HomeMy WebLinkAboutGeneral Requirements and Covenants,.
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GENERAL REQUIREMENTS AND COVENANTS
County of HaHaii
Department of Pu'.lic 1-Torks July, 1972
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Section 1 Abbreviations and Definitions 1
Section 2 Proposal Requirements and Conditions 5
Section 3 Award and Execution of Contract 10
Section 4 Scope of l'>'ork 13
Section 5 Control of Work 18
Section 6 Control of Materials and Eouipment 26
Section 7 Legal Relations and Responsibility 30
Section 8 Prosecution and Progress 37
e Section 9 Measurement and Payment 49
Section 10 Value Engineering Incentive 53 -
Section 11 Environmental Protection 56
Appendix A Sample: Contract Form
Appendix B Sample: Bond Form
Appendix C Sample: V .E.C.P. Forms
Change Order Estimate Form
Change Order Form
Proposal Envelope Form
Appendix D Sample: Non-Gratuity Affidavit
SECTIO!' 1 -Af!'REVIL"'IO!:S >l-ID DEFEITIONS ·-·· .. _ ...... -·---· --._ .. -------~ ··-
Nhenever the following terms of pronouns are used in these specifica-
tions, or in any documents or instruments where these specifications govern,
the intent and meaning shall l:e :!.nterp:reted. as follows:
1.1 A'3EREVIATIOI\'S: ... ____ .. _. -----·-··· .... ._
AASHO
AS.~
AS'I'Jvi
AHG
AWS
Ah'PA
AvMA
!\lEMA
UL
The American Association of State High~1ay Officials
American Standards Association
-American Society for Testing Haterials
American 1.;ire Gage
American Welding Society
•· American wood-Freserwrs' Associations
Pmerican Water Works Association
National Electrical !oianu.facturers' Association
.,. U~.derwriters 9 le."·.oratcrieSt-!:~Co
A ~1ritten document which may l:>e issued by the C1·ief E·· .. :i :eer
during the bidding period involving changes to the plans and
specifications which shall be considered and made a part of
the contract •
. .1\:·.!e!":dmeiJ."l;, A !•!I'itten document properly executed by the Co;,t"·actor and the
Ma:.-ol· issued to amend the existing contract between the Cou:-1ty
and the Co··-tre.ctor.
Bid or
Frooc s'lJ.
T>e offer of the '=idder su·_,mitted in the prescri':ed manner to
furnish all la·· or, eouipment, and materials and to perform the
specified work in accord~~ce with the provisions of the plans
and specifications within the contract time prescribed therein
for the consideration of pa;)'ment at the prices stated in the
proposal form.
A_,-individual, partners!:ip, firm, corpora·non, or joint venture
su'·.mitting direct~-or through a duly authorized representative
or agent, a proposal for the work contemplated.
A ~n·itten order issued ·.j' the Ec:;i;· eer to the Co:··.t;·~.ctor
re"ul.r:mg the contract ,,-ork to ':Je performed in accordance 1dth
-~ c: ange or changes that may involve an adjustment in contract
time and price or re<uiring perforrr~ce of any unforeseen work
essential to complete the contract.
T: c 1·!ritten instn.."'tent executed '·;r the Cc·.tractor a.nd the
Cou:·.t· · of Er..,·:aii ··v its bo::c:-'"'-whicl: the Cc ·t~ actor is
'.:·ound. to fumisr. ill la' or·, equipment, and materials and to
perform tl:e
Section l
Fa:;; l
Contract
Bond
specified work within the contract time stipulated, and by
which the County of Hawa:i.i is obligated to compeRsate the
Contractor therefor at the prices set forth therein. The
contract shall include the Notice to Contractors, Special
Notice to Bidders, Addenda, Proposal, iva.ge Schedule, List
of Sub-contractors, General Requirements and Covenants,
Special Provisions, Plans, Technical Specification, and
Contract Bonds and also any and all am~ndments and change
orders which are required to complete the construction in
an acceptable manner •
.. The approved form of security furnished by the Contr2ctor and
his surety to guarantee the cOI:J.pletion of the work ir accordance
with the terms of the contract and to :~sure to the Lmefit of
all claims for labor, materials and su~plies used or incorpo-
rated in the work.
The time stated in the propo~a2. and the contract given as a
definite number of consocutivc ;m·Idne cays t,hich is an
essential part of the cont1•act. The contract time shall start
on the effective date in too Notice to Pl•Meed.
Contractor Any individual, p.'!rtnarship, firm, corpol'<J.tion or joint venture
undertaking the execution of the :;orJ~ under the terms of the
contract with the County of Hat·l:rii, <:nd acting directly or
through his, their or its age11ts, s!:!:;Jloyees or subcontractors.
~un~ The County of Hawaii.
Demrtme!l!l, The Department of Public ~forks, Co\mty of Hat·mii.
Director of Director of Finance of the County of Ha:·mii, Department of
Finailil!!, Finance.
Ens:ineer
Eoual or
Approved
Eoual
l!J.spector
Liou.idated
Dl".maees
The County 1\J.blic ~Torb Ch:tof Engimer directly or through
an assistant or repreae;1tative.
Whenever this term is used in the plans and/or specifications
this shall be interoreted to meac"! :1 brand c1• article pre-
qualified in accord&,ce tJith Section 6.2, Substitution of
Materials and Equipment uhich may be u~ad in place of the one
specified.
Authorized representative of thA Enginee1•.
The amount prescribed in the General Requirements and Covenents,
Section 8.11, to be paid to the County or tc be deducted fram
any payments due or to b&co;,.e {ue the Contractor for each
working day's de ley in completing the llhole or any specified
portion of the 11ork beyond the contract tin:c. allo~:ed in the
contract.
Section 1
Page 2
•
letter of
AwRrd··-
Ma,vor
A ~II'itten notice from the Engineer to the successful bidder(s)
stating that he has been awarded the contract.
Y~yor, County of Hawaii.
A written notice from the Engineer to the Contractor advising
him of the date on which he is to begin the prosecution of
the work.
A written notice from the Engineer to the Contractor stating
that the entire contract which has been completed in all
respect in accordance with the plans, specifications, special
provisions and any changes thereof previously authorized is
accepted.
Hgtice Q! The date of approval by the Engineer of the final voucher for
F1n& payment shall constitute the date of final settlement of the
~t~.m, contract.
p]_ans
Proiect -----Guaran~
Proposal ~-
~Jl.al
Q;!A;:$!lty
2!:
Bid Bond
Ql1.'tC:i.sJ,
.!J:,o.v;i,sions
§P-e.cJ.fJca-
tions
The contract drawings approved by the Engineer, which show the
location, character, dimensions and details of the work to be
done and shall be a part of the contract.
The post contract drawings are drawings issued after the award
of the contract for the purpose of clarification and/or change
to the work indicated on the original plans and shall be made
a part of the contract.
A guarantee issued by the Contractor to the County against
defects resulting from the use of defective materials, equip-
ment, or workmanship as covered in Section 8.15.
The form prepared by the Department on which the written offer
or formal bid for the work to be done is submitted.
The cash or check or bidder's bond furnished by the bidder as
a warranty of good faith that he will enter into a contract
with the County and to execute the required bond covering the
work contemplated, if the same is awarded to him as covered in
Section 2.8, Proposal Guaranty,
The specific clauses setting forth conditions or requirements
peculiar to the project under consideration, which are not
thoroughly or satisfactorily stipulated in these specifications.
The directions, provisions and requirements as contained in the
General Requirements and Covenants, addenda, special provisions,
technical specifications, and change orders pertaining to the
Section 1
Page .3
stete
Suo'l.J::.inten-
dept
Surety
l{Qrldng
Day
method and manner of performing the work and to quantities
of materials to be furnished under the contract.
The State of Hawaii,
The representative of the Contractor, present on the work
at all times during progress, authorized to receive and
fulfill instructions from the Engineer.
The individual, firm or corporation which is bound by the
contract bond with and for the Contractor to insure his
acceptable performances of the contract.
A working day shall be any day other than Saturdays, Sundays
and legal holidays on which 60% of the normal working forces
of the Contractor may proceed with the current controlling
operations or operation, as determined by the Engineer, for
at least six (6) hours towards the completion of suer. operation
or operations, unless such work is suspended for cau:. s beyond
the Contractor's control,
Section l
Page 4
~1 CQ4PETENCY OF BIDDERS -Each prospective bidder must file a written notice
of his intention to bid not later than six (6) calendar r\ays prior to the date
designated for the opening of bids as required by Section 103-25, Hawaii
Revised Statutes. ·.
The written notice of intention to bid applies to all construction of
buildings, roads, other field construction work or other public works and, in
conjunction therewith, the furnishing and installing of :furniture, equipment
appliances, materials and any combination of these items. The notice of inten-
, tion to bid does not apply to the mere :furnishing and installing of :furniture,
equipment, appliances, and any combination of these items.
The written notice of intention to bid is to be filed in the office of
the Engineer in the County Building at Hilo, Hawaii, not later than 4:30 p.m.
of the Friday preceding the Thursday of the bid opening, unless otherwise
instructed in the Notice to Contractors. It the notice is mailed the hoUr
of posting must be stamped by the postal authorities and be prior to 12 mid-
night of the Friday descz:ibed above. Commercial meter stamp on mailed notices
will not be accepted should the mailed notice arrive after the deadline des-
cribed above.
It two (2) or more prospective bidders desire to bid jointly as a joint
venture on a single project, they must :file an affidavit of joint venture with
the Engineer, and such affidavit of joint venture will be valid only :for the
specific project for which it is filed.
The Engineer may, in accordance with Section 103-25, Hawaii Revised
Statutes, require the prospective bidder to :file a "Standard Questionnaire
and Financial St,atement for Bidders" 1 on the :form provided by the Department
properly executed and notarized, at leaat :forty-eight (48) houra prior to the
time advertiaed for the opening of bids. It the information in the question-
naire provea satisfactory, the bidder~s proposal will be received. The question-
naire )'I±J:l·be returned ·t:o. tha.:bidddr.,·atit~r .;tot· has:· served ii>s ·turpose'.'
It upon review of the questionnaire, or otherwise, the bidder appears
not fully qualified and able to perform the intended work, the Engineer shall,
after affording the bidder an opportunity to be heard and if still of the
opinion that the bidder is not tUlly qualified to perform the work, refuse to
receive or to consider any bid offered by the prospective bidder.
a:2, DISQY.A!JFICATim! OF BIDDERS -Any one or more of the following causes
will be considered as sufficient for the disqualification of the 'tiidder.:
1. Non-compliance with Section 2.1 11COHPETENCY OF BIDDERS".
2. Evidence of collusion among bidders.
3· Lack of responsibility and cooperation as sho~m by past work.
4• For being in arrears on existing contracts with the County of Ha~laii,
or having defaulted on a previous contract.
Section 2
Page 5
6.
?.
s.
Lack of proper eouipment and/or sufficient experience to perform
the work contemplated as revealed by the Questionnaire.
No contractor's license or a contractor's license which dces not
cover type of work contemplated.
More than one proposal for the same work from an individual, firm,
partnership, corporation or joint venture under the same or
different name, .
For delivery of bids after the deadline for receiving bids.
2.J INTERPRETATI,O.!iQF: . .Q.ll.AJJ:l'ITIE.§_;rn' ~.§S:JiEJ;lULE -When quantities for
individual items of work are listed in the proposal form for which respective
unit prices are asked, said quantities are to be considered as approximate and
are to be used by the Department only for the purpose of comparing on a uniform
basis bids offered for the work and the undersigned agrees that he is satisfied
with and will at no time dispute said estimated quantities as a means of compar-
ing the bids.
After determining the low bidder by comparison of bids submitted in
accordance with the proposal form and Subsection 3.1 -'CONSIDERATION OF
PROFOSALS" in these specifications, the right is also especially reserved to
increase or decrease the scope of the improvement, subject to the provisions
of Subsection 4. 2 -"CHANGE",
On UNIT PRICE bids, payment will be made only for the actual number of
units incorporated into the finished project at the UNIT PRICE bid.
It is understood and agreed that the contractor will make no claim for
anticipated profit or loss of profit due to the Department's right to eliminate
entirely some or to increase or decrease any or all of the quantities shown in
the proposal form.
2. 4 EXAl,:ITJ'IATION OF PLANS, SPE.Qit:tCAIIONS AND. SITE...QLl'IQfi! -The bidder shall
examine carefully the site of work contemplated and the proposal, plans, speci-
fications and contract form therefor. It will be assumed that the bidder has
investigated and is satisfied as to the conditions to be encountered, as to the
character, quality, and quantities of work to be performed and materials to be
furnished, and as to the requirements of these specifications and plans and
contract.
No extra compensation will be ziven by reason of the Contractor's
misunderstanding or lack of knowledge of the requirements of the work to be
accomplished or the conditions to be encountered in performing tt.e project or
by reason of the occurrence or discovery of unforseen develofments or
conditions.
l·Jhere an investigation of subsurface conditions has been made by the
Department in respect to foundation or other design, the bidders may inspect
the records of the Department as to such investigation, including examination
of samples, if any, at the office of the Engineer, Hila, Ha~1aii.
Section 2
Page 6
·lo/hen the contract plan includes a log· of test borings showing a record
of the data obtained by the Department's investigation of subsurface conditions,
said log represents only the opinion of tile Department as to the character of
material encountered by it in its test boririgs and there is no warranty, either
expressed or implied, that the conditions indicated are representative of those
existing throughout the work or any part of it, or that unforseen developnents
may not occur.
Information respecting the site of the work given on the drawings or
specifications has been obtained by the Department and is believed to be reason-
ably correct, however, it is the responsibility of the bidder to verity all
such information Any utilities that the Contractor encounters during the
progress of the work, such as telephone ducts, electric ducts, water lines,
sewer lines, electric lines and drainage pipes, whether sho1m or not on the
contract plans, shall not be dist~rbed or damaged unless otherwise instructed in
the plans and specifications, The Contractor shall investigate, by actual
digging in the field, the location of the utility lines and their branch and
service lines.
In the event the utilities are damaged or disturbed by the Contractor,
the Contractor shall be held liable for the damaged or disturbed utilities which
were:
a, Shown on the plan or called for in the specification
b. Located and exposed on the job as it progressed
c. Pointed out to the Contractor in the field
The contractor shall repair the damaged or disturbed utilities to the existing
condition at no cost to the County or the project, Any damage claims due to the
disruption of service caused by the utilities being damaged shall be paid by the
Contractor who shall save harmless the County from all suits, actions or claims
of any character brought on account of such damages.
In the event utilities which were not shown on the plans and specifications
are damaged or disturbed by the Contractor, the Contractor shall not be held
liable but shall notify the Engineer Upon instruction from the Engineer, the
Contractor shall repair all damages which shall be considered to be additional
work as covered by Section 4-2(c). "ADDITIONAL v/ORK". The Contractor shall have,
however, checked with and verified utility locations with the respective agencies •
Utilities which must be relocated due to construction and not indicated
in the plans and specifications shall also be considered to be additional 1'/0rk
as covered by Section 4.2(c) "ADDITIONAL \;TORK" •. The Contractor shall not in
any case if he encounters underground utilities proceed with any work until he
has notified the Engineer.
No information derived from such inspection of records ~tl· '.subsurface
investigations made by the Department or from the Engineer o~ from his autho-
rized representative or from maps, plans, specifications or dra1·.d.ngs 1·ri.ll in ·
any way relieve the Contractor from any risk or from properly fulfilling all
the terms of the contract, The log test borings if included in the plans are
only for the convenience of the bidder and do not constitute a part of the
contract.
Section 2
Page 7
U . .J.QP..El'l.D...!U. BU.I.;I.JkTJJI~ .4.I'ilL~N'Iii.&.~J.AT.IOl·!~. -No interpretation of the meaning
of the plans, specifications or other pre-bid documents will be made to any
,bidder ora11~, before the opening of bids. Discrepancies, omissions, or doubts
as to the meanin~ of drawings and specifications should be communicated in
writing to the Engineer for interpretation.
Every request for such interpretation should be in writing addressed to
Clll,El\ .. El~G.:tJ:!E,EJ~:.. DG;~A~TI{ENT . ..Qf. .BJ~J4.Q.j'[Q.!l!g3,, at ~i._!\.!!B11ii_$..T.RE:ID'~. HIJQ~HA)'LAll
96720. Any interpretation, if made, and any supplemental instructions ~till be
in the form of written addenda to the specifications which, if issued, will be
mailed to all prospective bidders (at the respective addresses~islied' .. f'or
such purposes), not later than five (5) days prior to the date fixed for the
opening of bids. Failure of any bidder to receive any such addendum or inter-
pretation shall not relieve such bidder from any obligation under his bid as
submitted. All addenda and bulletins so issued shall become part of the
contract documents.
2. 6 G.QHT~NJ.§._QF PRQJ:P.~& f~ -Prospective bidders will be furnished ~lith
proposal forms giving the location, description, and the contract time of the
work contemplated for which a lump sum bid price is asked or containing a
schedule of items, together with estimated quantities of work to be performed
and materials to be furnished, for which unit bid prices and/or lump sum bid
prices are asked .
. w._. P.REP.AJlATIQ!i.O.f. l'JiO.PQS_A1 -The bidder's proposal must be submitted on the
proposal form furnished by the Department. The proposal must be filled in,
in full accordance with the instructions thereon. The bidder must state the
prices (written in li!k or typed, l:>oth in words and numerals) for which it is
proposed to do each item of work contemplated. The bidder shall sign the
proposal in the spaces provided. If the proposal is made by an individual,
his name and post office address must be shown. If made by a firm or partner-
ship, the name and post office address of each member of the firm or partner-
ship must be shown. If made hy a corporation, the proposal must show the name,
titles and business address of the president, secretary, and treasurer and
also evidence showing the authority of the bidder to enter on behalf of said
corporation into contract with the County in the form of a corporate resolution.
If made by a joint-venture, the name and post office address of each member of
the individual firm, partnership, or corporation comprising the joint-venture
must be shotm with other pertinent information required of firms, partnerships
or corporations as the case may be Bids signed in behalf of a corporation
must be impressed ~lith corporate seal if the corporation has a seal. If the
co;-poration has no seal,. this fact should be noted .
. ~B. .. !"P.QE)_S_A_I,_.Q\1.&->l.M.JTY -No proposal will be considered unless acco1:1panied
by one of the follo~1ing forms of bidder's security; a cashier's check or
certified check on a solvent bank doing business t·lithin the State or a bidder's
bond executed by an approved surety insurer, made payable at sight to the l·;a:,'or
in the manner, form and amount required by Section 103-28 to 103-31 inclusive,
Ha~taii Revised Statutes. The proposal guara.'1ty shall be equal to five percent
(5%) of the total amount of the bid subl!'itted provided, hov:ever, that if the
amount of the bid exceeds FIFTY TEOUSP2-1D DOLLARS {[~50,0CO.OO), the said surety
bond, cashier; s check or certified check shall be for 1'1'10 THOUSAl'D FIVE
h'UHDRED DOLLARS ($2, 500.00) plus hm percent (2%) of the amount in excess of
Section 2
Page S
FIFTY THCUSAJID DOLLARS ($50,000.00). In case alter~ate bids are required, the
amount of the surety bond, cash, cashier's check or certified check shall be
based on "the highest alternate bid submitted.
The successful bidder's check or Bid Bond will be retained until he has
entered into a satisfactory contract and has furnished the required contract
Performance Bond. Failure to i'llrnish a satisfactory Contract Performance Bond
within the specified time may be detennined to be abandonment of the contract
by the bidder and forfeiture of the Certified Check or Bid Eond as Liquidated
Damages to the County. The County i'urther reserves the right to hold the
Certified Checks or Bid Bond of the three lowest bidders, until the successful
bidder has entered into a contract and has furnished the required Performance
Bond.
2.9 DEIJVERI_Qf PROPOSALS -The entire proposal shall be placed together with
the proposal guaranty, in a sealed envelope not smaller than 4-3/4" x 11 11 , so
marked as to indicate the identity of the project, the project number, the date
of the bid opening and the name and address of the bidder and then delivered
as indicated in the Notice to Contractors. Proposals will be received up to
the time fixed in the public notice for the opening of bids and must by that
time be in the hands of the of!icials indicated.
~.10 viTTHDRAWAL OF PROPOSALS -Any bid may be withdrawn at any time prior to,
but not after, the time fixed in the public notice for the opening of bids,
provided that a request in writing, executed by the bidder or his duly authorized
representative, for the withdrawal of such bid is filed with the Engineer. The
withdrawal of a bid shall not prejudice the right of a bidder to file a new bid.
l'lhether or not bids are opened exactly at the time fixed in the public notice
for opening bids, a bid will not be received after that time, nor may any bid
be withdrawn after the time fixed in the public notice for the opening of bids,
unless contract a~tard is delayed for a period of over sixty (60) days.
a.l.J. PUBUC OPENING OF PBOPO§..~-Proposal.s will be opened and read publicly
at the time and place indicated in the Notice to Contractors. Bidders or their
authorized agents are invited to be present.
2.•;\;2 · DEFOSIT AND REFUND E$lli_PL~ ~__J;PECIFICATI~ -All plans and specifi-
cations may be obtained from the office of the Chief Engineer, County Building,
25 Aupuni Street, Hilo, Hawaii 96720 upon a deposit of the specified amount as
stipulated in the Notice to Contractors. !1inimum deposit shall be $25.00.
The deposit shall be refunded upon the return of the complete plans and
specifications, provided that they are returned 1-lithin thirty (30) consecutive
calendar days after the date designated for the opening of bids. No refund
shall be made after the expiration of this period. The plans and specifications
are the property of the County of Hawaii on loan to the bidder until bids are
due. Bidders, should they decide not to submit bid, are requested to return
the plans and specifications lthen such decision is made. The deposit shall not
be construed to be the purchase price of any part of these documents.
Section 2
Page 9
SECTION '3 -~iAJm,.A!_JD EXECUTIQJi .QL£.Q!ITlih£1
J.:.l. CONSIDERATION OF PROPOSALS -After the proposals are opened and read,
the figures will be extended and/or totaled in accordance with the bid prices
of the acceptable proposals and the totals will be compared and the results of
such comparison shall immediately be made public. In the comparison of bids,
words written :l..il'the proposals will govern over figures and unit prices will
govern over totals. Until the EWard of the contract, however, the rigbt ~
be reserved to reject any and all proposals and to waive any defects as us be
deemed best for the interest of the County.
'3.2 REJECTI.Qt:L.QL.PIDPOSAI§.-Any and all proposals may be rejected if they
show any non-compliance with applicable law, alteration of form, additions not
called, conditional bids, incomplete bids, uninitialled erasures, other defects,
or if the prices are obviously unbalanced, or if sufficient funds are not
available to prosecute the work. The Engineer reserves the right to waive any
informalities to bids received, when such is found to be in the best interest
of the County.
wben proposals are signed by an agent, other than the officer or officers
of a corporation authorized to sign the proposal on its behalf or a member of
a co-partnership, a Power of Attorney must be on.file with the Department of
Public Works prior to opening of bids, or it shall be submitted with the
proposal, otherwise, the proposal will be rejected as irregular and unauthorized.
'3.'3 A\fARD OF CONTRACT-The award of contract, if it be awarded, will be :ade
within sixty (60) consecutive calendar days after the opening of the proposals
to the lowest responsible bidder (including the alternate or alternates which
may be selected by the Engineer in the case of alternate bids) whose proposal
complies with all the requirements prescribed, but in no case will an awanl be
made until all necessary investigations are made. The Engineer may at his
discretion, after determining the lowest responsible bidder, negotiate with
such bidder to reduce the scope of work and to award the contract at a price
which reflects the reduction in the scope of work (Act 92/S.L.H. 1969).
No contract will be awarded to any person or firm suspended under the
provisions of Chapter 104 and Chapter 444, Hawaii Revised statute, as amecded.
The contract will be drawn on the forms shown in Appendix A, which w1ll
be furnished by the Engineer.
'3.1. RETURN OF PROPOSAL GUARAJ\lTIES -11ithin ten (10) consecutive calendar days
after the award~·the contract, the Department will return the proposal
guaranties accompanying such of the proposals as are not to be considered in
making the award. All other proposal guaranties will be held until the contract
has been fully executed and a satisfactory contract bond posted, after which time
they Nill be returned to the respective bidders ~:hose proposals they acco:pa!'lied.
'3. S REQUIREMENT OF CONTRACT BOtJD -The bidder to whom the contract is a>:arded
shall file a guaranty of thefallhful ):erformance of said contract, a good and
sufficient written bond, this bond and any justification thereto shall cc=fo~
to the provisions of Sections 78-20, 103-34 to 103-38 inclusive and 507-17,
Hato~aii Revised Statutes, unless othertdse provided for in the special provisions
of the project specification.
Section 3
Page 10
The bond shall be satisfactory to the Engineer, and shall be ex~cuted
on fonns similar to the one shown in Appendix B, which will be furnished by
the Engineer. Pursuant to Section 103-34 to 103-38 inclusive, Hawaii Revised
Statutes, if the surety on any bond is other than a surety company authorized
to do business under the laws of the State, the Engineer will also require such
surety or sureties to severally deposit with him certified checks or certifi-
cates of deposit, bonds, stocks or other negotiable securities, or !!Xecute and
deliver to him a deed or deeds of trust, all of such character as shall be
satisfactory to the Engineer, and each surety shall furnish such security to
the full cash value of one hundred percent (100%) of the amount for 1'/hich he
shall have justified. The aforesaid security or securities shall be held :by
the Engineer upon the terms and conditions and with the powers and trusts
specified in said Sections 103-34 to 103-38 inclusive, and 507-17, Hawaii
Revised Statutes.
~.6 EXECUTION OF THE CONTRACT -The contract shall be signed by the success-
ful bidder and returned, together with a satisfactory contract bond, ~dthin ten
days, not including Sundays and legal holidays, after the bidder has received
his contract for execution. No proposal or contract shall be considered binding
upon the County until the contract has been fully executed in accordance with
Section 13-13, Hawaii County Charter and Section 103-39, Ha1~aii Revised Statutes.
1.7 FAILURE TO EXECUTE THE CO~ITRACT -If the bidder to whom a contract is
awarded shall fail or neglect to enter into the contract and furnish satis-
factory security within ten consecutive calendar days after such award or with
such further time as the Engineer may allow, his surety bond shall be de.clared
forfeited and the Surety Corporation (made a party thereto) shall pay to the
Engineer the full amount of said bond; or the Engineer shall retain the amount
of his deposit or legal tender of certificate of deposit or certified check
and utilize the same as a realization to the County. The Engineer may there-
upon award the contract to the next lowest responsible bidder or may call for
bids, whichever method he may deem is to the best interest of the County •
.J..,S SCHEDULE OF ~RICES -Unless the proposal requires unit price bids on all
items in this project, the successful bidder will be required, after the a~rard
of contract to submit a schedule of prices for the various items of construc-
tion which make up portions of the project included in the contract. The sum
of the prices submitted for the various items must equal the lump sum bid in
the bidder's proposal. This schedule will be subject to the approval of the
Engineer and he reserves the right to reject same and require the bidder to
submit another or several other schedules if in his opinion the prices are
unbalanced, This schedule of prices shall be used for the purpose of
determining the value of monthly payments due the Contractor for work installed
complete in place. The Engineer shall estimate at the close of each month the
percentage of work completed under each of the various construction items during
such month, and the Contractor shall be paid said percentage of the price
established for each item less a 5% retention. See also Section 9.6.
Section 3
Page 11
J.9 .!:!.Q.TICE TO PROCE~ -After the contract is fully executed and signed by
the Mayor, the Contractor will be sent a formal ''Notice to Proceed" by the
Engineer advising the Contractor of the date on which he may proceed with
the work. The Contractor shall be allowed ten (10) working days from said
date to begin his.wo~k~ In the event that the Contractor refuses or neglects
to start the work, the Engineer shall use the enforcement powers invested in
him by Section 507-17, Hawaii Revised Statutes.
In the event that the Contractor desires to commence his operations prior
to receipt of a formal notice to proceed, he may do so by asking the permission
of the Engineer in writing. As such, all work performed, shall be conducted
in accordance with Subsection 8.1 -"PROSECUTION OF WORK". ·
In the event the notice to proceed for a project ld.th a fixed contpletion
date is not issued within thirty (30) consecutive calendar days after award,
the Contractor will be allowed an extension of time equal to the number of
calendar days delayed after the thirtieth (30) day. ·
1.10 ~0~~~ -Should the Engineer find that a project is of such nature
that it does not require formal advertising pursuant to Section 103-22 to
103-23, Hawaii Revised Statutes, he may then call for informal bids in
accordance with the plans and specifications issued for the preparation of
such bids.
Section 3
Page 12
•
SECTION I. -SCOPE ·OF !o'ORK ---.... ·-
1...1 INTEJ!! OF PL.A!.§. AND SPECIFl,C,!Tl,9~ -It is i.'ltended that the plans and
specifications shall include everything requisite and necessary to the proper
and entire completion of the· work, notwithstanding that every item necessarily
involved by the work is not particularly mentioned; all work t'lhen completed is
to be delivered to the County in a perfect and undamaged state. The Contractor
shall comply with the obvious intent and meaning of these specifications which
shall be construed to include all labor and materials, measures and modes of
work necessary to complete the work herein specified in a workmanlike manner
and to the satisfaction of the Engineer.
Jt..2 CJW!!.E.~ -The Engineer reserves the right subject to the approval of the
Director of Finance and the Mayor, to make such alterations, deviations,
additions to or omissions from the plans and specifications, including the
right to increase or decrease the quantity of any item or portion of the work
or to omit a.ny item or portion of the work as may be deemed by the Engineer
to be necessary or advisable and to require such extra work as may be deter-
mined by the Engineer to be required for the proper completion or construction
of the whole work contemplated.
Any such changes will be set forth in a change order ~:hich will speci.fY,
in addition to the work to be done in connection ldth the change, adjustment
of contract time, if any, and the basis of compensation for such work. All
detailed cost breakdowns shall be submitted to the Engineer within ten (10)
consecutive working days from the date of such written requests in a format
similar to that as shown in Appendix C. A change order will not become
effective until approved by the Engineer, Director of Finance and the Mayor.
Upon receipt of a change order, the Contractor shall proceed with the
ordered work. If ordered in writing by the Engineer, the Contractor shall
proceed with the work so ordered prior to actual receipt of a change order
therefor.
(a) Incre~sed or Decreased Oua~.n~t~~·t~i~e~s
1. UniLPrice 1-lork -The Engineer reserves and shall have the
right to make such chanBes, from time to time, in the plans
the character or quantity of the work as may be considered
necessary or desirable to complete fu~· and acceptably the
proposed construction in a satisfactory manner, provided
such alterations do not change the total cost of the project,
based on the originally estimated quantities and the unit price
bid, by more than tt-~enty··five (25) percent, and provided
further that such alterations do not cr.ange the total cost of
any major item, based on the originall0 estimated quantities
and the unit price bid, by more tha.'l t>:enty-five (25) percent.
Section 4
Page 13
(A major item shall be construed to be any itec, the total cost
of which is equal to or greater than ten (10) percent of the
.total contract price, computed on the basis of the propo5al
quantity and the contract unit price.) Should it become necessary
for the best interest of the County to make changes in excess of
that herein specified, the same shall be covered by an amendment.
The Contractor shall not start work on any alteration requiring
an amendment until the agreement setting forth the adjusted
prices shall be executed by the County and the Contractor.
Should any of the changes not requiring an amendment be made as
provided herein, the Contractor shall perform the work as altered,
increased or decreased at the contract unit price or prices.
In case a satisfactory adjustment in price cannot be reached for
any item requiring an amendment, the County reserves the right
to terminate the contract as it applies to the items in question
or perform this work by force accolmt as outlined in Section 9.4(b)
"FORCE ACCOUNT WORKt• or make such arrangements as may be deemed
necessary to complete the work.
2. lll.lllll. Sum WoJ.:!s -Increases or decreases in projects for which a
lump sum price is asked will not be made on the basis of a certain
percentage over or under the original lump sum price bid for the
project. The cost of increased or decreased work will be
determined in accordance with Subsection 4.2(c).
(b) Omitted :);tel!!§ -Should any contract item of the work be omitted by
the Engineer in its entirety, in the absence of a contract change
order covering such omission, payment will be made to the Contractor
for actual and direct costs, excluding overhead and profit incurred
in connection with such omitted contract item if incurred prior to
the date of notification in writing by the Engineer of such omission,
except as hereinafter provided for costs of handling materials.
If acceptable material is ordered by the Contractor for the omitted
item prior to the date of notification of such omission by the
Engineer and if orders for such material cannot be canceled, it
will be paid for at the actual cost to the Contractor, excluding
overhead and profit. In such case, the material paid for shall
become the property of the Count:~• and the cost of a:rry further
handling will be paid for as extra Nork as provided in Subsection
4.2(d). If the material is returnable to the vendor and if the
Engineer so directs, the material shall be returned and the Contractor
will be paid for charges made by the vendor for returning the material,
excluding any markup for overhead and profit to the Contractor. The
cost of handling returned material h~ll be paid for as extra work as
provided in Subsection 4.2(d).
Section 4
Page 14
(c) Additional lvork -New and unforseen ~10rk ~rill be classed as additional
work when determined by the Engineer that such work is not covered by
any of the various items for which there is a bid price or by combina-
tions of such items. In the event portions of such work are deter-
mined by the Engineer to be covered by some of the various items for
which there is a bid price or combinations of such items, the remaining
portion of such work ~till be classed as additional work. Additional
work also includes work specifically designated as additional or
extra work in the plana or specifications.
The Contractor shall do such additional work and furnish material
and equipment therefor upon receipt of an approved ch~ order or
other approved written order of the Engineer; and in the absence of
such approved change order or other approved written order of the
Engineer, he shall not be entitled to payment for such additional
work. 1ihere such additional work is ordered by a written order other
than a change order, the Engineer will as soon as practicable issue a
change order therefor.
Compensation for this change order shall be determined as follows:
1. 'l'he Contractor shall carefully examine the additional 'lo'Ork
requested and submit detailed cost breakdowns within ten
(10) working days ·for material, equipment and labor for the
Engineer's approval. An applicable percentage for insurance
and fringe benefits will be allowed for labor. To the total
cost estimate, a 15% overhead and profit will be allowed to
the firms doing the actual work. In addition, a 10% overhead
and profit will be allowed the General Contractor only on the
cost estimate of a subcontractor. The applicable State tax will
be allowed.
2. Should the Engineer find that the Contractor's cost estimate
is unreasonably high or incorrect, he will so notifY the
Contractor to re-examine the additional work and resubmit
revised detailed cost breakdowns within ten (10) consecutive
working days.
3· Should the Engineer find that the Contractor's revised
detailed cost breakdowns are still unreasonably high or
incorrect, he will issue a change order based on his cost
estimate. Should the Contractor disagree with any terms or
conditions set forth in. a change order 11hich he has not executed,
he shall submit a written protest to the Engineer within 5 days
after the receipt of such change order. The protest shall state
the points of disagreement, contract specification references
and, if possible. the quantities and costs invol\~d. If a
written protest is not submitted ~lithin said five (5) days
period, the change order shall be deemed unprotested, arA payment
will be made as set forth in the change order and such payment
shall constitute full compensation for all 11ork included therein
or required thereby. Such unprotested change orders 'nll be
considered as executed change orders.
Section 4
Page 15
4. Should the protest concerning the change order be unresolved,
the County reserves the right to perform this l'lork by force
account as outlined in Section 9 .4{b) "FORCE ACCOUNT VIORK"
or make such arrangements as may be deemed necessary to complete
the work.
5. v~en the protest concerning a change order relates to the
adjustment· of contract time ior the completion of the work,
the time to be allowed therefor will be determined as provided
in Subsection 8.8.
(d) Decreased_p.r...Peleted 1-lor)$ -Should it become necessary for the best
interest of the County to decrease or delete a portion of the work
called for in the contract, a change order shall be issued and a
rebate for this change order shall be as outlined in Subsection 4.2(c).
(e) ~rse Account.~-If a change order is protested, work performed
shall be paid in accordance with Subsection 9.4(b) "FORCE ACCOUNT
WORK" and all force account work shall be under the supervision of
the County unless othenlise directed in writing. Before any force
account work is carried .out, the Contractor shall submit labor
insurance rates and equipment rental rates for the Engineer's
approval.
4.1 MAINTENANCE OF TRAFFIC -The Contractor shall plan and prosecute !lis lrork
when the construction involves closing or relocation of any local road or.high-
way so that traffic will be hindered to a minimum. Unless otherwise stated in
the plans or special provisions, through traffic over local, State or U.S.
highways, will be detoured away from the work underway and over marked detours
of temporary roads to be maintained by the Contractor at the direction of the
Engineer and at no cost to the County,
Wherever and whenever possible, roads or highways shall be kept open to
permit at least one-way traffic. The Contractor shall provide temporary
traffic bridges to accommodate one traffic lane and to provide access to
private driveways when trenches cross said driveways. The temporary traffic
bridges shall be constl'Ucted so that their decks are flush Nith the pavement,
in accordance to standard practice, and shall be maintained free from projecting
nails, splinters or rough edges. The cost of such bridges shall be included in
the price bid for the various items of the project.
4.4_.SAFETY REGULATIOn -All machinery, equipment, etc., and other hazard shall
be properly guarded in accordance ~lith safety rules and regulations of the
State and provisions of the i'lanual of Accident Prevention in Constructior.
published by the Associated General Contractors of America, in so far as they
are applicable. The General SafetJ• Code, Rule XX, presented by the Corn.ission
of labor and Industrial Relations adopted July 18, 1956 a.11d effective January
1, 1957, is applicable and made a part of the contract. The Contractor shall
carefully read and strictly comply ld.th its requirements.
Section 4
Page 16
.6.i....l.~~ CU:,@lll.'LllE -Before final inspection of the work, tl:e Contractor
shall clean all ground occupied by the Contractor in connection with the work
of all rubbish, excess materials, temporary, structures and equip!!il!nt, and all
parts of the work left in a neat and presentable condition to the satisfaction
of the Engineer. However, the Contractor shall not remove any warning and
directional signs prior to the formal acceptance by the Engineer. Full
compensation for final cleaning up will be considered as included in the prices
paid for the various items of work or lUIIlp sUIIl bid, as the case may be, and
no separate payment will be made therefor,
Section 4
Page 17
SECTION '5 -CO!IJTROL OF toJ'ORK
i•l AUT~ORITY OF THE EN~~_B -The Engineer shall decide all questions
which may arise as to the quality or acceptability of the materials .fUrnished,
~rork performed, as to the manner of performance and rate of progress of the
work, as to the interpretation of the plans and specifications, as to the
acceptable fulfillment of the contract on the part of the Contractor. as to
compensation and as to mutual rights between Contractors. His decisions shall
be final and he shall have authority to enforce such decisions and orders as
the Contractor fails to carry out. He shall have the following powers in the
way of enforcement:
(a) The right to suspend the work
(b) The right to withhold payment due the Contractor
'5.2 AUT~~~_Jl~S~QB-Inspectors, employed by the County shall be
authorized to inspect all work done and all materials furnished. Such inspec-
tion may extend to all or any part of the work, and to the preparation, fabri-
cation or manufacture of the materials to be used. The inspector is authorized
to call the attention of the Contractor to any failure of the work or ~terials
of the contract. He shall be the authority to reject materials or suspend the
~rork until any questions at issue can be referred to and decided by the Engineer.
The inspector shall in no case act as foreman or perform other duties for
the Contractor, nor interfere with the management of the work by the latter.
Any advice which the inspector may give the Contractor shall in no way be
construed as binding to the Engineer in any way, or releasing the Contractor
from fulfilling all of the terms of the contract. The inspector also shall
not be authorized to revoke, alter or waive any requirements of the contract.
The inspector shall have the authority to suspend operations by issuing
a written order giving the reason for shutting down the work. After placing
the order in the hands of the man in charge, the inspector shall immediately
leave the job, Work done during the absence of the inspector will not be
accepted nor paid for.
i· '3 PLANS AND SHOP DRAWINGS -
(a) Contract Plans -Contract plans furnished by the County shall consist
of general drawings and show such details as are necessary to give a
comprehensive idea of the construction contemplated. Roadway plans
sho~1 alignment, profile, grade and typical cross-sections of improve-
ment. Structure plans, in general, show in detail all dimensions of
the work contemplated, show general features and such details as are
necessary to give a comprehensive idea of the structure. Building
plans, in general, show exterior and interior elevations, plot plan
and such details as are necessary to give a comprehensive idea of
the building. Deviations from the plans and the dimensions therein
given, whether or not error is believed to exist, shall be made
only after written authority is obtained from the Engineer.
Section 5
Page 18
{b) Shoo Dr!!:.•lin.s,s -The Contractor shall prepare, thoroughly cl:eck, :nd
submit to the Engineer such shop drawings as may be required to shew
in detail all parts of the permanent uork. In the case of rcadv:zy 1
parking area and stream improvement contracts the shop dra1d .. !1gs
shall include but not necessarily be limited to cribs, cofferd~,
falsework and centering and other items as may be required and
requested by the Engineer. In the case of building contracts, shop
drawings shall include falsework, bracing, form11ork, masonry l.aputs,
design and bending diagrams of reinforcement bars, and diagrams for
concrete reinforcement. Shop drawings for structural steel and llill-
work shall consist of fabrication details, erection drawings and
other working plans necessary to show the details, dimensions, sizes
of members, anchor bolt plans and other information necessary for the
complete fabrication and erection. The Contractor shall also furnish,
where necessary or required or as requested by the Engineer, shop
drawings showing information on the details and dimensions for all
miscellaneous installations of material or equipment furnished ~
installed by the Contractor.
The Contractor shall submit six (6) complete sets of all shop d~tings
for approval·. Full compensation for furnishing the six (6) sets of
shop drawings shall be considered as included in the prices paid for
the various contract items of work, and no additional allowance o1ll
be made therefor.
It is the responsibility of the Contractor to submit shop drawings
for approval as required at the earliest possible date after the
date of Notice to Proceed in order to meet their construction
schedule. Delays caused by the failure of the Contractor to sul::mit
shop drawings will not be considered as justifiable reasons for
contract time extension.
It shall be expressly understood that approval· by the Engineer of
the Contractor's shop drawings does not relieve the Contractor of
any responsibility for accuracy of dimensions and details and for
mutual agreement of dimensions and details and for agreement and
conformity of shop drawings and the contract plans. It is further
understood that the approval by the Engineer of the Contractor's
shop drawings, whether general or detailed, is a general approva:
relating only to their sufficiency and compliance with the inten-
tion of the contract and shall not excuse or constitute a waiver
of errors, discrepancies or omissions.
{c) Descriptive Shee~-The Contractor shall submit to the Engineer
six {6) complete sets of descriptive sheets such as brochures,
catalogs, illustrations, etc., which will completely describe the
material, product, equipment, furniture or appliances to be used
in the project as shown in the plans and specifications. It is
the responsibility of the Contractor to submit descriptive sheets
for approval as required at the earliest possible date after the
Section 5
Page 19
date of notice to proceed in order to meet their construction
schedule. Delays caused by the failure of the Contractor to
submit descriptive sheets as reouired will not be considered as
justifiable reasons for contract time extension.
(d) l.fR.terial SIU!lples and Color Si!!DPles -The Contractor shall submit
to the Engineer samples of the materials and color selection
samples. It is the responsibility of the Contractor to submit
material and color samples for approval as required at the
earliest possible date after the date of notice to proceed in
order to meet their construction schedule. Delays caused by the
failure of the Contractor to submit material and color samples
will not be considered as justifiable reasons for contract time
extension.
i·J. COORDINATION OF CONI'RACT DOCUMENTS -These General Requirements and
Covenants, plans, proposals, special provisions, technical specifications,
change orders, addenda and amendments are essential parts of the contract, and
a requirement occurring in one is as binding as occurring in all. They are
intended to be correlative and to describe and provide for a complete work.
Where no figures or memoranda are given, the drawings shall be followed
accurately according to scale, subject to the approval of the Fngineer. In
any case of discrepancies in the figures or drawings, the discrepancies shall
be immediately referred to the Engineer without whose decision said discrepancy
shall not be adjusted by the Contractor save only at his ·otm risk; and in the
settlement of any complications arising from such adjustment without the
consent of the Engineer, the Contractor shall bear all extra expense involved.
In case of discrepancy, figured dimensions shall govern over scaled dimensions;
technical specifications shall govern over plans; special provisions and
proposal shall govern over the General Requirements and Covenants.
Where detailed drawings are shown, they will govern insofar as methods
of construction that are not described in the specifications. All drawings on
a scale of 3/S" to the foot or over shall be considered detail drawings.
Schedules for interior work shall also be considered detail drawings.
Within the plan itself, ~ there is a conflict between the architectural
sheets and the mechanical or electrical or structural sheets, etc., the
conflict shall be considered a discrepancy and the Contractor shall immediately
refer same to the Engineer for a decision.
·-S.S INTE~TION . .QF PLAl\JS AND SPECIFICATIO!'§.-Should it appear that the
work to be done or any of the matters relative thereto are not sufficiently
detailed or explained in the plans and specifications, the Contractor shall
appl~· to the Engineer for such further explanations as may be necessary and
shall conform to same as part of the contract, so far as ma;.· be. consistent with
the original plans and specifications; and in the event of any doubt or
questions arising respecting the true meaning of the plans and specifications,
reference shall be made to the Engineer whose decision thereon shall be final.
Section 5
Page 20
COOPERATION BETI·JEEN THE cmrrRACTOR AHD THE DEPARI'HEHT -
(a) Plans ~~p;'clfi_aatiQ!l ~ The Contractor;dii"be supplied up to
twelve (12) copies of the plans and specifications. The Contractor
shall have available on the work, at all times, one copy each of
said plans and specifications; he shall give the work the constant
attention necessary to facilitate the progress thereof and shall
cooperate with the Engineer and with other Contractors in every
possible way.
(b) Qrder h~~-Pony order given by the Engineer, not otherwise
required by the specifications to be in writing, 1dll on request of
the Contractor be given or confirmed by the Engineer in writing.
(c) A.'!!J!orized Reoresent~ive -An authorized representative of the
Contractor shall be present at the site of the work at all times
while work is actually in progress on the contract.
(d) ~eerin~~: \f.s.tk -The Contractor shall, subject to approval of the
Engineer, properly and accurately lay out the work and shall perform.
all engineering work and furnish all engineering materials and equip-
ment required to establish and maintain all lines and grades called
for on the plan or required in the progress of construction, unless
otherwise noted in the specifications. The Contractor will be held
definitely and absolutely responsible for any errors in lines, grades
or elevations and shall at once on instruction from the Engineer
correct and make good such errors or any errors or faults in the work
resulting from errors in engineering perfo:nned under the requirements
of his contract to the entire satisfaction of the Engineer. Full
compensation for the work shall be included in the prices paid for
contract items of work. No additional allowance will be made for
the correction of incorrect engineering work. The Contractor shall
employ a licensed surveyor to lay out the work.
The Engineer shall furnish the requisite bench elevations and shall
indicate to the Contractor the lines and dimensions required by the
Plans. He will also check and pass upon all engineering work as
described above, and his decision as to what work is required, the
!l:ethods to be employed and the satisfactory performance of the same
shall be final.
(e) Use of.....§.i;ructure -The Department shall have the right at any time
during construction of the structure or structures to enter same for
the purpose of installing by government labor or by any other Contractor
any necessary work in the connection with the installation of facili-
ties, it being ·mutually understood and agreed, ho>lever, that the
Contractor and the Department will, so far as possible, ;1ork to the
·mutual advantage of both, where their several •·rorks :.r. the above-
mentioned or in unforeseen instances touch upon or interfere •·lith
each other, The Engineer shall allocate the work and designate the
sequence of construction in case of controversy bet>~een Contractors
on separate projects under County jurisdiction,
Section 5
Page 21
The Department shall also have the right to use the structure,
equipment· or any part thereof, at any time after it is considered
by the Engineer as available. In the event that the structure,
equipment or any part thereof is so used, the County shall be
responsible for all expenses incidental to such use and any
damages resulting therefrom.
If the Department enters the structure for construction and/or
occupancy and the Contractor is delayed bec~•Jse of interference
by the Department or by extra \-IOrk resulting !'rem damage which
the Contractor is not responsible for, the Contractor shall be
granted an extension of time in accordm1ce with Subsection 8,8
"CONTRACT T:n4E 11 • Any additional work necessary will be paid in
accordance with Subsection 9,4 "PAIMENT FOR ADDITIONAL WORK''·
(f) Field Office -Unless otherwise noted in the specifications, the
Contractor shall furnish for use by the Inspectors an approved
weatherproof building. The building shall be located conveniently
near the construction and shall be separated from any building
used by the Contractor, The floor space shall be not less than
150 square feet with a minimum dimension of 10 feet. The ceiling
shall not be less than eight (8) feet. in height, and there shall
be at least three single sash lightir)g ~-1indo~1s with wire mesh
protective screen. The building shall be furnished with a \iOOden
locker large enough for the storing of implements and testing ·
equipment and with one (l) bracketed \iall table at least three (3)
feet by six (6) feet in dimensions. The Contractor shall also
furnish adequate light and po~rer and local telephone service. No
direct payment will be made for eA~ense in com1ection therewith.
The Contractor will also pay all pm·ter and telephon~ bills which are
incurred during construction. The cost thereof shall be included
in the price bid for the various items of the contract,
The Contractor unless otherwise noted in the specifications shall
maintain an office, equipped with a telephone, connected with
local telephone service during the continuance of his contract
and shall have in said office at all times during working hours
a representative authorized to receive drawings, notices, letters
or other communications from the Engineer; and such dra~rings,
notices, letters or other communtcations given• or received by
such representative shall: be. tl~.a!!.ed.t'J;~· ... ·,r~· '.:ecn i;i'.·cn:.to · arld
received by the Contractor.
(g) ~Qiect Si~n -The Contractor shall furnish and place a project
sign(s) where directed. Sign(s) shall be subr;tantially built of
3/4" exterior grade plywood, edged and painted and shall be 4'
high and 8' wide and shall contain approy~tely t.he follovring
minimum:
Section 5
Pag!l 22
* STATE OF HAl'IAII ~ COUNTY OF HA1·1AII
(PROJECT TITLE)
(PFOJECT JOB NO.)
(LOCATION)
(C .I. p, FUIIDING)
(COUNTY AilD/OR *ACT, J SLH __ , ITE!t.. __ _,
MAYOR____ --==:-::---
DEPARI'MENT OF PUBLIC tlORKS-CHIEF ENGINEER: -------
FOR (USING A~C,X)
ARCHITECTS Ai\ID OR ENGINEERS: ------~--~----
GENERAL CONTRACTOR: --··-··-------------
* For projects involving State and County funds.
The Contractor shall submit a layout of the sign before proceeding
with the work, and shall make all request changes. The approved
project sig.n(s) shall be rigidly and firmly braced and securely
attached to the supports and shall be so constructed to withstand
wind pressure of not less than 30 pounds per square foot of area
subject to pressure.
The cost shall be included in the price bid for the various items
of the project.
5.7 COM!{ENCJl:MENT. REO.lJIREMENTS -Prior to beginning operations, the Contractor
shall submit the following to the Engineer for approval:
(a) Superintendent or authorized representatives on the jobsite (See
Subsection 5.6 "COOPERATION BETIVEEN TilE CONTRACTOR A!ID THE
DEPARTMENT").
(b) Working hours on the job (See Subsection 8.2 ''1-IORKING HOURS").
(c) List of subcontractors, if any (See Subsection 7 .l(k) "List of
Joint Contractor and/or Subcontractors").
(d) Breakdown cost for monthly estimates (See Subsection 3.8 "SCHEDULE
OF PRICES;') •
(e) Proof of insurance coverage for the project {See Subsection 7.12
"INSURANCE") •
(f) Progress schedule (See Subsection 8.4 ';PROGRESS SCHEDULEi').
(g) License and per!llits (See Subsection 7.3 "LICENSES AND PERMITS").
Until such time as the above items are approved, the Contractor shall not
be allowed to co=ence on any operations.
2:,8 INSPECTIQJ-1 -The Engineer at all times shall have access to the ~rork during
its construction and shall be furnished ~dth every reasonable facility for
ascertaining at any time that the materials and the ~o.-orkma!'lship are in accorda.!JCe
with the requirements and intentions of the contract. P.ll l·lork done and all
materials furnished shall be subject to his inspection and approval.
Section 5
Page 23
The inspection of the 1-rork shall not relieve the Contractor of any of his
obligations to fulfill his contract as prescribed; and defective ~rork ~-be
made good and unsuitable materials may-be rejected, notwithstanding that such
defective 1-10rk and materials have been previously overlooked b,y the Engineer
and accepted or estimated for payment.
Projects requiring inspection by the County Planning Department, County
Department of Water Supply, State Department of Health, State Department of
Transportation, State Fire Marshall and other agencies shall be subject to the
respective inspection at all times and their respective rules and regulations
shall be complied with.
Projects financed in whole or in part with Federal funds shall be subject
to inspection at all times by the Federal Agency involved and its rules and
regulations shall::be complied with.
7•9 REMOVA!t OF~DEFECTIVE .&NIJ UNAUTHORIZED 1"{Q_~-All 1-1ork which has been
rejected shall be remedied or removed and replaced by the Contractor. in an
acceptable manner and no compensation will be allowed him for such removal
or replacement. Any work done beyond the work limits shown on the plans and
specifications or established by the Engineer or any additional work done
without written authority will be considered as unauthorized and will not be
paid for. Work so done may be ordered removed at the Contractor's expense.
Upon failure on the part of the Contractor to comply promptly with any order
of the Engineer made under the provisions of this subsection, the Engineer
shall have authority to cause defective work to be remedied or removed and
replaced and unauthorized work to be removed and to deduct the costs from any
monies due or to become due the Contractor.
j,.lO FINAL JNSPEC1191:! -Upon notification to the Engineer in 1-~riting by the
Contractor that the project is complete and is ready for final inspection,
the inspectors will briefly inspect the work. If they find that the work is
ready for a final inspection, they will schedule a formal final inspection by
the Engineer which shall be held within ten (10) days after receiving notice
from the Contractor. If, ho"l-tever, the inspectors find that the project is
not ready for final inspection, a final inspection will not be scheduled; and
the Contractor shall be responsible to correct the faults found after which
time he shall again notify the Engineer in writing that the project is ready
for final inspection.
If upon final inspection the Engineer finds that all materials have
been furnished, the work has been satisfactorily performed and the construc-
tion provided for by the contract has been completed in accordance with the
contract, he will declare the project satisfactorily completed and accept the
work. If upon final inspection the Engineer does not so find, the Contractor
shall correct the faults found after which he shall aeain notify the :Engineer
in writing that the project is ready for final inspection.
Section 5
Page 24
If upon final inspection, the Eneineer declares the project satisfactorily
completed and accepts the work, the date of completion will be established by
the Engineer as the date on:which the Contractor notified the Engineer in
writing that the project was ready for the final inspection, after which no
working days will be charged against the contract time, and the Contractor
shall be so notified.
Section 5
Page 25
~1'ION 6 -CONTROL OF HATERI8LS AriD EQUIR·iENT
6.1 HA'I'ERl;AI;§~ EQUI~ -There will be no County-owned materials or
equipment supplied the Contractor, unless so provided for in the plans and
specifications for the project.
6.2 SUBSTITUTION OF ~fATERIALS AND !iiQUI~-
(a) Eefo_:;e B:j.q ~niml; -In any section of the specifications and/or
plans where one or more manufacturers• brand names of materials
or equipment is specified to indicate a quality, style, appearance
or performance, the Bidder will base his bid on one of the specified
brand names, except that where such certain brands are specified,
alternate brahds may also be qualified if found equal or better by
submitting a request to the Engineer for review and approval at the
earliest date possible but in an! event such request shall be
submitted not later than ten (10) days before the opening date of
bids, not including the date of bid opening. If the substitution
requests are hand carried, the bearer shall be sure that the
envelope containing the request or the request itself is time
stamped by the receptionist. If the request is mailed, the hour
of posting must be stamped by the postal authorities and be prior
to 12 midnight of the Monday preceding the week of the bid opening.
Commercial meter stamp on mailed notices will not be accepted should
the mailed requests arrive after the deadline described above.
It shall be the responsibility of the Bidder to submit in five
(5) copies, sufficient evidence such that a determination can be
made by the Engineer that the alternate brands are qualified,
The evidence submitted shall be accompanied by a cover letter of
transmittal which shall give a list of the evidence submitted
and list specifically the items for which the substitution is
requested as shown in the following format:
SECTION
SPECIFIED __ BRAND
SUBSTITUTE OR
ALTERNATIVE BRAND
This privilege to submit further evidence does not apply to re~uests
which are rejected due to non-compliance with specification require-
ments. Once a substitution for an item is rejected due to non-· -
compliance with the specifications and not due to insufficient
evidence, the date of the initial request for substitution cannot
be applied to a subsequent request on the same item.
Substitution requests not complying ~lith the above requirements
will be denied, Substitution requests sent to other agencies
Section 6
Page 26
•
and received ~ the Engineer after the deadline above will also
be denied.
An addendum shall· be issued to the specification to formally
inform the prospective bidders of approved substitution of brand
or brands which are equivalent to those specified and acceptable
for use on the proposed project.
This addendum shall be mailed to prospective bidders five (5)
days before the opening date of bids, not including the date of
bid opening.
(b) After Bid Opening -Substitution of material or equipment will
not be allowed after the bid date except when dictated by the
following unforseen circumstances:
1. If a specified or prequalified item is delayed by a lengthy
strike in the factory or other unforseeable contingency
beyond the control of the Contractor which would cause an
abnormal delay in the project completion, a substitution
will be considered,
2. If a specified or prequalified item is found to be unusable
due to change or other cirsumstances, a substitution will be
considered •
3, If the Contractor is willing to provide a mere recently
developed or manufactured model of material or equipment
of the same name manufacturer which the Engineer determines
to be equal or better than the one specified or prequalified,
a substitution will be considered.
A substitution request, regardless of reason, shall be fully explained
in writing, by the Contractor including his justification fer said request,
quantities and unit prices involved, quotations and such other documents as are
deemed necessary to support the request, Any savings in cost will be rebated
to the County and any additional cost for the substituted items will be paid for
by the Contractor.
The above shall not be construed to mean that substitutions for brand
name specified materials and equipment will be allowed; the Engineer reserves
the right to reject and deny any request he deems irregular or not in the
best interest of the County,
6,1 SOURCE OF SUPPLY OF ~RIAlS -At the option of the Engineer, the
source of supply of each of the materials ma0• be approved by the Engineer
before delivery is started. Representative preliminary samples of the character
and quantity prescribed shall be submitted by the Contractor or producer for
examination and tested in accordance with the methods referred to under samples
and tests.
Section 6
Page 27
•
Only materials conforming to the reouirements of the specifications
and having the approval of the Engineer shall be used in the work. All materials
proposed to be used may be inspected and tested at any time and, if it is fo'Wld
that material that was once approved is unacceptable at any time, the Contractor
shall fUrnish approved material from other sources. No material '11-hich, after
approval, has in any way become unfit for use shall be used in the work.
~.L. TEST ~L~ -The Engineer may reouire any or all materials to be
subject to tests by means of samples or otherwise as he may determine. The
Contractor shall afford such facilities as the Engineer may require for collecting
and forwarding samples and shall not make use of or incorporate in the work
any material represented by the samples until all required tests have been
made and the material accepted. The Contractor in all cases shall furnish
the required samples without charge. In the case of bituminous concrete pave-
ment of any kind, the Contractor shall furnish for tests, when required,
samples cut from the completed work. The areas of pavement so removed shall be
replaced with new mixture and refinished. No additional compensation will be
allowed for furnishing test samples and replacine the areas with ne~l pavement.
Tests of materials will be made by the Engineer in accordance with the
latest methods given in the latest American Society for Testing Materials as
amended prior to date of the contract unless otherwise provided. In cases
where definite identification of a particular test method is necessary or
specifications and serial numbers are stipulated, the test shall be construed
to mean the method given in the abovementioned publication for sampling and
testing the particular material or product· involved. When the abbreviated
reference "ASTM" is used, it shall be considered to refer to the appropriate
section of the abovementioned publication. Where "AASHO" specifications and
serial numbers are stipulated, the reference shall be construed to mean the
specifications and serial numbers of the latest American Association of State
Highway Officials as amended prior to date of the contract.
6. 5 DEFECTIVE MATERIAlS -All. materials not conforming to the requirements
of these specifications shall be considered as defective, and all such materials,
whether in place or not, shall be rejected and shall be removed immediately
from the site of work, unless otherwise permitted by the Engineer. No rejected
material, the defects of which have been subsequently corrected, shall be used
until approval has been given. Upon failure on the part of the Contractor to
comply forthwith with any order of the Engineer made under the provisions of
this subsection, the Engineer shall have the authority to remove and replace
defective materials and to deduct the cost of removal and replacement from any
money due or about to become due the Contractor.
6.6 STORAGE OF MATERIAlS -Materials shall be stored so as to insure the
preservation of their~ity and fitness for the work. Unless otherwise
provided the portion of the project site not required for public travel may
be used for storage purposes and for the placing of the Contractor's plant and
equipment, and any additional space required shall be provided by the Contractor
at his expense. Materials shall not be stored upon the project site except
when and as pennitted by the Engineer. l'.'hen considered necessary by the
Engineer, material shall be placed on ~;ooden platforms or other hard, clean
Section 6
Page 28
surfaces
ground.
shall be
and under no circumstances shall it be in direct contact with the
They shall be placed under cover when so directed. Stored materials
so located as to facilitate prompt inspection,
2.:Z..._MATERIAL SAJQ'LES -The Contractor shall furnish 'for the approval of the
Engineer, any samples reouired by the specifications or that may· be requested
by the Engineer of any and all materials or equipment he proposes to use.
Unless specifically required, samples are not to be submitted with the bid.
No materials or equipment of which samples are required to be submitted
for approval shall be used on the work until such approval has been given by
the Engineer, save only at the Contractor's risk and expense.
Each sample submitted shall have a label indicating the material repre-
sented, its place of origin, and the names of the producer, the Contractor
and the building or work for which the material is intended, Samples of
finished materials shall be so marked as to indicate where the materials
represented are required by the drawings or specifications.
A letter in duplicate by the Contractor shall accompany each shipment
of samples submitted and shall contain a list of the samples, the name of the
building or work for which the materials are intended and the brands of the
materials and names of the manufacturers.
The approval of any sample shall be only for the characteristics or
for the use named in such approval and no other. Approval of a sample shall
not be taken in itself to change or modify any contract requirement.
All samples will be provided by the Contractor at no extra cost to the
project or to the County,
Section 6
Page 29
SECTION 7 -lEGAL RELATIO!~S AiiD RESRlNSIBILITY ---------
7.1 LAN'S TO BE OBSERVED -The Contractor at all times shall observe and
comply with all Federi'l7 state, and local laws or ordinances in any manner
affecting the conduct of work and shall indemnify and save harmless the State
and the County and its representatives against any claim arising from the
violation of any such law, by-law or ordinance by the Contractor, subcontractor,
or by their respective employees. If any discrepancy or inconsistency is
discovered in the plans, drawings, specifications or contract for work in
relation to any such law, ordinance, regulation, order or decree, the Contractor
shall forthwith report the same to the Engineer in writing. All chapters and
sections hereinafter cited are references to the Ha1-taii Revised Statutes.
(a) Hours .of Labor (Section 104-2 -No laborer or mechanic employed
on the job site of any public 14ork of the State or any political
subdivision thereof shall be pezmitted or required to work on
Saturday, Sunday or legal holiday of the state or in excess of
eight· hours on any other day unless he receives compensation for
all hours worked on Saturday, Sunday or legal holiday of the
State or in excess of eight on any other day at a rate not less
than one and one-half times his basic hourly rate of pay. For
the purposes of determining overtime compensation under this
subsection, the basic hourly rate of any laborer or mechanic shall
not be less than the basic hourly rate determined by the Director
of Labor and Industrial Relations to be the prevailing basic
hourly rate for corresponding classes of laborers and mechanics
on projects of similar character in the State.
Where projects are financed by Federal Funds, appropriate Federal
Labor Law shall be applicable.
(b) Prevailin~ Wa~es (Section 104-2) -The Contractor or his sub-
contractor shall pay all mechanics and laborers employed on the
job site, unconditiona.ll.v and not less often than once a week,
and without deduction or rebate on any account, except as allowed
by law, the full amounts of their wages including overtime,
accrued to not more than five (5) working days prior to the time
of payment, at wage rates not less than those stated in the contract,
regardless of any contractural relationship which may be alleged
to exist between the Contractor and subcontractor and such laborers
and mechanics. The wages stated in the contract shall not be less
than the wages 11hich the Director of labor and Industrial Relations
shall determine to be the· prevailing wages for corresponding
classes of laborers and mechanics on projects of similar character
in the State.
The rates of wages to be paid shall be posted by the Contractor
in a prominent and easily accessible place at the job site and a
copy of such wages required to be posted be given to each laborer
Section 7
Page 30
and mechanic employed under the contract by the Contractor at the
time he is employed, provided that where there is a collective
bargaining agreement the Contractor does not have to provide his
employees the wage rate schedules.
The Engineer may withhold from the Contractor so much of the
accrued payments.as the Engineer may consider necessary to·
pay to laborers and mechanics e~loyed by the Contractor or any
subcontractor on the job site. The accrued payments withheld
shall be the difference between the wages required by this contract
and the wages actually received.
In accordance with the provisions of Section 103-54, the bidder
shall submit the requisite certification relative to conditions
of employment and shall comply with said conditions during the
period of the contract.
(c) fm:olls i¥)d P;wroU Recow (Secti,on .. l04-3) -A certified copy
of all payrolls shall be submitted weekly to the Engineer. The
Contractor shall be responsible for the submission of certified
copies of payrolls of all subcontractors. The certification
shall affirm that payrolls are correct and complete, that the wage
rates contained therein are not less than the applicable rates
contained in the wage determination decision contained herein and
also that the classifications set forth for each laborer and
mechanic conform with the work he performed.
Payroll records for all laborers and mechanics working at the site
of the work shall be maintained by the General Contractor and his
subcontractors, if any, during the course of the work and preserved
for a period of three years thereafter. Such records shall contain
the name of each employee, his correct classification, rate of pay,
daily and weekly number of hours worked, itemized deductions made
and actual wages paid. Such records shall be made available at a
place designated by the Engineer, Director of Labor and any authorized
persons thereof for inspection who may also interview employees
during working hours on the job.
(d) Citi7.en Labor (Section 103-57) -No person shall be employed as a
mechanic or laborer upon any public work carried on by the County
whether the work is done by contract or otherwise, unless such
person is a citizen of the United States or eligible to become
such a citizen provided, however, that in the cases where it is
not reasonably practicable to obtain such persons with those
qualifications, persons without such qualifications may, with
the approval of the Governor, be employed until persons with such
qualifications competent for such services can be• obtained.
Section 7
Page 31
(e)
(f)
(g)
(h)
(i)
(j)
(k)
Use of Exolos~ves (Chapter .376) -~·Jhen the use of explosives is
necessary for the prosecution of the work, the Contractor shall
use the utmost care not to endanger life or property. The storage
and use of explosives shall be in strict accordance with the
provisions of Chapter .376 and Rule m of the State Department of
Labor and Industrial Relations and any amendments thereto.
£le[e~nce for Hawgii froducts (Section 103-32, 103-41 through
103-48 -In order to comply with the intent of this law the
bidder must complete the form provided in the proposal which
lists all of the applicable Hawaii Products.
Preference for Americ!W Products (Section 103-24) -It is the
intent of the Engineer that all products called for in the
bidding document be of American origin. However, this does
not preclude the use of foreign products. In the event a
bidder desires to utilize a foreign product, the same shall be
considered a substitution and subject to Subsection 6.2
"SUBSTITUTION OF MATERIALS AND ~UIFMENT", of these specifications.
~lorkmen 1 s Compensat].on Insuranc!!, (Chapter 386) -All workmen
employed on the project shall be insured during the entire
duration of the contract in accordance with the provisions
of Chapter 386.
~Q1!arance (Section 103-53) -Final settlement of the contract
will not be made until the Engineer has received a tax clearance
from the Tax Department to the effect that all delinquent taxes
levied or accrued under State statute against the Contractor have
been paid. (Income Assessment and Audit Division and Taxation
Division).
Industrial Safet~ -The Contractor shall take safety precautions
and prosecute all work in accordance with Section 376-2 to
Section 376-10. The Contractor's attention is directed to the
"General Safety Code" prepared by the Department of Labor and
Industrial Relations which in addition to the above sections
of the statutes shall be complied with in all respect during
the·period of the contract.
~nR of Joint Contractor and/or Suhco~actors (Section 103-29.
and 103-33) -All bidders shall include the name and nature and
scope of work to be performed by each person or firm to be engaged
by the bidder as a joint contractor or subcontractor in the
performance of the contract.
Section 7
Page 32
•
(1) Q.Qn!,.ractoJ:L§. .W..<:.~D.S.fi!~ (Section 444) -I~o person within the purview
of this law shall act, or assume to act, or advertise, as general
engineering contractor, general building contractor or specialty
contractor without a license previously obtained under and in
compliance with the provisions .of this .law and .the rules and
regulations of the Contractors'. License .. Board .and Ordinances of
the County of Hawaii.
7. 2 PATENTEIL!1ID(ICES. MATEIQ;~mL.W9!2.1?~ -If the Contractor is required
or desires to use any design, device, material or process covered by letters,
patent or copyright, the right for such use shall be procured by the Contractor
from the patentee or owner. The Contractor and surety shall indemnifY and save
harmless the State and County from any and all use of any such patented design,
device, material or process, or any trademark or copyright in connection with
the work to be performed under the contract and shall indemnify the State and
County for any costs, expenses and damages which it may be obliged to pay by
reason of any such infringement at any time during the prosecution or after
the completion of the work.
7 .'3 PERMITS AND qcENSES -The Contractor shall procuz:e· all permits and
licenses, pay all charges and fees and give all notices necessary and incident
to the due and lawful prosecution of the work.
7.4 SANITARY PROVISIONS-Unless so waived in writing by the Engineer, the
Contractor shall install toilet facilities conveniently located at the jobsite
and maintain same in a neat and sanitary condition/for the use of the employees
on the jobsite for the duration of the contract. The toilet facilities shall
conform to the requirements of the State Department of Health. The cost of
installing, maintaining and removing the toilet facilities shall be considered
incidental to and paid for under various contract pay items for work or under
the lump sum bids as the case may be, and no additional compensation will be
made therefor. These requirements shall not modifY or abrogate in any way the
requirements cr regulations of the State Department of Health.
7. S BARRICADES. DANGER. ltlARNING AND DETOUR SIGNS -The Contractor shall provide•
erect and maintain as -directed by t~Engineer, ~ll necessary barricades, suitable
and sufficient red lights, danger signals and signs, provide a sufficient number
of watchmen and take all necessary precautions for the protection of the work
and the safety· of the public. Work areas closed shall be protected by effective
barricades on which shall be placed acceptable warning signs. All barricades
and obstructions shall be illuminated at night and all lights for this purpose
shall be kept burning from sunset to sunrise. Except as otherwise provided in
the specifications, full compensation for conforming to the requirements of this
section shall be considered as included in the prices paid for the various
contract items of work or lump sum bid and no additional compensation 1dll be
allowed therefor. The ruJ.e and regulations of the State Highway Safety Act
shall be complied with.
7. 6 PRESERVATIO!~ AND RESTORA!!Q.!LQF PROPERTY_._ TREES. !~Oi'JUHENTS, ETC • -The
Contractor shall be responsible for the preservation of all public and private
property, trees. monuments, etc., alonP, the adjacent to the project; shall
use every precaution· necessary to prevent damage or injury thereto; shall use
suitable precaution necessary to prevent damages to pipes, conduits and other
Section 7
Page .3.3
underground structures; and shall protect carefully from disturbance or damage
all.:land monuments and property marks until an authorized agent has witnessed
or otherwise referenced their location and shall not remove them until directed.
The Contractor shall not injure or destroy trees or shrubs nor remove or cut
them without proper authority. to/hen or where any direct or indirect damage
or injury is done to public or private property by or on account of any act,
omission, neglect or misconduct in the execution of the work, or in consequence.
of the non-execution thereof on the part of the Contractor, such property shall
be restored by the Contractor and at the Contractor's expense, to a condition
similar or equal to that existing before such damage or injury was done, by
repairing, rebuilding or otherwise restoring same, or he shall make good such
damage or injury in an acceptable manner. If the Contractor fails to carry out
the provisions of this subsection, the Engineer shall have the right to have
them carried out and deduct the same from any money due o:-to become due the
Contractor.
2.:l_..RESPONSIBILITY FOR DAMAGE CIAD-!S -The Contractor and surety shall save
harmless the State, County and all of its representatives from all suits, actions
or claims of any character brought on account of any injuries or damages sus-
tained by any person or property in consequence of any neglect in safeguarding
the work or through the use of unacceptable materials in the construction of
the improvement or on account of any act or omission by said Contractor or his
agents.
The Contractor guarantees the payment of all just claims for materials,
supplies, tools, labor and other just claims against him or any subcontractor
in connection with this contract and his bond will not be released by final
acceptance and payment by the Department unless all such claims are paid or
released, or so much of the monies due or to become due the Contractor, under
this contract as shall be considered necessary by the Engineer may be retained
by the Department.
The Contractor shall save harmless the government and all of its repre-
sentatives from all suits, actions or claims of any character brought on
account of any claims or amounts arising or recovered under the Workmen's
Compensation laws or any other laws, by-law, ordinance, order or decree; .
Should any suit or claim be filed against the Contractor, the Engineer
shall retain, from any monies due to the Contractor, such amount or amounts as
may be deemed necessary by the said Engineer until such suits or claims have
been finally settled and determined and upon satisfactolj' evidence of such
settlement of such suits or claims the money retained shall be paid to the
Contractor.
7.8 CONTRACTOR'S RE§!QNSIJ:1ILITY F,QB HORK -Until acceptance by the Engineer
of any part of all of the construction as provided for in these specifications,
it shall be under the charge and care of the Contractor, and he shall take
every necessary precaution against injury or damage to any part of the work by
the action of the elements or from any other cause whatsoever, whether arising
from the execution or from the non-execution of the work. The Contractor shall
rebuild, repai~, restore a~d make good at his own expense all injuries or
damage to any portion of the work occasioned by any of the above causes before
its completion and acceptance. The Contractor shall be responsible for coordi-
nating the work of all trades on the job and shall be liable for the acts of the
sub-contractors as the prime contractor on the project,
Section 7
Page 34
\
z..9 PEP..SCl~AL UAJll.~....9F PUBLIQ...C!ill91£:?. -In carrying out any of the above
provisions or in exercisin~ any power or authority granted to him by this
contract, there shall be no liability upon said Engineer or his authorized
assist~~ts, either personally or as an official of the County it being under-
stood that in such matters, he acts as the agent and representative of the
County.
7.10 NO l1AIVER OF _gGAL RIGHTS -The Engineer shall not be precluded or estopped
by any measurements, estimate or certificate made either before or after the
completion and acceptance of the work and payment therefor, from showing the
true amount and character of the work performed and materials furnished by the
Contractor, or from showing that any such measurement, estimate or certificate
is untrue or incorrectly made, or that the work or materials do not confo~ in
fact to the contract. The Engineer shall not be precluded or estopped, notwith-
standing any such measurement, estimate, or certificate and payment in accordance
therewith, from recovering from the Contractor and his sureties such damages as
it may sustain by reason of his failure to comply with the terms of the contract.
Neither the acceptance by the Engineer or any representative of the Engineer, nor
any payment for or acceptance of the whole or any part of the work, nor any
extension of time, nor any possession taken by the Engineer shall operate as a
wai~r of any portion of the contract, or of any power herein reserved, or any
right to:'damage herein provided. A waiver of any breach of the contract shall
not be held to be a waiver of any other or subsequent breach.
1.:11 PROPERrY RIGHTS IN HATER!~ -It is further agreed that nothing in these
specifications or contract shall be construed as vesting in the Contractor any
right to the materials used after they have teen attached or affixed to the work.
~INSURk~CE -The Contractor shall not commence any work under contract until
he has obtained from responsible insurance companies all insurance as required
herein, and the Contractor shall maintain this insurance in full force and effect
until the work to be performed has been accepted by the Engineer. These policies
shall be executed and delivered to the Chief Engineer.
(a) Builders Risk
1. New Buildings -The Contractor shall take out a
policy of builder's risk insurance, for the full
unsurable value of the insurable improvements of
the project from a company licensed to do business
in the State of Hawaii, naming the Department as
co-insured under each policy, covering a.lLwork,
labor and materials furnished by such Contractor
and all his subcontractors against loss by fire,
wind, storm, lightning, explosion and other perils
included in'·the standard broad form of extended
coverage.
2. Buildine Renovation Contract -The Contractor shall
take out insurance in:the amount equivalent to the
contract amount, ~ath the Department named as co-insured
under each policy, covering all •·10rk, labor and
Section 7
Page 35
materials fUrnished by such contractor .and all his
subonctractors against loss by fire, >-lind, storm,
lightning and explosion.
3· Site Development -The Contractor is not required to
obtain builder's risk insurance but required to obtain
other insurance specified in Article 7.12 Ill2Y~·
However, if any building or structure is constructed
or renovated on site development contracts, either
items 1) New Buildings, or 2) Building Renovation
Contract, above, shall apply.
(b) Wotkmen 1 s Compensation -The Contractor shall, in accordance with
Section~lS6-121 to 186-129 inclusive, Hawaii Revised Statutes,
take out adequate worlanen' s compensation insurance for all of his
employees who will be engaged in work at the site of the project,
and in case any part of such Contractor's contract is sublet, the
Contractor will require his subcontractor to maintain such insurance
for all the subcontractor's employees who will be so engaged, unless
the latter's employees are protected tw the principal Contractor's
insurance.
(c) ·!Pbl~g Liabilitv apd Property Damage Insurgnce -The Contractor
shall take out adequate public liability and property daJDage
insurance as determined by the Engineer to protect such Contractor
and all of his subcontractors from claims for damages for personal
injury and accidental death which may arise from operations under
this contract, whether such operations be by himself or by any
subcontractor or by anyone directly or indirectly employed by
either of them. The policies shall not contain any clause to the
effect that the insurer is not liable on account of any accident
out of work performed by subcontractors or their employees.
Minimum Coverage
Public Liability Insurance -One Hundred Thousand Dollars ($100,000)
for a single person and Two Hundred Thousand Dollars ($200,000) for
one accident.
Property Damage Insurance 1 Fifty Thousand Dollars ($50,000).
Section 7
Page 36
•
~Il.QN 8 -PRCSECUTIO~! .:WL,f.ROGRESS
8.1 PROSECUTION OF THE WORK -The Contractor shall begin the 'tKlrk to be
performed under the contract within ten (10) consecutive working days from
the date of "llotice to Proceed" specified. in the written order of the Engineer,
including such date. The Contractor shall notify the Engineer at least three
(J} consecutive working days before beginnin~ work on the portion or portions
previously agreed upon between the Engineer and the Contractor. At the
beginning of construction or at any subsequent suspension' and resumption of
work, the Contractor shall notif.y the Engineer at least three (3} consecutive
working days before beginning actual operations. He shall start the work in
the area designated by the Engineer.
Should the Contractor begin work in advance of the notice to proceed as
provided above,. any work performed by him in advance thereof shall be subject
to the following conditions and shall be considered as having been done by him
at his own risk and as a volunteer until the contract has been approved as
provided for in Section 103-34, Hawaii Revised Statutes.
(a} Under no circumstances shall the Contractor commence construction
operations until he has notified the Engineer of his intentions
and has been advised by the Engineer in writing that the project
site is available to the Contractor.
(b) On commencing operations, the Contractor shall take all precautions
required for public safety and shall observe all provisions of the
Standard Specifications and Special Provisions relating thereto.
(c) In the event the contract is not approved, as provided above, the
Contractor shall, at his own expense, do such work as is necessary
to leave the site in a neat condition to the satisfaction of the
Engineer. The Contractor shall not be reimbursed for any expenses
incurred.
(d) All work done according to the contract prior to its approval,
as provided above, shall be performed in accordance with the
contract documents and will, if the contract is approved, be
considered authorized work and will be paid for as provided in
the contract.
8.2 VIORKING HOQ!§ -Prior to beginning operations, the Contractor shall notify
the Engineer in writing of the time in hours and minutes, A.M. and P.M.,
respectively, at which he desires to begin and end the da.y 1 s work.
If Contractor desires to change his working hours, he shall request the
Engineer's approval three (3) consecutive working daJ•s prior to the date of
.effecting the change.
\~ork in excess of eight (8) hours in any one day or on Saturday, Sunday
or legal holiday of the State is permissible when approved by the Engineer in
Section 8
Page 37
writing, or as called for elsewhere Hithin the specifications. No work shall be
done at nisht unless permission is obtained as set forth in the above paragraph.
8.3 OVERl'TI-!E l.".Al!i~FT FOR COUNTY .1!2.§PECTION SERVICE -In addition to complying
with the administrative requirements as stated in Subsection 8.2 for overtime
work and payment, the Contractor must pay for the required overtime inspectional
services rendered by the County unless otherwise instructed in the contract.
Should permission to work overtime or at nights or on any such day be
granted by the Engineer, or if work requiring overtime compensation for County
employees is necessary as a result of the Contractor's scheduled operations,
whether this work occurs on or away from the project site, the Contractor shall
reimburse the Department the cost of engineering and inspection necessary for the
proper execution ~d control of the work. The costs chargeable to the Contractor
shall include the following:
(a) The cost of salaries for the engineering and inspectional personnel
as determined by the County in accordance with the Overtime Work
Regulations, Part III, Rule 3: Sections 3.l to 3.7, inclusive of
the County Personn§.J...J!.ul§~t..a!l.d_Regulations .dated September 9, 1969,
as amended. In addition to the cost of the salaries as determined
above, the Contractor shall reimburse the County's share of
contributions to the employees' retirement, medical plan, social
security, vacation, sick leave, workmen's compensation funds·, per
diem, arA other applicable frL~ge benefits and overhead expenses.
(b) The transportation cost in~rred by the Department employees
in connection with the engineering and inspectional work.
(c) The flat rate for overtime charges covering (a) and (b) above shall
be set at $13.00 per hour in conformance to Ordinance No. 336 (1970),
Inspection costs.
The monies due the Department for engineering and inspectional work and
use of vehicles and equipment as determined hereinabove shall be billed
separately or deducted from the monies due or to become due the Contractor.
In any event, the Contractor shall not pay the Department employees directly.
Any hours worked in excess of the normal eight (8) working hours per day
or on Saturdays, Sundays or legal holidays will not be considered a working
day under the provisions of Article 7.1 "LAWS TO BE OBSERVED" of these
specifications.
The County hereby reserves the right to cancel the overtime, night,
Saturday, Sunday or legal holiday work when in·the opinion of the Engineer,
there is no necessity for such work or when such work is detrimental to
progress of the ~1ork.
No overtime ~1ork will be done by the Contractor without the presence of
at least one authorized County Inspector unless otherwise directed by the
Engineer.
Section 8
Page 38
--~4 PROGRESS SCHEDU~-Before commencing work on the project, the Contractor
shall submit to the Engineer six (6) complete sets of the progress schedule
showing thereon the various divisions of the work and his proposed sequence of
operations such as painting, hardware installation, plumbing, roofing, etc.
, If required by-the Engineer, the Contractor shall within ten (10) consecu-
tive workin~ days submit supplementary progress schedules which shall indicate
approximately the percentage of work scheduled for completion at any time.
The Engineer may also request for a revised progress schedule to reflect the
actual progress of the project and also changed incorporated in the contract.
S. 5 LIMITA'riQNS OF OPEAAIIQ.~ -The Contractor shall at all times conduct the
work in such manner and in such sequence as will insure the least practicable
interference with traffic and passage ways and he shall have due regard to
furnish convenient detours.
In the event that other contractors are also employed on the jobsite, the
Contractor shall arrange his work and dispose of his materials so as not to
interfere with the operations of the other contractors engaged upon adjacent
work and to join his work to that of others and existing buildings in a proper
manner, and in accordance with the spirit of the plans and specifications, and
to perfonn his work in the proper sequence in relation to that of others, all
as may be directed by the Engineer, if he so chooses.
Each Contractor shall be held responsible for any damage done b~ him or
his agents to the work performed by another contractor. Each Contractor shall
so conduct his operations and maintain the work in such condition that adequate
drainage shall be in effect at al.l times.
In the event that the Contractor ·fails to prosecute his work as provided
above or disregards the directions of the Engineer, the Engineer will $1spend
the work until such time as the Contractor provides for the prosecution of
the work with minimum interference to traffic or other contractors.
S.6 AS§,IGNMENT OF CONTRACTS AND C~ ':' The Contractor shall not assign nor
otherwise transfer this contraet or any part hereof or any interest heTSin or
any monies due or to become due hereunder without the prior written consent
of the Engineer. The consent to assignment or transfer shall not operate
to relieve the Contractor or his sureties of any of his or its obligations under
this contract nor will the Engineer consent to any assignment';of a part of
the work under the contract.
The Contractor may assign money due or to become due him under the contract
and such assignment ~r.Lll be recognized by the Department, if given proper notice
thereof, to the extent permitted by law; but any assignment of monies shall be
subject to all proper set-offs in favor of the County and to all deductions
provided for in the . contract and particularly all monies withheld, t~hether
assigned or not, shall be subject to being used by the Department for the
completion of the work in the event that the Contractor should be in default
therein.
Section S
Page 39
•
8. 7 CHARACTER OF '110!00-IEN OR EQUIP!>!ENT -The Contractor shall at all times
p;ovide ;d~qua~~rvision and--;ut~cient labor and equipment for prosecuting
the several classes of work to full completion in the manner and within the
time required by the contract.
(a)
(b)
(c)
Chara.sl;.!!.t.-®l:! .. ~:t.Q,{~.l<ie.ll.9~.!2LW~!!.!] -All workmen must have
sufficient skill and experience to perform properly the work
assigned to· them. All workmen engaged on special work or
skilled work such as bituminous courses or mixtures, concrete
pavement or structures, electrical installation, plumbing
installation, or in any trade shall have sufficient experience
in such work to properly and satisfactorily perform it and
operate the equipment involved, and shall make due and proper
effort to execute the work in the manner prescribed in these
specifications; otherwise, the Engineer may take action as
prescribed nerein.~ .
Any foreman or workman employed on the project by the
Contractor or by any subcontractor who, in the opinion of
the Engineer or his authorized representative, is not
careful and competent, does not perform his work in a
proper and skillful manner or is disrespectful, intemperate,
disoJ;derly or neglects or refuses to comply with directions
given, or is otherwise objectionable shall, at the written
request of the Engineer, be removed forthwith by the Contractor
or subcontractor employing such foreman or workman and shall
not be employed again in any portion of the work without the
written consent of the Engineer. Should the Contractor or
subcontractor· continue to employ, or again employ such person
or persons on the project, the Engineer will withhold all estimates
which are or may become due, or the Engineer will suspend the work
until such orders are complied with.
l,nsufficien!_.vlorkmen -In the event that the Engineer, in his
judgment, finds the condition whereby insufficient workmen are
present to accomplish the work and no corrective action is
taken by the Contractor after being informed, the Engineer
reserves the right to terminate the contract as provided for
under Subsection 8.12 •'TE!llUNATION OF CONTRACT.''•
Equipme~Reg4iJ::ement>~ -All equipment furnished by the
Contractor and used on the work shall be of such size and
of such mechanical condition that the work can be prosecuted
in an acceptable manner at a satisfactory rate of progress
and the quality of work is satisfactory. All equipn:ent,
tools, and machinery used for handling materials and
executing any part of the work shall be subject to the
approval of the Engineer and shall be maintained in a
satisfactory working condition.
Section 8
Page 40
•
Equipment used on any portion of the work shall be
such that no injury to the ~rork, adjacent property or
other objects will result from its use. In the event
that the Engineer, in his judgment, finds that the
equipment is unsatisfactory to prosecute the 110rk
in the manner as provided above, he will order that they
be removed and Feplaced with adequate equipment. If the
Contractor fails to provide adequate equipment for the
work, the contract may be te~ated as provided for
under Subsection 8.12 ·'TERMINATIO!t OF CONTRACT",
In the event that the Contractor is paid for furnishing
and operating equipment on a force-account basis, it
shall be operated as directed by the Engineer in order to
obtain maximum production under the prevailing conditions.
~.8 CO~ITRACT T~-The total contract time allowed for the performance of
the work shall be the number of working days shown in the contract as awarded,
plus any additional working days authorized in writ:wg as provided hereinafter:
(a)
(b)
For delays caused by or suspension due to unsuitable weather.
conditions or adverse conditions resulting therefrom, the
Contractor shall be granted one working day extension for
each working day delay due to such causes.
A working day shall be as defined in 5Ubsection 'J..2
"DEFINITIONS",
For increase or decrease in the scope of work caused by
alterations, additional or decreased work made urtder
Subsection 4.2 "CHANGES", the Contractor shall be granted
working day extension or deduction in proportion to the
original number of working days allowed as to the cost of
the additional or reduced work bears to the original
contract amount. However, should the Contractor feel that
the contract time as determined above is not a reasonable
figure based on the effect it will have on his normal
operation had this change not been requested, the Contractor
must so'··indicate in writing ~1hen he submits his detailed
cost breakdown as required by Subsection 4.2 "CHANGES".
The Contractor must state how his normal operation will
be affected including statements from his subcontractors,
suppliers and/or manufacturers as to the extent of the
delay.
Contract time extension ~1ill not be granted for changes
which tr~ Engineer determines unjustifiable due to lack of
supporting evidence or the change is of such nature that the
final completion date ~1ill not be affect.ed. In any case,
for all time extensions or reductions, the Engineer shall
ascertain the facts and extent of the time involir.ed and
Section 8
Page 41
his findings of the facts thereon shall be final and
conclusive.
(c) For del~rs caused by acts of God, or of the public enemy,
fire, floods, epidemics, quarantine restrictions, strikes
or walkouts, and freight embargoes, the Contractor may
be granted an extension in working days provided that
the Contractor notify the Engineer in writing of such
delays within ten (10) consecutive working days with the
following facts:
1. A statement, beginning from the date of award of the
contract to the present in a chronological listing,
that the above circumstances have caused certain
material, equipment and labor shortages which will
delay the completion of the project.
2. Submit evidence substantiating the delay of all the
material or equipment affected by the circumstances
covered by this subsection in form of order requests,
bill of lading, packing slip, delivery tag, etc.
,3. A statement either that the above circumstances have
been cleared and normal working conditions restored
as of a certain day or that the above circumstances
will continue to prevent completion of the project.
The Engineer shall evaluate all time extension requests and
shall ascertain the facts and extent of the time involved and
his findings of the facts thereon shall be final and conclusive.
No allowance will be made for a dela;y or suspension of the work
due to the fault of the Contractor.
(d) The count of elapsed working days, to be charged against contract
time, shall begin from the date of "Notice to Proceed" and shall
continue consecutively to and include the date of completion
of the work as determined by the Engineer, except that working
days elapsing during periods of suspension of the work by the
Engineer shall be computed as follows:
vfuen the performance of the work is totally suspended
for one or more working days by order of the Engineer
in accordance with Subsection 8.9(a) and 8.9(c), the
number of days from the effective date of the Engineer's
order to suspend operations to the effective date of
the Engineer's order to resume operations shall not be
counted as working days, Days elapsing during any
period of suspension in accordance ~lith Subsection 8.9(b)
shall be counted as ~rorking days, During periods of
partial suspension of the \·1ork, the number of ,;orking
Section 8
Page 42
days to be charged shall be computed by multiplying
the number of working days of original contract
time by the ratio of the amount earned during the period
of partial suspension to the original contract amount.
In no case shall the number of· working days to be
charged as contract time for a period of partial
suspension exceed the total elapsed time in working
days of the partial suspension.
The Engineer will prepare for each estimate made under the·
provisions of Subsection 9.6 "PARI'IAL PAYMENTS" a statement
of the working days charged during the period, the number
of working days in the contract, the working days'
extensions granted for reasons stated herein and the
number or working days remaining to complete under the
contract.
Copies of .such statement will be promptly submitted to the
Contractor for his approval and signature. The Contractor
shall signify his approval or the statement by signing
same or submit his objections within five (5)'days setting
forth in what respect the statement is incorrect. Failure
of the Contractor to submit his objections within the
specified time shall mean that the Contractor has
accepted the Engineer's statement as being correct.
(e) No consideration will be made for extension of contract
time due to delays to the contract caused by the failure
of the Contractor to submit for approval by the Engineer
shop drawings, descriptive sheets, material samples,
color samples, etc. except as covered in Subsection S.S(c).
8.9 SUSPENSION OF l'l'OBIC-The Engineer may, by written order, SUSJ?end the
performance of the work, either in whole or in part for such periods as he may
deem necessary due to:
(a) Weather or soil conditions considered unsuitable for
prosecution of the work, or
(b) Failure on the part of the Contractor to:
l. Correct conditions unsafe for the general public or for
the worl<men
2. Carry out orders given by the Engineer, or
3. Perform any provisions of the contract
(c) Unforseen soil conditions where a redesign of foundation is
necessar~l or when any other redesign for any reason deemed
necessarJ by the Engineer.
Section 8
Page 43
•
Suspension of work on some but not all items of work shall be considered
a "partial suspension", Suspension of work on all items shall be considered
"total suspension". The period of suspension shall be computed from the date
set out in the written order for work to cease until the date of the order for
work to resume.
Any adjustment of contract time for suspension of work shall be made as
provided in Subsection 8.8.
In the event that the Contractor is ordered by the Engineer in writing
as provided herein to suspend all work under the contract in accordance with
Subsection 8.9(c), the Contractor may be reimbursed for actual money expended
towards the project during the period of suspension. No allowance will be
made for anticipated profits.
Claims for such compensation shall be filed with the Engineer within
ten (10) consecutive working ~a after the date of the order to resume work
or such claims will not be considered, Together with the claim, the Contractor
shall submit substantiating documents covering the entire amount shown on the
claim •. The Engineer shall take the claim under consideration and may make such
investigations as are deemed necessary and shall be the sole judge as to the
equitability of such claim and his decision shall be final.
No provisions of this article shall be construed as entitling the
Contractor to compensation for delays due to failure of surety, for suspensions
made at the request of the Contractor, for any delay required under the contract,
for partial suspensions of work or for suspensions made by the Engineer under
the provisions of Subsection 8.9(b).
~Q DISPUTES -In case the Contractor deems extra compensation is due him
for work or materials not clearly covered in the contract, or not ordered by tha
Engineer as an extra, the Contractor shall notif;r the Engineer in writing of his
intention to make claim and shall afford the Engineer every facility for keeping
actual cost of the work. Failure on the part of the Contractor to give such
notification or to afford the Engineer proper facilities for keeping strict
account of actual cost shall constitute a waiver of the claim. for such extra
compensation. The filing of such notice by the Contractor and the keeping of
costs by the Engineer shall not in any way be construed to prove the validity
of the claim. When the work has been completed, the Contractor shall within
ten (10) consecutive working days file his claim in writing for extra compensa-
tion with the Engineer who will review the claim and render his decision which
shall be final.
Should a dispute occur, the Contractor shall follo~T the procedure outlined
above and diligently continue the work. Time extension will not be granted
the Contractor for temporarily halting his operation due to disputes.
8,11 FAII,URE TO Q~TE THE.J:!Q.~~ :r.JJ1;!i; -It is mutually agreed by and between
the parties hereto that time shall be an essential part of this contract and
that in case of the failure on the part of the Contractor to complete his
contract within the time specified and agreed upon, the County of Ha>raii ~Till be
Section 8
Page 44
•
damaged thereby; and the ~ount of said d~ages, inclusive of expenses for
inspection, superintendence and necessary traveling exp~nses, being difficult if
not .impossible of definite ascertainment and proof, it is hereby agreed that
the amount of such damages shall be the appropriate sum set forth below in the
Schedule of Liquidated Damages as liquidated d~es for every working day's
delay in finishing the work in excess of the number of working days prescribed;
and the Contractor hereby agrees that said sum shall be deducted from monies due
the Contractor under the contract or if no money is due the Contractor, the
Contractor hereby agrees to pay to the County of Hawaii as liquidated damages,
and nat by way of penalty, st:ch total sum as shall be due for such delay,
computed as aforesaid.
SCHEDUlE OF LIQUIDATED DAMAGES
Total Amount !MiUding-EXtras Setup in Contract
From !-lore To and
Than Including___
$ 0
25,000
50,000
100,000
500,000
1,000,000
2,000,000
--· $ 25,000
50,000
100,000
500,000
1,000,000
2,000,000 --
Amount of
Liquidated Damages
Per Working Day
$ 50.00
75.00
100.00
150.00
200.00
300.00
500.00
-·-------------·----~------------~----
The findings of the Engineer shall be accepted by the parties hereto
as final; but any allowance of time and remission of charges shall in no other
manner affect the rights or obligations of the parties under this ,contract, nor
be construed to prevent action under Subsection 8.12 "TERIUNATION OF CONTRACT"
in case the Contractor shall fail in the judgment of the Engineer to make
reasonable and satisfactory progress after such allowance of time has been
granted.
8.12 TER!flNATION OF CONTRACT -The contract of which'these specifications
form a part may be terminated by the Engineer for any one of the following
reasons: Substantial evidence that the progress being made by the Contractor
is insufficient to complete the work within the specified contract time; failure
to prosecute or complete the work expeditiously at any time; or failure on the
part of the Contractor to observe any other parts of the specifications; failure
of the Contractor to.start the work ten (10) consecutive working days after the
date given in the notice to proceed; failure of the Contractor promptly ta make
good any defects of any nature, the correction of which has been directed in
writing by the Engineer; substantial evidence of collusion for the purpose of
illegally procuring a contract or perpetuating fraud on the County in the
construction or work under contract; or after aHard has been made, the
Contractor makes changes in his list of subcontractors or joint contractors
submitted in his proposal, ~rhich in the opinion of the Engineer are unjusti-
fiable and substantive.
Section 8
Page 45
Changes directly due to the folloldng ~rill not be deemed unjustifiable
and substantive :
1. Failure, refusal or inability of a subcontractor named in the
Contractor's original list to enter into a subcontract •
. 2. Insolvency of the subcontractor.
3. Inability of the subcontractor to furnish a reasonable
performance bond.
4. Suspension or revocation of the subcontractor's license.
5. Inability of the subcontractor to comply with other
requirements of the law applicable to contractors,
subcontractors and public works projects.
In case of termination, the Engineer shall lilnit payment to the
Contractor to the part of the contract satisfactorily completed at the time of
termination. Termination shal~ not relieve the Contractor or Surety from
liability for liqui~ated damages theretofor incurred.
If the Engineer finds that any iaborer or mechanic employed on the
jobsite by the Contractor or any subcontractor has •,een or is being paid wages
at a rate less than the required rate by the specifications, or has not received
his full overtime compensation, the Engineer may by written notice to the
Contractor terminate his right or the right of any subcontractor to proceed
with the work or with the part of the work in -which the required ~rages or over-
time compensation have not been paid and may complete such work or part by
contract or otherwise; and the Contractor and his sureties shall be liable to
the County for any excess costs occasioned thereby,
Before the contract is terminated, the Contractor and the Contractor's
bondsman or surety will first be notified in writing by the Engineer of the
conditions which make termination of the contract imminent. Seven (7) consecu-
tive calendar days after this notice is mailed to the addresses given in the
proposal, if in the judgment of the Engineer no effective effort has been
made by the Contractor to correct the condition complained of, then the bondsman
or surety shall again be notified to that effect and, if after the e~iration
of seven (7) consecutive calendar days more no action effective in the judgment
of the Engineer has been taken either by the Contractor or by the bondsman
or surety, the Engineer may declare the contract terminated and notify the
Contractor and the bondsma.'1 or surety accordingly.
Upon receipt of a notice from the Engineer that the contract has
been terminated, the Contractor shall immediately discontinue all operations.
The Engineer may then proceed with the work, in any· .lawful manner that he
may elect,· until it is finally completed.
The right is reserved to take possession and to use if necessar;v-any
machinery, implements, tools or materials of any description that shall be found
Section 8
Page 46
upon the work. All eouipment and materials shall be accounted for. In the case
the County decides to 'use <lilY machinery-, implements, tools or materials, rental
rates and material cost shall be computed. If the total cost is more than the
contract price, the difl'er.;•·.ce shall be made up either by the Contractor or his
surety. Ir the total cost is less than the contract price, the difference will
be paid to the Contractor or his surety. In case of termination, all expenses
incident to ascertaining and collecting losses under the bond including engineer-
ing and legal services ehall be assessed against the bond.
I! the Contr:1ctor !ails to commence to make good any defects of any nature
within five (5) days after the correction thereof has been requested in writing
by the County and thereafter to expeditiouszy complete the correction or said
defects, the Engineer may without further notice and without termination of
contract, correct the defects and deduct the cost thereof from the contract price.
8.1'3 FINAL ACCEPTANQE OF CONTRACT -Written final acceptance of the contract
~dll be made after the Con-tractor remedies all discrepancies noted at the final
inspection and submits the following items.
(a) Tax Clearance
1. Clearance Certificate (Income Assessment and Audit
Division)
2. Division of Tax~tion.
(b) Certificates of plumbing inspection, electrical inspection
and building occupancy as reauired.
(c) All guarantees reauired by the contract shall be made
in writing.
(d) Satisfactory evidence that all claims !or all persons,
firms or corporations who have done work or supplied
materials, too~s, eouipment, machinery or other
commodities or se•-vices have been paid or satisfactorily
secured.
(e) Certificate of release from each subcontractor.
(!) Certificate of release from surety or bonding company.
(g) Non-Gratuity Pifidavit (See Appendix D for Sample of
Affidavit)
(h) As-built plans as reouired hy the contract shall be drawn
on reproducible contract drawings furnished by the County.
(i) All other dcc~~ents as reouired by the contract.
Immediately upon receiving the fo~al letter of acceptance of the contract,
the Contractor will be relievad of the duty of maintaining and protecting the
work as a whole, relieved of his responsibility for injury to persons or property
or damage to the work which occurs after the formal acceptance by the Engineer,
and he will not be required to perform any further work thereon except as set
forth in the specifications.
Section 8
Page 47
_a._14 FD/A!.~LEl!ENT OF COJ')J'.l!!!Q! -The contract will be considered complete
when all work has been completed and accepted in accordance with the provisions
of Subsections 5.10 and 8.13. The date of approval by the Engineer of the
final voucher for payment shall constitute the date of final settlement of the
contract. This action ldll not preclude consideration of any claim which the
Contractor, by appropriate statement on the final voucher, has reserved the right
to submit in connection with the contract. The Contractor will then be released
from further obligations except as set forth in the contract,
8.15 GUARANTEE OF WORK
(a) Except as otherwise specified, all l«lrk shall be guaranteed
by the Contractor against defects resulting from the use of
defective or inferior materials, equipment or workmanship
for one year or as otherwise noted in the technical specifi-
cations from the date listed in the letter of final acceptance
of the contract. All guarantee of work shall be transmitted
in writing.
(b) If, within any guarantee period, repairs or changes are
required in connection with the guaranteed work, which
in the opinion of the Engineer is rendered necessary as a
result of the use of materials, equiprr~nt or workmanship which
are inferior, defective or not in accordance with the terms
of the contract, the Contractor shall within five {5) days
and ldthout expense to the County commence to:
1. Place in satisfactory condition in every instance all
of such guaranteed work, correct all defects therein;
and
2. Make good all damages to the building or work or equip-
ment or contents thereof.
{c) lfuenever manufacturers' guarantee on any product specified for
the project exceeds one year, this guarantee shall become part
of this contract thereof.
Section 8
Page 48
.§.ECTION 2 -HE~UREl1ENT AND PAYI~
q.l ~,&StJRE!.lENT OF 9!LJ\!IT11Yi.§. -All work completed under the contract shall
be measured b,y the Engineer according to United States standard measures, unless
otherwise agreed upon in writing. These measurements shall be considered
correct and final unless the Contractor has protested same to the Engineer and
has demonstrated the existence of an error by actual measurement on the ground
before the work has progressed in a manner which would prohibit a proper.check.
All measurements of the area of the various surface, pa:vement and base
courses will be made in the horizontal projection of the actual surface and no
deductions will be made for fixtures havin~ an area of nine (9) square feet or
less. All measurements of headers, curb, fences and any other type of construc-
tion which is to be paid for by its length, will be made in the horizontal
projection of the actual length, (except piles, which will be by actual length).
All materials which are specified for measurement by the cubic yard "Loose
Heasurement" or "Measured in the Vehicle" shall be hauled in approved vehicles
and measured therein at the point of delivery on the road. · Approved vehicles
for this purpose may be of any type or size satisfactory to the Engineer,
provided that the body is of such type that the actual contents may be readily
and accurately determined. Unless, all approved vehicles on a job are of
uniform capacity, each approved vehicle must bear a plainly legible identifi-
cation mark indicating the specific approved capacity. The inspector may
reject all loads not hauled in such approved vehicles.
2·6 SCOPE OF PAX!1FJ:!TS -The Contractor shall accept the compensation as herein
provided, in full payment for furnishing all materials, labor, tools and
equipment necessary to the completed work and for performing all work contem-
plated and embraced under the contract, also for all loss or damage arising
from the nature of the work, or from the action of the elements, or from any
unforeseen difficulties which may be encountered during the prosecution of the
work until its final acceptance b,y the Engineer, and for all risks of every
description connected with the prosecution of the work; also for all expenses
incurred in consequence of the suspension or discontinuance of the work as
herein specified, and for any infringement of patent, trademark or copyright,
and for completing the work according to the plans and specifications.
9. J PAYI-!EtjT AND COHPENSATION FOR ALTERED QUANTITIES -When alterations in
plans or quantities of work as hereinabove provided for are ordered and
performed, and when such alterations result in increase or decrease of the
quantity of work to be performed, the Contractor shall accept payment in full
at the contract unit price for the actual quantities of work done and no
allowance will be made for anticipated profits.
hl. PAYHENT FOR ADDITI9J'!&.....!:LQ.B!S -Additional work as defined in Subsection
4.2(dJ, >lhen ordered, shali be paid for under an approved change order in
accordance with the terms provided herein. ~lork performed for approved change
order shall be paid in accordance with Subsection 9.4(a) "NEGOTIATED v/ORK". If
the change order is protested, work shall be done and paid in accordance with
Subsection 4.2(e) ';FORCE ACCOUNT vlORK" and Subsection 9.4(b) HFORCE ACCOUl~T
\-IORK" respectively.
Section 9
Page 49
(a) l1!eaotiated 1\forl!; -1-Jhen payment is to be made for additional 1'/0rk
directed by an approved change order, the total price for the work
contained in the change order shall be considered full compensation
for materials, labor, insurance, taxes, equipment rental and
supervision,
(b) Force~,:'\ccount Work -l'lhere payment is to be made on a force-account
basis, all work performed or labor and materials furnished shall be
paid for as follows:
1. For all labor (including foreman when authorized by the Engineer)
including public liability, property damage and workmen's compen-
sation insurance, contributions made to the State as required
by Chapter 383, Hawaii Revised Statutes, and for taxes paid to the
Federal Government as required by the Social Security Act, approved
August 14, 1935, as amended, the Contractor shall receive the
current local wage rates, to be agreed upon in writing before
starting such work, to which shall be added an amount equal to
fifteen percent (15%) of the sum thereof.
No, allowance will be made i'or general superintendence, time-
keeping, office work, for the use of small tools and ordinary
equipment,
2. For all materials entering permanently into the work, the
Contractor shall receive the actual cost of such material
delivered to the work, including freight and hauling charges
as shown by the original receipted bills, to which cost shall
be added a sum equal to fifteen percent (15%) thereof.
3, For any machinery or special equipment other than small hand
operated, unautomatic tools shall be paid for at the rental
_rates agreed upon in writing prior to any work being done.
The rental rates are specified in the current edition of
"Rental Rates for Construction Equipment" prepared by the
Associated Equipment Distributors with the following
modifications :
For equipment used 3 consecutive working days or less,
the hourly rental rate shall be the daily rate divided
by 8; for equipment used 4 consecutive ~~rking days or
more, but not over two (2) consecutive ~reeks, the hourly
rental rate shall be the weekly rate divided by 40; for
equipment used over two (2) consecutive weeks, the hourly
rental rate shall be the monthly rate divided by 1?5.
These rates shall include the cost of fuel, lubricants
and repairs.' The hourly rate for the operators for the
various equipment shall be by the contract 1~age schedule.
Sectior, 9
Page 50
•
The hourly rental rates for equipment not listed in the
above-mentioned publication shall be those agreed upon
in writing by the Contractor and the Engineer prior to
use of the equipment. These rates also shall include
fuel, lubricants and repairs.
The above price paid for equipment rental rates does
not include the cost of transporting or hauling any
necessary equipment to the jobsite. The cost of trans-
porting and hauling of equipment shall be paid as a
separate item.
No percentage shall be allowed on the equipment rental
rates, except for gross income taxes.
To the sum of the costs of labor, materials and equipment (including the
15% applied to the labor and materials costs), there shall be added a gross
income tax equal to four percent (4%) thereof,
The above percentages shall be applied but once to the respective costs
as provided above and dual percentage costs by reason of a subcontractor
performing the work for the prime contractor will not be allo~1ed.
Payment will not be made for additional work on a force-account basis
until the wages to be paid and the rental to be paid on special equipment not
covered as specified above have been agreed upon in writing before start of
such work.
The compensation as provided above in 1, 2 and 3 shall be received by the
Contractor as payment in full for work done on a force-account basis including
superintendence, overhead, use of tools and equipment for which no rental is
allowed, profit and all taxes in connection therewith.
The Contractor and Engineer, or their authorized representatives, shall
compare records of the work performed on a force-account basis at the end of
each day, Copies of these records shall be made on suitable forms and signed
by both the Contractor and Engineer, or their representatives. These daily
reports shall thereafter be considered the true record of the force-account
work done.
Claims for work done on a force-account basis shall be submitted to the
Engineer by the Contractor upon certified quadruplicate statements to which
shall be attached original receipted bills and invoices covering the costs
for the freight and haulage charges on all materials p~rmanently entered
into such work; such state~ents shall be filed not later than the tenth (lOth)
day of the month following that in which the work was actually performed.
9. 5 DEDUCTIONS FRON PAYNENTS -The County may withhold from the Contractor
so much of the accrued payments as the County may consider necessary to pay to
laborers and mechanics employed by the Contractor or any subcontractor on the
jobsite the difference between the Hages required by the contract or specifi-
cations and the wages actually received.
Section 9
Page 51
9.6 PARTIAL PAYMENTS-If, in the judgement of the Engineer as reflected in
Subsection 8.8 "STATEMENT OF CONTRACT TIME", the work is progressing
satisfactorily, the Engineer shall make an estimate each month based on the
items of work performed and materials incorporated in the work and the value
thereof at the unit prices set forth in the contract and may include therein an
allowance not to exceed ninety percent (90%) of the invoice cost of acceptable
materials delivered at the site of the work but not incorporated in the work at
the time of making the estimate. These estimates will be approximate only and
will be subject to correction at any time prior to or in the final estimate.
The State will retain five percent (5%) of the amount thus ascertained in the
plans and paid to the Contractor. It is provided, however, that after progress
has been determined and established by the Engineer, no additional sum shall be
withheld; provided further, that if progress is not satisfactory, the County
may continue to withhold as retainage sums not exceeding five percent (5%) of
the amount due the Contractor. Should the Contractor wish to withdraw from
time to time the whole or any portion of the sum retained, a government bond
with a market value not less than the sum to be withdrawn must be deposited
pursuant to an agreement reached between the County and the Contractor.
(Act 167/SLR 1976, HB 934)
9.7 FINAL PAYMENT-Whenever the work provided for by the contract shall have
been completely performed on the part of the Contractor and all parts of the
work having been approved by the Engineer, the final inspection and final
acceptance made, a final estimate showing the value of the work done will be
prepared by the Engineer as soon as the necessary measurements can be made.
The amount of this estimate, less any sums that may have been deducted in
accordance with the provisions of the contract and less all previous payments,
will be paid to the Contractor within thirty (30) days after the final estimate
has been approved by the Engineer, provided the Contractor has submitted and
the Engineer has accepted as satisfactory the items listed in Subsection 8.13
in addition to those outlined above.
9.8 PAYMENT FOR PURCHASE ORDERS -The Department will not make partial payment
on purchase orders for work completed to date on furniture and equipment.
However, payment for purchase orders will be made in full when the Contractor
has successfully fulfilled the requirements according to the plans and
specifications and acceptance of the work by the Engineer.
Revised 10/06/93 Section 9
Page 52
~CTION 10 -: VALUE ~jQ.llli!:E=RI...,I""~G:....=.IN"'C":E"'N:.:.T..,IVE:.::
The following clause is applicable only when the project contract exceeds
$100,000, l'ihenever VECP is mentioned in the following paragraphs, it shall
mean "Value Engineering Change Proposal", (Section 103-49, Hawaii Revised
Statutes)
a. This clause applies to all VECP initiated and developed by the
Contractor for changing the drawings, designs, specifications,
or other requirements of this contract. This clause does not,
however, apply to any VECP unless it is identified as such by
the Contractor at the time of its submission to the Engineer.
b. All VECP must:
l. Result in a savings to the County by providing less costly items
than those specified herein without impairing any of their
essential functions and characteristics such as service life,
reliability, economy of operation, ease of maintenance,
desired appearance; and
2. Require, in order to be applied to this contract, a change
order to·this contract.
c. The VECP will be processed expeditiously and in the same manner
as prescribed for any other proposal which would likewise necessi-
tate issuanceoof:·a contract change order. As a minimum, the
following information will be submitted by the Contractor with
each proposal.
l. A description of the difference between the existing contract
requirement and the VECP, and the comparative advantages
and disadvantages of each;
2. An itemization of the requirements of the contract which must
be changed if the VECP is adopted and a recommendation as
to how to make each change: ,
3. An estimate of the red·o.1ction in performance costs that 1dll
result from adoption of the VECP taking into account the costs
of implementation by the Contractor, including any amounts
attributable to subcontracts and the basis for the ea~atel
4. A prediction of any effects of the VECP ~rould have on other costs
to the County, such as County-furnished property costs, costs
of related items, and costs of maintenance and operation;
Section 10
Page 53
d.
e.
f.
g.
5· A statement of the time by which a change order adopting the
VECP must be issued so as to obtain the maximum cost reduction
during the remainder of this contract, noting any effect on
the contract time; and
6. The dates of any previous submissions of the VECP, the
numbers of any Government contracts under which submitted
and the previous actions by the Government, if known.
The County shall not be liable for any delays in acting upon, or
for any failure to act upon any proposal submitted pursuant to this
clause. The decisions of the Engineer as to the acceptance of any
VECP under this contract shall be final. Unless and until a change
order applies to VECP to this contract, the Contractor shall remain
obligated to perform in accordance with the terms of the existing
contract. The Engineer may accept in whole or in part any VECP
submitted pursuant to this clause by issuing a change order which
will identify the VECP on which it is based.
If a VECP submitted pursuant to this clause is accepted under this
contract, an equitable adjustment in the contract price and in any
other affected provisions of this contract shall be made in accordance
wit.h this clause and the "Changes" clause of this contract. The
equitable adjustment shall first be established by determining the
effect on the Contractor's cost of performance, taking into account
the Contractor's cost of implementing the change (including any
amount attributable to sub-contracts). The contract price shall
then be reduced by the total estimated decrease in the cost of
performance minus fifty percent {50%) of the difference between the
amount of such total estimated decrease and any ~certainRble co~
to the Countv which must be incurred to apply the VECP to this
contract, ·
Cost reduction proposals submitted under the provisions of any
other contract also may be submitted under this contract for
consideration pursuant to the terms of this clause,
The Contractor may restrict the Government's right to use any sheet
of a VECP or of the supporting data, submitted pursuant to this
clause, in accordance with the terms of the following legend if it
is marked on such sheet. "This data furnished pursuant to a value
engineering incentive clause shall not be disclosed outside the
Government, or be duplicated, used, or disclosed, in whole or in
part, for any purpose other than to evaluate a value engineering
change proposal submitted under said clause. This restriction does
not limit the Government's right to use information contained in
this data if it is or has been obtained from another source, or is
otherwise available, without limitations. If such a proposal is
accepted by the County by issuance of a change order under the
"Changes" clause of said contract after the use of this data in
such an evaluation, the Government shall have the right to duplicate,
use and disclose any data pertinent to the proposal as accepted, in
any manner and for any purpose whatsoever, and have others so do."
Section-10
Page 54
•
In the event of acceptance of value engineering proposal, the
Contractor hereby grants to··the Government all rights to use,
duplicate or disclose in whole or part, in any manner and for any
purpose whatsoever, and to have or permit others to do so, and
data reasonably necessary to fully utilize such proposal. Contract
modifications made as a result of this clause will state that they
are made pursuant to it,
Rules and regulations regarding Value Engineering Incentive in
Public Works contracts is filed with. the Department of Finance
under Part 3 of its Rules and Regulations of the Director of
Finance (adopted April ;o, 1970, by the County Council) and with
the County Clerk.
See Appendix "C" for sample of v. E. c. P. Form •
Section 10
Page 55
•
§!QllQii.ll -ENV!RONI-IEN....uJ. PROTECIIQJ:i
The Contractor shall comply with the following requirements for pollution
control in performing all construction activities:
11.1 RUBBISH DISPOSAL
a. No burning of debris and/or waste materials shall be permitted on the
project site.
b. No burying of debris and/or waste material except for materials which
are specifically indicated elsewhere in'·these specifications as suit-
able for backfill shall be permitted on the project site.
c. All unusable debris and waste materials shall be hauled away to an
appropriate off-site dump area. During loading operations, debris
and waste materials shall be watered. down to allay dust.
d. No dry sweeping shall be permitted in cleaning l"Ubbish
can became airborne from floors or other paved areas.
mopping or wet or damp sweeping is acceptable.
and fines which
Vacuuming, wet
e. Enclosed chutes and/or containers shall be used for conveying debris
from above to ground floor level •
f. Cleanup shall include the collection of all waste paper and wrapping
materials, cans, bottles, construction waste materials and other
objectionable materials, and removal as required. Frequency of cleanup
shall coincide with rubbish producing events.
11.2 DUST
a. Dust shall be kept down at all times, including non-working hours,
weekends and holidays, by sprinkling water. For areas planted with
ground cover and grass, payment for sprinkling water for dust control
will not apply as soon as planting is initiated and thereafter. Such
sprinkling shall be considered. as maintenance, and its cost shall be
included in the lump sum bid price exclusive of the Dust Control
sprinkling allowance,
Work done by the Contractor in complying with this requirement shall be
done and paid for in accordance >dth Subsection 4.2 (e) ''FORCE ACCOUNT
WORK" and Subsection 9.4(d) "FORCE ACCOUNT l~ORK" of the General
Requirements and Covenants, respectively.
Payment shall be made from an allowance included in the Contractor's
bid as provided in the Special Provisions.
Section 11
Page 56
b. Wet grinding, when required by the Engineer in correcting an error made
by the Contractor, shall be done at no cost to the State.
c. ~let cutting will be required for cement masonry blocks, conc1:ete and
asphaltic concrete pavements unless attachments are used with dry
cutting equipment to capture the dust created thereby. ·
d. No unnecessary shakin~ of bags will be permitted where cement, mortar
and plaster mixing is done unless the dust therefrom can be confined.
e • No dry power brooming will be allowed in unconfined areas. Vacuuming,
wet mopping, wet sweeping, or wet power brooming may be used instead.
Air blowing will be permitted only for cleaning erected forms prior
to pouring.
ll.1 NOISE -
a. All internal combustion engine powered equipment shall have mufflers
to minimize noise.
b, No blasting and use of explosives will be permitted without prior
approval of the Engineer.
c. Pile driving operations shall be confined to the period bet~~en 8:00 a.m.
and 5:30 p.m., Monday through Friday. Pile driving will not be
permitted on weekends and legal State and Federal holidays.
d. Starting up of non-highway vehicular equipment shall not be done prior
to 6:45 a.m. without prior approval of the Engineer.
ll.4 EROSION
During interim grading operations the grade shall be maintained so as to
preclude any damages to adjoining property from water and eroding soil.
Temporary berms, cut-off ditches, and other provisions which may be
required because of the contractor's method of operation shall be installed
at no cost to the State. Drainage outlets and silting basins shall be
constructed and maintained as shown on the plans.
ll. 5 OTHERS
a. Wherever trucks and/or vehicles leave the site and enter surrounding
paved streets, the Contractor shall prevent any material from being
carried onto the pavement. Waste water shall not be discharged into
existing streams, waterways, or drainage s,ystems such as gutters and
catch basins unless treated to comply with Department of Health: ~rater
pollution regulations.
Section 11
Page 57
b. Trucks hauling debris shall be covered as required by PUC Regulations.
Trucks hauling fine materials shall be covered.
c. No dumping of waste concrete will be permitted at the job site unless
otherwise permitted in the Special Provisions.
d. Except for rinsing of the hopper and delivery chute, and for wheel
washing where required, concrete trucks shall not be cleaned on the
job site.
e. .Except in en emergency, such as a mechanical breakdown, all vehicle
fueling and maintenance shall 'oe done in a designated area. A temporar.v
· berm shall be constructed around the area when runoff can cause problems •
Oil pans shall be used to prevent seepage.
f. Spray painting will not be allowed unless done by the "Airless spray"
process.
JJ.. 6 SUSPENSION OF WOR!{
Violation of any of the above requirements or any other pollution control
requirements which may be specified in the Technical Specifications herein
shall be cause for suspension of the work creating such violation. No
additional compensation shall be due the Contractor for remedial measures
to correct the offense. Also, no extension of time will be granted for
delays caused by such suspensions.
If no corrective action is taken by the Contractor within 72 hours after a
suspension is ordered by the Engineer, the state reserves the right to take
whatever action is necessary to correct the situation and to deduct all
costs incurred by the State in taking such action from monies due the
Contractor.
The Engineer may also suspend any operations which he feels are creating
pollution problems although they may not be in violation of the above
mentioned requirements. In this instance, the work shall be done by force
accounts as described in Subsection 4.2(e) "FORCE ACCOUNT 1\'0RK" of the
General Requirements and Covenants and paid for in accordance with Subsection
9.4(b) ''FORCE ACCOUNT WORK'' therein. The count of elapsed workirg days
to be charged against the contract in this situation shall be computed in
.accordance with Subsection S.S(d) "CONTRACT TIME" of the General Require-
ments and Covenants.
Section ll
Page 58
(
Sample: Contract Form
•
SfJ-iPLE FOtiH
CONTRACT --------
THIS AGREEHENT, made and entered into this da;,--·~f._·---:~--=~--'
A.D. 19_, by and bet~:een the COUNTY OF HA\'lAII, a nunicipal corporation duly
organized and existing under th01 laws of the State of Ha1·:aii, by its Hayor,
---~----------~-· -----t':J.Ci:,y of the first part, and-----
---------------------------------------~·artY of the second part.
W I T N E S S E T H:
That for and: in<··consideration of the paymant.s here5.na!"t<>r mentioned, the
party of the second part hereby covenants and ag::-oes to and 1dth the pa.-ty of
the first part to
in accordance with plans for said project, No. __________ , on file in the office of
the Chief Engineer, proposal, detail and standard specifications, and general
conditions hereto annexed, '~hich plans, pror;osal, sp·~cif:O.c<o.tions and g01neral con-
ditions, including any and all additions thereto c::-C.educ·~ic·:1s therefrom are hereby
made a part hereof, and to complete the s~ on or befc"o the day of =-..,....,..-----, A.D. 19 __ , or on o:· bcfoN so.:ch later date as may be
fixed in accordance with said spocific~.tions. The D.dditians or oJ.."tr<>.:l under this
contract will not exca:'!d the ~~um of
------~----Dollars ($._-____ _ ·------.
For and in consider;,tion of thG covenants, und[•::trudngs end .:>.:;reements of the
party of the second p~ herein set £ol~h and upon the fun Dl1d fc.ithful perfor-
mance thereof by the party of the ~ccond part, the par't.u of the first part, hereby
agrees to pay to the party of the second par·~, the e·\llll of --::-----------~
-=-~--:-:;-----::-·':"':'"--::--:-:--:-~~~-~~-~---:DolJ.ar:J ( ;$ ,.
in lawful money of the United States of k:mrj.ca, such payments to bo made, however,
on the conditions hereto annexl!>d and mad'J a :;:art hereof, and subject tc such addi-
tions thereto or deductions there.::·o:u or h:Jrcafter mado in c.cc,ordance with the
provisions of suc:1 speciticctions, general condition::; an:: ·chis ~g::-os:!ent •
?
IN WITNESS WHEREOF, the party o£ the first pa:~ has cau~ed th:i.s agrse:nent to
be executed at Hilo, Ha1~aii• County and State of Hal\aii; e.nd the p~rty of the
second part has caused this agree1;1ant to be e~::Jcuted ::.t
__ _ Hc1·raii, ~ato of Ht"·;ai.i, a:J of t.h<J clcy <l.\'ld yeaJ.• first
above l'lritten.
____ .By
vlitness
----:~·-·--·----·'Sy vlitness
COUi'J'l'Y OF H,'YAII
B'..: ITS ~1AYCR
Its I:ayor
--~--.,.--:--..,-....----· Con·t.1 .:'.c.tor
(
Sample : Bond Form
e.
SAi:PLE FORI;
PERFORMAHCE .... _________ _ B 0 !~ D ----
KNO\'/ ALL MEN BY THESE PRESEt•iTS, THAT---------------
whose principal place of 'biiS'iiless is in , Hawaii, as principal and_ _ __ _
as sur&ey, are held and r:r:rmry 156und unto thB County of Hawaii, a municipal
corporation duly organized and existing unde%"··the laws of the state of Hawaii,
its successors or assigns, in the full and just sum of ----------~~~---------
Dollars 7($~------------·----:-:1~~ .• ~in--l~a-~~~mo--n_e_y_o·f~t~he~U~~~·~t-e~d·~s~t~a~t-e_s_o-:f ~rica~ for
the payment of which to the said CoWlty of Hawaii, its successors or assigns well
and truly to be made, said principal and said surety hereby bind themselves and
their respective successors or assigns jointly and severally firmly by these
presents.
IN WITNESS WHEREOF, said principal has caused this instr1.1li!Snt to be executed
by its proper officers at __ , Hawaii, this _ day of -,...--'-:"-
~-:-----:--:-~-=-:--• A.D. 19 1 and said Surety has caused this instrument
to be executed by its proper officers at , Hawaii, this __ .__ ____ __
day of , A.D., 19 •
The condition of this obligation if such that is the above bo-..mded principal
-=-::-:-:~'"""'!::-:;-~----:----:---~:--:-:--. shall fully and faithful.l;r perform and
fUlfill all the requirements and stipulations contained and set forth in and by
contract dated entered into by said principal for
all in accordance with plans for said project, Job No. on file in the
office of the Chief Engineer, conforming in all respects to the stipulations,
covenants and said contract as it now exists or ma:r be modified according to its
terms, and shall promptly pay all just claims for labor and materials used in the
prosecution of the work provided for in the aforesaid contract; and shall deliver
the said work to the said County of Hawaii or to its successors or assigns fUlly
completed as in said agreement specified free from all liens and claims and
without further cost, expense or charge to the said County of Hawaii, its
successors or assigns, than is agreed to or provided for in said agreement, and
shall save the said County of Hawaii, its officers or agents, successors or
assigns, free and harmless from all suits or actions of every nature and kind
which ma:r be brought for or on account of any injury or damage, direct or indirect
arising or growing out of the doing of said work or the repair or maintenance
thereof or th~~er of doing the same or the neglect of the said principal
or.. legal representatives, agents or
servants or the improper •.perfor.mance . .'of· the said" work by-:said· 'Principal or from
any other cause, then this obligation shall be void; otherwise it shall be and
remain in full force and effect.
AND IT IS HEREBY STIPULATED AND AGREED that no chanee, extension, alteration,
deduction or addition in or to the terms of the said contract including the plans
or specifications permitted by said contract, shall in any wise affect the
obligation of the principal and the surety ott this bond.
AND IT IS HEREBY STIPULATED AND AGREED that suit on·:.this bond may be
brought before a court or competent jurisdiction without a jury, and that the
sum or sums specified in· the said contract as liquidated damages shall be
considered as and held to be fixed and liquidated damages to be forfeited to
the County of Hawaii, its successors or assigns, in the event of a breach o£
any or all or any part of the coven~1ts, conditions, stipulations, or promises
contained in said contract and this obligation, in accordance with the terms
thereof; that the right of action contemplated under and by provisions of
Sections 103-34 and 507-17, Hawaii Revised Statutes, shall inure to the benefit
of any and all persons entitled to file claims for labor and materials furnished
said contractor.
\-IITNESS:
------------------------·-----PRINCIPAL
SURETY
Sample: V.E.C.P. Forms
Sample: Change Order Estimate Form
Sample: Change Order Form·
Sample: Proposal Envelope Form
•
VALUE ENGL'!EERING CHAtJGE PROPOSAL
(Contractor Required Information)
----F~r-om __ : ________________________ ~ __ Date: _______________ _.
To: Chief En£ine"'ii;v_l;l,2eP'Jt=•'-"o:;r:~Pu~-bZl;i:;;c:w;;;o;;r;;k;;s:::::-__ VECP No.
Project: Contract No • location-=-------------------..,...--------~
--~-----------------------------=INFiffiif.'o:'iiRMAi'ff.:T~I;;;:ON~REQ=;;uie1RE~D~OF~T:=;HE~C:l'JO:',;Nr:::;:RA~CT="..;o~R"'(7!:I~f:=an=swe""""r==:t•o"""'a.ny~'"'o';:f"':t~h":'e"":'ro:;:ll~owin::;::o:g~=·•"._
questions is "Yes", explain in Remarks below.)
1.
2.
3·
4o
i
YES NO
Does this proposed change affect the time of completion of
the contract as stated in the General Clauses?
Has the Contractor submitted this p~ed ch!:l:an~ge_p_r_e_VJ.-:.-o-u-sl:-y-----------
to this offi~e or any other Government agency?
Does this change affect other costs to the Government, such
as Government-furnished property or costs of contract-
related items?
Does this p;:"~;;:;po.;os_e_d-:-c-:-han--g-e-increase the maintenance or
s. --~~o~~.ration costs of ori&inal or proposed items?
Is a subcontractor involved in this }ll'oposed change to the
original :~tract?
6. -7-
Does the Contr.:.a:.ct::;o:;r::...;.in:-:t-e-n-:d-t-:-o~r-e-s~t-r~i-ct-:-t~h-e·-::Go~ve-rnm--e-n-:t-::,-s------------t
ri~ht to use ~data described in this proposed chan~e?
Does this proposed change involve use of proprietary
materials?
CHANGES AND/OR REVISIONS TO DRAl>IINGS AND SPECIFICATIONS (Attach applicable
contract drawings and_ specifications, including Contractor's or shop drawings
or literature with all changes marked on the drawings and specifications.
RDIARKS:
=-~==~==~=-: =====---=-=====~======~====== _ Rec'd. by Gov•t. Gov't Representative: Contracto-;,-;-Representative:!
(s) (s)
------------------------------------------------~-------------------------------
Sheet ___;1;;,._ of _.;;;2_
•
•
. SAHPLE FORE
I
'
VALUE ENGINEERING CHANGE PRORlSAL
{Contractor Summary Submittal)
'=~~==~======~======================~--=====
! From: . ...,,...,.._,.......,..__ Date: .... ----------
; To:_..£,.hief Filgineer, ~Artment of~Qlic vlorks-VECP No·...,.--------
i Project :---------~-----------Contract No. _______ _
! location:-----·------------
; SUMMARY OF CHANGE (Description -Compare advantages and disadvantages)
j
:~==========~==-=~--=-=-===-~========-== i ESTIMATED COST SUMMARY (Costs shall be estimated in accordance with the change
' provisions contained in the General Clauses of the contract. Attach Cost
Estimating Form, for detailed estimate 1-1hemiver applicable.)
Unit Pr. 0uAO.
-I
Total :
A. Original • 0 • • • • -• • • • • 0
B. Proposed .• • • • • 0 • 0 • • • • c. Gross Savings (A-B) • • • • • • • D. Contractor's Implementing Cost • -E. Total Estimated Decrease (C-D) • F. State's Implementing Cost • • • G, Difference (E-F) • • • • • • • •
H. l/2 Difference (~F) • • • • . ..
I, Reduction in Contract Price (E-H)
=""
: DATE BY WHICH A CHANGE ORDER MUST BE ISSUED
. SO AS TO OBTAIN MA.XDruM COST REDUCTION , o • • •
:=======~======--=~--~----=-=·======:~===-==~~======
Rec'd, by County County Representative:
(s)
------·~---·'-' -----·~--------'-
Contractor 1 s Representative: i
(s)
Sheet
;
' '
_.:;2_ of.2..._ i
SAHPLE FORI•l
Contractor
Project Title
Job No.
Contract I~o.
DEPA.Rl'l1ENT OF PUBLIC 1'/0RKS
COUNTY OF HAWAII
ESTIMATE --------
------------------------
Order No._. ________ _
-------Date ______ . _______________ __
Work is to be performed in accordance with the Specifications, Plans
and special provisions pertaining to same
------·--~--------------------------------------------------------Note here as specifically as possible the item, quantity, and location of
the work required, with an accurate description of its character, using sketches
if necessary. Also note any quantities or work which this replaces and show
net value or quantity of extra, or deduction.
Submitted by:
CONTRACTOR TIT IE
DEI'ARnlr~:-11' OF I'l!J:LTC WO!tKS
COUNTY OF HAWAII
CHANGE ORDER e. .tractor·······-···--__:_-·····-·········-············-··-·-·-·--·
Project Title ····---·-····-----------
Job Na. ··'·····--·-··--··
Contrad No •. ·--····-·-···-·-·····-·
Order Na. ···············-~·-·····---
Date •••••.•.••• -······-··-·········-····-······
,Wnrk 1.: to be per!onned In aeeordanee with tho Speolllcallons, l'l:ns and •peelal provisions pcrtalnlnl! to same
Note here as specJIJcaUy as possible the item, qu;antity, :1nd loca.tinn ol the work required, with an ac:cur.1te desc:ripUon
ot lls char:acter, u.•lng sketches ii nceessary. Also note an:y quantities or work which this replaces anll show 1101 value or
quantll:y ot extra, or deduction.
STATEI-IF.NT OF FL'"NDS
A. Original contract amount •••••••••••······~·····•••••••·••••••• $
B. This chan~te order ar.:ount $. _________ _
C. Previously approved chan~e orders
D. Total change order amount (all approved & proposed C.O.)
E. ~ew contract amount .•......•... , . , , , • • . • • . . . . . . . . . . . . . . . • • . . • $
TI!-IE EXTENSION
F.
G.
H.
Original contract time ---~----~~~g. da. Completion date ---------------
Time ext, previously granted ~kg, da. Completion date ----------------
Time ext, granted under this change order-------~--~ 1,~2. da.
[(D ~ ~) -r.] New Completion date
ubmitted by: Noted with Approval:
Bureau Head, DPH Date Director of Finance Date
ccommended for Approval: Approved. as to .Form and Legality:
-Chief EnJ::ineer Date Corporation Counsel Date
ccepted: Approved:
Contractor Date llayor Dntc
To be opened at the
OFFICE OF TilE CHIEF ENGINEER
DEPAU.TMENT OF PUBLIC WOIUffi
County BuildiDg, Hilo, Hawaii 96720
At~.....:o'cloci~M,. ___ l9_
Job No. __ _
OIDDU MUST USE THIS ENVELOPE
IN SUIMitJING tENDER
PROPOSALS FOR
To The MAYOR
COUNTY OF HAWAII
BID DEl..__ ________ _
. ----·-·-··-·-.. -----------·
HILO, HAW All 96720
Sample: Non-Gratuity Ai'fidavit
(
NQN:QRATUITY AFFIDAVIT
(A release form to be executed and filed by
contractor before final payment is made.)
Contractor ----------------------
Contract Nco
COUNTY OF HAWAII )
) SS:
STATE OF HAWAII )
The undersigned hereby certifies that he is the ______ ~~~~-----
(title)
of • that in connection with the above
(name of partnership or ,corporation) '
contract/project, he or its officers, representatives, agents, subcontractors
or employees have not given or made any agreement to give any County of HaHaii
employee, the employee's relatives or agents any gift of money or otherwise,
or anything of value; has not been influenced by any County of Ha•·raii employee,
the employee's relatives or agents in the renting or purchasing of any equip-
ment or supplies of any nature whatsoever.
Subscribed and sworn to before me
this day of :; 19_o
Nota..r-.1 Public~ Third Judicial
Circuit.:: State of Ha<,raii.
Hy commission expires=--~,