interpret references in these publications to the “authority

having jurisdiction,” or words of similar meaning, to mean the County Building

Department.

1.7 NAMEPLATE

Electrical Apparatus: Provide laminated plastic nameplates for each panelboard,

equipment enclosure, relay, enclosed circuit breaker, and disconnect switch. Each

nameplate inscription shall identify the function and, when applicable, the position.

Nameplates shall be melamine plastic, 0.125-inch thick, white center core. Surface shall

be matte finish. Corner shall be square. Accurately align lettering and engrave into the

core. Minimum size of nameplates shall be 1 by 2.5 inches. Lettering shall be a

minimum of 0.25-inch high normal block style.

1.8 EQUAL PRODUCTS

Products identified by brand name are intended to establish a level of material and

operational criteria. Products equal to the specified brand name may be acceptable.

The manufacturer of such products shall have at least 15 years of experience in

manufacturing a similar type of product, have installed at least 15 such units which are

operating successfully, and shall have a local authorized equipment sales representative

registered and doing business in the State of Hawaii.

Contractors desiring to supply an equal product shall pre-qualify their equipment by:

A. Submitting adequate substantiating data that the proposed equipment is equal to

the acceptable product and meet these specifications, and

B. Submitting the substantiating data for review and approval at least 10 days

before the scheduled bid opening date in accordance with Section 2.16 (b) of

General Terms and Conditions.

Substantiating data shall include, but shall not be limited to, information on the

manufacturer, equipment description and capabilities, materials, operations and

maintenance data and other pertinent information. The Contractor shall show

conformance to applicable specification section(s) and indicate all items that vary from

the specified equipment and show equivalence to the specified item. The Contractor

shall be responsible for providing sufficient information on a timely basis to permit a

thorough comparison and evaluation of the data submitted. The Project Engineer shall

receive the submittal, assess the acceptability of the substitute item and respond to the

submittal. Lack of sufficient or substantiating information on a timely basis can be

reasons for rejection. The Owner shall have the final decision making authority or

determination as to whether product is “equal.”

WAIHEE WELLS ELETRICAL UPGRADES Section 16050 – Electrical General Requirements DWS Job No. 19-01G Page 5 of 8

1.9 POSTED OPERATING INSTRUCTIONS

A. Provide for each system and principal item of equipment as specified in the

technical sections for use by operation and maintenance personnel. The

operating instructions shall include the following:

1. Wiring diagrams, control diagrams, and control sequence for each

principal system and item of equipment. Wiring diagrams include SCADA

and control system wiring. Identify each individual conductor with a

distinctive identification that matches the identification actually used for

the conductor in the field.

2. Start up, proper adjustment, operating, lubrication, and shutdown

procedures.

3. Safety precautions.

4. The procedure in the event of equipment failure.

5. Other items of instruction as recommended by the manufacturer of each

system or item of equipment.

1.10 CABLE TAGS IN ENCLOSURES AND CABINETS

A. Provide tags for each cable or wire located in enclosures and cabinets.

B. Provide tags of polyethylene that have an average tensile strength of 4,500

pounds per square inch; and that are 0.035-inch thick, non-corrosive, non-

conductive; resistive to acids, alkalis, organic solvents, and salt water; and

distortion resistant to 300 degrees F. Provide a one-piece nylon, self-locking tie

at each end of the cable tag. Ties shall have a minimum loop tensile strength of

175 pounds. The cable tags shall have block letters, numbers, and symbols 1-

inch high on a yellow background. Letters, numbers, and symbols shall not fall

off or change positions regardless of the cable tags’ orientation. Permanent heat

shrink type labeling may be used as an alternative.

1.11 ELECTRICAL REQUIREMENTS

A. Electrical installations shall conform to NFPA 70, and requirements specified

herein.

B. Furnish motors, controllers, and contactors with their respective pieces of

equipment, except controllers indicated as part of the motor control centers shall

be provided under Section 16402 – WIRING SYSTEMS.

1.12 INSTRUCTIONS TO OWNER PERSONNEL

Where specified in the technical sections, furnish the services of competent instructors

to give full instructions to Owner personnel in the adjustment, operation, and

maintenance of the specified systems and equipment, including pertinent safety

requirements as required. Instructors shall be thoroughly familiar with all parts of the

installation and shall be trained in operating theory as well as practical operation and

maintenance work. Instruction shall be given during the first regular work week after the

WAIHEE WELLS ELETRICAL UPGRADES Section 16050 – Electrical General Requirements DWS Job No. 19-01G Page 6 of 8

equipment or system has been accepted and turned over for regular operation. The

number of man-days (8 hours per day) of instruction furnished shall be as specified in

the individual technical sections. When more than 4 man-days of instruction are

specified, use approximately half of the time for classroom instruction. Use other time

for instruction with equipment or system. When significant changes or modifications in

the equipment or system are made under the terms of the contract, provide additional

instruction to acquaint Owner personnel with the changes or modifications.

PART 2 – PRODUCTS

NOT USED

PART 3 – EXECUTION

3.1 INSTRUCTIONS TO OWNER PERSONNEL

A. These specifications are accompanied by construction drawings, including

building and site plans of all trades showing locations of all outlet, switches,

service runs, feeder runs, devices, and other electrical equipment. The locations

are approximate and before installing, study adjacent architectural details and

make installation in most logical manner. Any device may be relocated within

10’-0” before installation at direction of the Project Engineer without additional

cost.

B. Before installing, verify all dimensions and sizes of equipment.

C. Verify that electrical system may be installed in strict accordance with the original

design, specifications, construction drawings, and the manufacturer’s

recommendations.

D. In the event of discrepancy, immediately notify the Project Engineer. Do not

proceed with installation in areas of discrepancy until all such discrepancies have

been fully resolved.

E. Field verify existing conditions and identify all loads impacted. Schedule and

coordinate all power outages with the Project Engineer.

F. The work shall be planned and scheduled to minimize the number and duration

of power outages. The existing well pumps must remain operational during the

construction period. Provide temporary equipment and connections required to

limit the number and duration of power outages to the pumping stations to what

is acceptable by the Department of Water Supply. The drawings include

suggested conceptual sequences of construction. Contractor shall refine and

develop a detailed construction sequence and submit them to the Project

Engineer for approval.

3.2 PAINTING OF EQUIPMENT

A. Electrical equipment shall have factory-applied painting systems which shall

meet the requirements specified in the technical sections. Provide paint touch-up

kits for each type and color of paint used for factory painted equipment.

WAIHEE WELLS ELETRICAL UPGRADES Section 16050 – Electrical General Requirements DWS Job No. 19-01G Page 7 of 8

B. Paint electrical equipment as required to match the finish of adjacent surfaces or

to meet the indicated or specified safety criteria. Paint all exposed electrical

equipment enclosures, conduit, equipment and support structures, except for the

light poles. At the exterior, paint all electrical enclosures, conduits, fittings,

mounting frames and hardware with a primer and two finish coats of marine

grade paint. The painting requirement applies to stainless steel surfaces too.

3.3 NAMEPLATE MOUNTING

Provide number, location, and letter designation of nameplates as indicated in the

technical sections. Fasten nameplates to the device with a minimum of two sheet-metal

screws or two rivets.

3.4 WARNING SIGN MOUNTING

Provide the number of signs required to be readable from each accessible side, but

space the signs a maximum of 30 feet apart.

3.5 CABLE TAG INSTALLATION

Install cable tags in enclosure and cabinet.

3.6 EARTHQUAKE AND WIND BRACING

Provide earthquake and wind bracing for all electrical equipment, apparatus, luminaires,

and raceways. Bracing shall be suitable for Seismic Zone 2. As a minimum, bracing

shall comply with the International Building Code (IBC). All equipment installed outdoor

shall be capable of withstanding 150 miles per hour wind load without sustaining

damage.

3.7 COORDINATION OF WORK WITH UTILITY COMPANIES

Coordinate all work for this project with the utility companies involved. The Contractor is

responsible for obtaining all utility company requirements and incorporating them in the

Work. The Project Engineer shall be informed if there are any differences between what

is required by the utility companies and what is indicated in the Contract Documents

before any work is performed.

3.8 INSPECTION

Arrange for periodic inspection by the local authorities and deliver certificate of final

inspection to the Project Engineer.

3.9 AS-BUILT DRAWINGS

Submit as-built drawings incorporating all field changes and modifications in

conformance with Section 01170 – GENERAL REQUIREMENTS.

3.10 MEASUREMENT

The work described in this section will not be measured directly, but shall be part of the

contract lump sum bid items, as applicable.

WAIHEE WELLS ELETRICAL UPGRADES Section 16050 – Electrical General Requirements DWS Job No. 19-01G Page 8 of 8

3.11 PAYMENT

The work described in this section shall not be paid for directly, but shall be part of the

contract lump sum price bid items, as applicable, and which prices shall include full

compensation for all work of this section and all other applicable sections.

END OF SECTION

WAIHEE WELLS ELETRICAL UPGRADES Section 16402 – Wiring Systems DWS Job No. 19-01G Page 1 of 10

SECTION 16402

WIRING SYSTEMS

PART 1 – GENERAL

1.1 RELATED WORK SPECIFIED IN OTHER SECTIONS

Section 16050 – ELECTRICAL GENERAL REQUIREMENTS applies to this section with

additions and modifications specified herein.

1.2 REFERENCE SPECIFICATIONS

All Work shall conform to the following standard specifications, except as amended

herein or in the plans. Said standard specifications are not physically included, but are

hereby included by reference.

A. American National Standards Institute (ANSI)

1. ANSI C80.1 (2005) – American National Standard for Electric Rigid Steel

Conduit

2. ANSI C80.3 (2015) – American National Standard for Electrical Metallic

Tubing -Steel (EMT-S)

B. American Society for Testing and Materials (ASTM) B8 – Standard Specification

for Concentric-Lay-Stranded Copper Conductors, Hard, Medium-Hard, or Soft,

2017 Edition

C. Institute of Electrical and Electronics Engineers (IEEE) 400.2 – IEEE Guide for

Field Testing of Shielded Power Cable Systems Using Very Low Frequency

(VLF) (less than 1 Hz), 2013 Edition

D. Insulated Cable Engineers Association (ICEA)

1. ICEA S-93-5619 (1991) – Ethylene-Propylene-Rubber-Insulated Wire and

Cable for the Transmission and Distribution of Electrical Energy

E. National Electrical Manufacturers Association (NEMA)

1. NEMA RN 1-2005 (R2013) – Polyvinyl-Chloride (PVC) Externally Coated

Galvanized Rigid Steel Conduit and Intermediate Metal Conduit

2. NEMA TC 2-2016– Electrical Polyvinyl Chloride (PVC) Conduit

3. NEMA TC 3-2016 – Polyvinyl Chloride (PVC) Fittings for Use with Rigid

PVC Conduit and Tubing

4. NEMA WC 74/ICEA S-93-639 (2012) – 5-46kV Shielded Power Cable for

Use in the Transmission and Distribution of Electric Energy.

F. National Fire Protection Association (NFPA) 70, National Electrical Code (NEC),

2008 Edition

WAIHEE WELLS ELETRICAL UPGRADES Section 16402 – Wiring Systems DWS Job No. 19-01G Page 2 of 10

G. Underwriters Laboratories, Inc, (UL)

1. UL 1 (2005; Reprint Jul 2017) – Standard for Flexible Metal Conduit

2. UL 6 (2007; Reprint Nov 2014) – Electrical Rigid Metal Conduit – Steel

3. UL 44 (2014; Reprint Feb 2017) – Thermoset-Insulated Wires and Cables

4. UL 83 (2017) – Thermoplastic-Insulated Wires and Cables

5. UL 360 (2018) – Standard for Liquid-Tight Flexible Metal Conduit

6. UL 467 (2013) – Grounding and Bonding Equipment

7. UL 1072 (2018) – Standard for Medium-Voltage Power Cables

1.3 SUBMITTALS

Comply with the requirements of Section 01300 – SUBMITTALS and Section 16050 –

ELECTRICAL GENERAL REQUIREMENTS.

A. Catalog Cuts: Provide in electronic format (PDF) along with three (3) sets of

hard copies for review.

1. Enclosed circuit breakers

2. Dry transformers

3. High voltage cables

4. High voltage termination kits

5. High voltage cable test results

B. Installation Drawings: Prior to fabrication, submit for written approval in

electronic format (PDF) along with three (3) sets of hard copies of complete

installation drawings indicating modifications to the existing Motor Control Center

(MCC) “Incomer” Section.

C. As-Built Installation Drawings: Upon completion of the final inspection and

testing, provide in electronic format (PDF) along with three (3) sets of hard copies

of as-built installation drawings and other built-to-order equipment.

1. 600-volt wiring test

2. Grounding system test

1.4 QUALITY ASSURANCE

In each of the publications referred to herein, consider the advisory provisions to be

mandatory, as though the word, “shall” had been substituted for “should” wherever it

appears. Interpret references in these publications to the “authority having jurisdiction,”

or words of similar meaning, to mean the County Building Department.

WAIHEE WELLS ELETRICAL UPGRADES Section 16402 – Wiring Systems DWS Job No. 19-01G Page 3 of 10

PART 2 – PRODUCTS

2.1 MATERIALS AND EQUIPMENT

Materials, equipment, and devices shall, as a minimum, meet requirements of UL, where

UL standards are established for those items, and requirements of NFPA 70.

2.2 CONDUIT AND FITTINGS

A. Rigid Galvanized Steel Conduit: NEMA C80.1, UL 6

B. Flexible Metal Conduit: UL 1, stainless steel

C. Liquid-Tight Flexible Metal Conduit, Steel: UL 360

D. Fittings for Metal Conduit and Flexible Metal Conduit: Fittings shall be stainless

steel.

E. Fittings for Rigid Metal Conduit: Galvanized steel threaded-type. Split coupling

unacceptable.

2.3 OUTLET BOXES AND COVERS

Cast iron, hot dipped galvanized or stainless steel as indicated. All boxes and covers

shall be painted.

2.4 CABINETS, JUNCTION BOXES, AND PULL BOXES

Volume greater than 100 cubic inches, NEMA 1 galvanized steel. All boxes shall be

painted.

2.5 WIRES AND CABLES

A. Wires and cables shall meet applicable requirements of NFPA 70 and UL for type

of insulation, jacket, and conductor specified or indicated. Wires and cables

manufactured more than 12 months prior to date of delivery to site shall not be

used.

B. Conductors: All conductors shall be stranded. Conductors shall be copper.

C. Minimum Conductor Sizes: Minimum size for branch circuits shall be No. 12

AWG; for Class 1 remote-control and signal circuits, No. 14 AWG; and for Class

2 low-energy, remote-control and signal circuits, No. 16 AWG.

D. Color Coding: Provide for service, feeder, branch, control, and signaling circuit

conductors. Color shall be green for grounding conductors and white for

neutrals; except where neutrals of more than one system are installed in the

same raceway or box, other neutral shall be white with colored (not green) stripe.

Color of ungrounded conductors in different voltage systems shall be as follows:

208Y/120 volt, three phase: black, red and blue.

E. Insulation: Unless specified or indicated otherwise or required by NFPA 70,

power and lighting wires shall be 600-volt, Type THWN-2, XHHW-2, or RHW-2.

Provide only conductors with 90 degrees C insulation or better.

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F. Bonding Conductors: Stranded copper wire.

G. High Voltage Wires and Cables: Copper Single concentric Class B conductors,

insulation rated for 5 KV, Type MV 105 133 percent insulation level, 5 mil copper

tape shielded, with overall polyvinyl chloride jacket.

The cable shall be suitable for use in wet or dry locations, in conduit,

underground ducts, direct burial and aerial installations.

Cable shall conform to NEMA WC 74 / ICEA S-93-639 and UL 1072.

Conductor shall be uncoated soft copper, compressed or compact stranded.

Conductor shield shall be extruded layer of semiconducting EPR thermosetting

compound. The insulation shall be EPR.

Provide cables with a semi-conducting conductor shield and a semi-conducting

insulation shield and an overall copper tape shield with 25% lap.

H. High Voltage Cable Terminations: Components shall be from one manufacturer.

Furnish installation instructions for stress relief kits.

2.6 SPLICES AND TERMINATION COMPONENTS

Connectors for No. 10 AWG and smaller diameter wires shall be insulated, pressure-

type (twist-on splicing connector). Provide solderless terminal lugs on stranded

conductors.

2.7 DEVICE PLATES

Provide UL listed, one-piece stainless steel device plates for outlets and fittings to suit

the devices installed. For metal outlets and fittings, plates on unfinished walls and on

fittings, device plates shall be of stainless steel cast metal having round or beveled

edges. Use of sectional-type device plates will not be permitted. Plates installed in wet

locations shall be gasketed and UL listed for “wet locations.”

2.8 SWITCHES

A. Toggle Switches: Totally enclosed, specification grade, with bodies of

thermosetting plastic and mounting strap. Handles shall be brown. Wiring

terminals shall be screw-type, side-wired. Switches shall be rated quiet-type ac

only, 120/277 volts, with current rating and number of poles indicated.

B. Disconnect Switches: Switches serving as motor-disconnect means shall be

horsepower rated. Provide heavy duty-type switches where indicated, where

switches are rated higher than 240 volts, and for double-throw switches. Provide

switches in NEMA 4X stainless steel enclosure with padlock hasp as indicated.

2.9 RECEPTACLES

A. Heavy-duty, specification grade, grounding-type, NEMA Type 5-20R. Wiring

terminals shall be screw-type, side-wired. Connect grounding pole to mounting

strap.

WAIHEE WELLS ELETRICAL UPGRADES Section 16402 – Wiring Systems DWS Job No. 19-01G Page 5 of 10

B. Weatherproof Receptacles: Provide in cast metal box with gasketed,

weatherproof, non-metallic cover plate enclosure listed for wet locations while in

use per NEC 410-57(b)(1).

C. Ground-Fault Circuit Interrupter (GFCI) Receptacles: Duplex type IP20A NEMA

Type 5-20R. Device shall be capable of detecting current leak of 6 milliamperes

or greater and tripping per requirements of Class A GFCI devices.

2.10 APPARATUS

A. Transformers: Medium voltage, dry-type, self-cooled, ventilated with following

features:

1. High voltage BIL: 30 kV

2. High voltage taps: 2 each, 2.5% taps above and below rated voltage

3. Low voltage BIL: 10 kV

4. Nominal impedance: 5%

5. UL listed

6. Efficiency shall be at least 98.33% at 50% load rating.

7. Vacuum-pressure impregnated windings – polyester resin

8. 45 dB sound level

9. Finish – Factory painted with primer and 2 finish coats of ANSI 61 gray

10. 220 degrees C insulation system

B. Low Voltage Circuit Breakers: Individual molded case circuit breakers with

voltage and continuous current ratings, number of poles, overload trip setting,

and short circuit interrupting rating as indicated.

C. 5 kV Square D MiniBreak™ Load Interrupter Switch or approved substitute.

1. Design voltage: 5.5 kV

2. Maximum continuous current: 200 amperes

3. Maximum fault closing: 20 kA asymmetrical

4. Short time rating (2 seconds): 12.5 kA

5. Maximum fault closing with fuses up to 63 kA symmetrical

6. Power frequency withstand: 19 kV

7. BIL: 60 kV

8. Load breaking (200 operations): 200A at 70-80% power factor

9. Mechanical life expectancy (no load operations): 750

WAIHEE WELLS ELETRICAL UPGRADES Section 16402 – Wiring Systems DWS Job No. 19-01G Page 6 of 10

10. NEMA 3R enclosure with viewing windows, mechanically interlocked fuse

access door

11. Switch operating handle pad-lockable in “OFF” position

2.11 GROUNDING AND BONDING EQUIPMENT

Ground rods shall be copper-clad steel, with minimum diameter of 3/4 inch and minimum

length of 10 feet.

2.12 NAMEPLATES

Provide as specified in Section 16050 – ELECTRICAL GENERAL REQUIREMENTS.

2.13 WIRE MARKING

Wire markers shall be Panduit LS4H heat shrink label or approved equivalent. Terminal

block labeling shall be permanent adhesive Tedlar material with printing applied with a

printer using Panduit Pan-Code type labels or equivalent.

PART 3 – EXECUTION

3.1 INSTALLATION

Electrical installations shall conform to requirements of NFPA 70, to requirements

specified herein, and to the equipment manufacturer’s instructions and

recommendations.

3.2 WIRING METHODS

Provide insulated conductors installed in conduit, except where specifically indicated or

specified otherwise or required by NFPA 70 to be installed otherwise. Provide insulated,

green equipment grounding conductor in feeder and branch circuits, including lighting

circuits. Grounding conductor shall be separate from electrical system neutral

conductor. Provide insulated, green conductor for grounding conductors installed in

conduit or raceways. Minimum conduit size shall be 1/2 inch in diameter for low voltage

lighting and power circuits.

3.3 CONDUIT INSTALLATION

A. Unless indicated otherwise, conceal conduit within finished walls and floors.

Keep conduit minimum 6 inches away from parallel runs of flues and steam or

hot water pipes. Install conduit parallel with or at right angles to ceilings, walls,

and structural members where located above accessible ceilings and where

conduit will be visible after completion of project.

B. Conduit Support: Support conduit by pipe straps, wall brackets, hangers, or

ceiling trapeze. Fasten by toggle bolts on hollow masonry units; by concrete

inserts or expansion bolts on concrete or brick; and by machine screws, welded

threaded studs, or spring-tension clamps on steel work. Threaded C-clamps

may be used on rigid steel conduit only. Do not weld conduits or pipe straps to

steel structures. Load applied to fasteners shall not exceed one-fourth proof test

load. Fasteners attached to concrete ceiling shall be vibration-resistant and

WAIHEE WELLS ELETRICAL UPGRADES Section 16402 – Wiring Systems DWS Job No. 19-01G Page 7 of 10

shock-resistant. Holes cut to depth of more than 1-1/2 inches in reinforced

concrete beams or to depth of more than 3/4 inch in concrete joints shall not cut

main reinforcing bars. Fill unused holes.

C. Directional Changes in Conduit Runs: Make changes in direction of runs with

symmetrical bends or cast-metal fittings. Make field-made bends and offsets

with hickey or conduit-bending machine. Do not install crushed or deformed

conduits. Avoid trapped conduits. Prevent plaster, dirt, or trash from lodging in

conduits, boxes, fittings, and equipment during construction. Free clogged

conduits of obstructions.

D. Pull String: Install pull string in empty conduits in which wire is to be installed by

others. Pull string shall be plastic having minimum 200-pound tensile strength.

Leave minimum 12 inches of slack at each end of pull string. Cap ends of

conduits.

E. Locknuts and Bushings: Fasten conduits to sheet metal boxes and cabinets with

two locknuts where required by NFPA 70, where insulated bushings are used,

and where bushings cannot be brought into firm contact with the box; otherwise,

use minimum single locknut and bushing. Locknuts shall have sharp edges for

digging into wall or metal enclosures. Install bushings on ends of conduits, and

provide insulating type where required by NFPA 70.

F. Flexible Connections: Provide flexible connections of short length, 6-foot

maximum, for equipment subject to vibration, noise transmission, or movement;

and for motors. Provide liquid-tight flexible conduit in wet locations. Provide

separate ground conductor across flexible connections.

3.4 BOXES, OUTLETS, AND SUPPORTS

A. Provide boxes in wiring or raceway systems wherever required for pulling of

wires, making connections, and mounting of devices or fixtures. Boxes for

metallic raceways shall be galvanized steel with factory paint finish. Each box

shall have volume required by NFPA 70 for number of conductors enclosed in

box. Boxes for mounting lighting fixtures shall be minimum 4 inches square, or

octagonal, except that smaller boxes may be installed as required by fixture

configurations, as approved. Provide gaskets for cast-metal boxes installed in

wet locations and boxes installed flush with outside of exterior surfaces. Fasten

boxes and supports with bolts and expansion shields on concrete or brick, with

toggle bolts on hollow masonry units, and with machine screws or welded studs

on steel. In open overhead spaces, cast boxes threaded to raceways need not

be separately supported except where used for fixture support.

B. Boxes: Boxes for use with raceway systems shall be minimum 1-1/2 inches

deep, except where shallower boxes required by structural conditions are

approved. Boxes for other than lighting fixture outlets shall be minimum 4 inches

square, except that 4-by-2-inch boxes may be used where only one raceway

enters outlet.

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C. Pull Boxes: Use size indicated or as required by NFPA 70, whichever is larger.

Where several feeders pass through common pull box, tag feeders to indicate

clearly electrical characteristics, circuit number, and panel designation.

3.5 MOUNTING HEIGHTS

Mount panelboards, circuit breakers, and disconnecting switches so height of any

operating handle at its highest position if maximum 78 inches above floor.

3.6 SPLICES AND TERMINATIONS

Make splices in accessible locations. Make splices in conductors No. 10 AWG and

smaller diameter with insulated, pressure-type connector. Make splices in conductors

No. 8 AWG and larger diameter with solderless connector, and cover with insulation

material equivalent to conductor insulation.

3.7 MEDIUM-VOLTAGE CABLE JOINTS

A. Make medium-voltage joints by using a kit of one manufacturer and with written

approval of the manufacturer of the cable which is to be spliced. Provide the

Project Engineer with a copy of the manufacturer’s instructions before jointing is

started. Upon request, supply manufacturer’s design qualification test report.

Connectors for joint shall be tin-plated electrolytic copper, having ends tapered

and having center stops to equalize cable insertion.

1. Epoxy Cast-Type Joint Methods: Provide cast-type joint insulation by

means of a molded casting process employing a thermosetting epoxy

resin insulating material which shall be applied by a gravity poured

method or by a pressure injected method. Provide component materials

of the resin insulation in a packaged form ready for convenient mixing

without removing from the package. Do not allow cables to be moved

until after the jointing material has completely set.

2. EPR Cast-Type Joint: Provide insulation by means of a molded casting

process employing an ethylene propylene-rubber (EPR) jointing

compound which results in an inseparable bond between jointing material

and cable insulation. The molding process shall include injection of

molding material into the mold to ensure void-free joints.

3. Watertight Taped-Type Joint: Consists of an approved connector, self-

fusing tape (splicing compound), self-bonding semiconducting tape,

tinned copper shielding tape or braid, and plastic tape.

4. Tape Overcast-Type Joint: Watertight taped-type, overcast with an epoxy

resin construction for the cast-type, pressure method. Provide joint

suitable for the rated voltage of the cable, to a limit of 15 KV.

5. Vulcanized-Type Joint: Heat-pressure process of an approved type and

employing materials and equipment suitable for the type and voltage of

cables for which it is used. Materials used in the jointing process shall be

fully and permanently compatible with materials in the cables. Provide

joint suitable for the rated voltage of the cable, to a limit of 5 KV.

WAIHEE WELLS ELETRICAL UPGRADES Section 16402 – Wiring Systems DWS Job No. 19-01G Page 9 of 10

6. Heat-Shrinkable Joint: A uniform cross-section heat-shrinkable polymeric

construction consisting of a linear stress relief system, a high dielectric

strength insulating material, and an integrally bonded outer conductor

layer for shielding. Replace original cable jacket with a heavy-wall heat-

shrinkable sleeve with hot-melt adhesive coating. Provide joint suitable

for the rated voltage of the cable.

B. Joints in Shielded Cables: Cover the joined area with metallic tape, or material

like the original cable shield and connect it to the cable shield on each side of the

splice. Provide a No. 6 AWG bare copper ground connection brought out in a

watertight manner and grounded to a 3/4-inch by 10-foot ground rod as part of

the joint installation. Wire shall be trained to the sides of the enclosure in a

manner to avoid interference with the working area.

3.8 GROUNDING AND BONDING

A. In accordance with NFPA 70. Ground-exposed, noncurrent-carrying metallic parts of

electrical equipment, metallic raceway systems, grounding conductor in metallic and

nonmetallic raceways, and neutral conductor of wiring systems. Make ground

connection to driven ground rods on exterior of building. Where ground fault

protection is employed, ensure that connection of ground and neutral does not

interfere with correct operation of fault protection.

B. Grounding Conductor: Provide insulated, green equipment grounding conductor

in feeder and branch circuits, including lighting circuits. Grounding conductor

shall be separate from electrical system neutral conductor. Provide insulated,

green conductor for grounding conductors installed in conduit or raceways.

C. Resistance: Maximum resistance-to-ground of grounding system shall not

exceed 5 ohms under dry conditions. Where resistance obtained exceeds 5

ohms, contact Project Engineer for further instructions.

3.9 EARTHQUAKE AND WIND BRACING

Contractor shall provide earthquake and wind bracing for all electrical equipment,

apparatus and raceways. Bracing shall comply with the International Building Code

(IBC). All equipment shall be rated to withstand 150 MPH winds without damage.

3.10 FIELD QUALITY CONTROL

A. Devices Subject to Manual Operation: Each device subject to manual operation

shall be operated at least five times, demonstrating satisfactory operation each

time.

B. Test on 600-volt Wiring: Test 600-volt wiring to verify that no short circuits or

accidental grounds exist. Perform insulation resistance tests on wiring No. 6

AWG and larger diameter using instrument which applies voltage of

approximately 500 volts to provide direct reading of resistance. Minimum

resistance shall be 500,000 ohms.

C. Test on Medium Voltage Wiring:

WAIHEE WELLS ELETRICAL UPGRADES Section 16402 – Wiring Systems DWS Job No. 19-01G Page 10 of 10

1. Perform a shield continuity test on each power cable by ohmmeter

method. Record ohmic value. Resistance values in excess of 10 ohms

per 1000 feet of cable must be investigated and justified.

2. Perform acceptance test on new cables before the new cables are

connected to existing cables and placed into service, including

terminations and joints. Perform maintenance test on complete cable

system after the new cables are connected to existing cables and placed

into service, including existing cable, terminations, and joints. Tests must

be very low frequency (VLF) alternating voltage withstand tests in

accordance with IEEE 400.2. VLF test frequency must be 0.05 Hz

minimum for a duration of 60 minutes using a sinusoidal waveform.

Test voltages shall be as follows:

CABLE RATING AC TEST

VOLTAGE for

ACCEPTANCE TESTING

5 kV 10kV rms(peak)

CABLE RATING AC TEST

VOLTAGE for

MAINTENANCE TESTING

5 kV 7kV rms(peak)

3.11 MEASUREMENT

The work described in this section will not be measured directly but shall be part of the

contract lump sum bid items as applicable.

3.12 PAYMENT

The work described in this section shall not be paid for directly but shall be part of the

contract lump sum price bid items as applicable, and which prices shall include full

compensation for all work of this section and all other applicable sections.

END OF SECTION