FINAL SPECIFICATIONS HWY OM 2027 39.pdf

STATE OF HAWAII

DEPARTMENT OF TRANSPORTATION

HIGHWAYS DIVISION

HONOLULU, HAWAII

SPECIAL PROVISIONS

PROPOSAL

CONTRACT AND BOND

FOR

FENCING REPAIRS

AT VARIOUS LOCATIONS

PROJECT NO. HWY-OM-2027-39

ISLAND OF OAHU

FY 2027

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NOTICE TO BIDDERS

Hawaii Revised Statutes (HRS), Chapter 103D

The receiving of bids for FENCING REPAIRS AT VARIOUS LOCATIONS, ISLAND OF OAHU, PROJECT NO. HWY-OM-2027-39, will begin as of the HIePRO

Release Date. Bidders shall register and submit complete bids through HIePRO only. Refer to the following HIePRO link for important information on Vendor Registration:

https://hiepro.ehawaii.gov/welcome.html.

The solicitation, specifications, proposal, and additional documents designated or incorporated by reference shall be available in HIePRO.

HIePRO OFFER DUE DATE AND TIME is November 6, 2026, at 2:00 p.m., Hawaii

Standard Time (HST). Bidders shall submit and upload the complete proposal to HIePRO prior to the offer due date and time. Proposals received after said due date and time shall not be considered. Any additional support documents explicitly designated as confidential and/or proprietary shall be uploaded as a separate file to HIePRO. Bidders shall not include confidential and/or proprietary documents as part of their proposal. The record of each bidder and their respective proposal shall be open to public inspection. FAILURE

TO UPLOAD THE PROPOSAL TO HIePRO SHALL BE GROUNDS FOR REJECTION.

The scope of work consists of fencing repairs on the Island of Oahu on an open end, “as-needed” basis.

To be eligible for award, bidders shall possess a valid State of Hawaii General

Engineering "A", or Specialty Contractors "C-32" license at the time of bidding.

A virtual pre-bid conference is scheduled for October 21, 2026, at 10:00 a.m. HST.

Interested bidders shall contact Jennifer Russell, Project Manager, directly at

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jennifer.t.russell@hawaii.gov, no later than one working day prior to the scheduled pre-bid conference to receive the meeting invitation. All prospective bidders and/or their respective representatives are encouraged to attend, however, attendance is not mandatory. All information presented at the pre-bid conference shall be provided for clarification and information only. Any amendments to the solicitation shall be made by formal addendum and posted in HIePRO.

All Request for Information (RFI) questions and Substitution Requests shall be submitted in HIePRO no later than October 23, 2026, at 2:00 p.m., HST. RFI questions received after the stated deadline shall not be addressed. Substitution Requests received after the stated deadline shall not be considered. Verbal RFI(s) shall not receive a response. All responses to

RFI questions shall be provided for clarification and information only and issued by formal addendum. Any amendments to the solicitation shall be made by formal addendum and posted in HIePRO.

If there is a conflict between the solicitation and information stated in the pre-bid conference, the meeting minutes, and/or the responses to RFI questions, the solicitation shall govern and control, unless as amended by formal addendum.

Apprenticeship Preference. A five percent bid adjustment for bidders that are party to apprenticeship agreements pursuant to HRS § 103-55.6 is applicable to this project.

Employment of State Residents on Construction Procurement Contracts. Compliance with HRS § 103B-3 is a requirement for this project whereby a minimum of 80 percent of the bidder's work force on this project shall consist of Hawaii residents.

Campaign contributions by State and County Contractors. Contractors are hereby notified of the applicability of HRS § 11-355, which states that campaign contributions are prohibited from specified State or County government contractors during the term of the contract

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if the contractors are paid with funds appropriated by a legislative body. For more information, contact the Campaign Spending Commission at (808) 586-0285.

Protests. Any protest of this solicitation shall be submitted in writing to the Director of

Transportation, in accordance with HRS § 103D-701 and Hawaii Administrative Rules § 3-126.

Bidders are hereby notified that the Department of Transportation shall affirmatively ensure that contracts entered into pursuant to this advertisement shall be awarded to the lowest responsible bidder without discrimination on the basis of race, color, national origin, sex, age, disability, or any other protected status recognized under applicable State and federal law.

Driving While Impaired (DWI) Education. The Hawaii Department of

Transportation (HDOT) encourages all organizations contracted with HDOT to have an employee education program preventing DWI. DWI is defined as operating a motor vehicle while impaired by alcohol or other legal or illegal substances. HDOT promotes this type of program to accomplish our mission to provide a safe environment for motorists, bicyclists and pedestrians utilizing our State highways, and expects its contractors to do so as well.

For additional information, contact Jennifer Russell, Project Manager, by phone at

(808) 692-7572 or by email at jennifer.t.russell@hawaii.gov.

The State reserves the right to reject any or all proposals and to waive any defects in said proposals in the best interest of the public.

ROBIN K. SHISHIDO

Deputy Director of Transportation for Highways

HIePRO RELEASE DATE: October 16, 2026

HWY-OM-2027-39

-1- 9/14/26

TABLE OF CONTENTS

Instructions for Contractor’s Licensing

Special Provisions Title Page

Special Provisions

DIVISION 100 - GENERAL PROVISIONS

Section Description Pages

101 Terms, Abbreviations, and Definitions 101-1a – 101-13a

102 Bidding Requirements and Conditions 102-1a – 102-13a 103 Award and Execution of Contract 103-1a – 103-5a 104 Scope of Work 104-1a – 104-3a 105 Control of Work 105-1a – 105-2a 106 Material Restrictions and Requirements 106-1a 107 Legal Relations and Responsibility to Public 107-1a – 107-4a 108 Prosecution and Progress 108-1a – 108-25a 109 Measurement and Payment 109-1a – 109-2a 110 Fencing Repairs at Various Locations 110-1a – 110-7a

DIVISION 600 - INCIDENTAL CONSTRUCTION

Section Description Pages

607 Chain Link Fences and Gates 607-1a 621 Invasive Species Management 621-1a -621-13a 645 Work Zone Traffic Control 645-1a – 645-18a 671 Protection of Endangered Species 671-1a – 671-6a

Oahu Work Zone Areas………………………………………………………… Figure 1

Work Order Form ….……………………………………..……………............. Figure 2

Requirements of Chapter 104, HRS Wages and Hours of Employees on Public Works Law

Proposal Title Page

Proposal ……………………………………………………………..………… P-1 – P-5

Proposal Schedule ………………………………………..………………….. P-6 – P-32

Surety Bid Bond

-2- 9/14/26

Sample Form Title Page

Contract

Performance Bond (Surety)

Performance Bond

Labor and Material Payment Bond (Surety)

Labor and Material Payment Bond

Chapter 104, HRS Compliance Certificate

Certification of Compliance for Employment of State Residents

END OF TABLE OF CONTENTS

HAI

-1- 9/01/02

INSTRUCTIONS FOR CONTRACTOR’S LICENSING

"A" general engineering contractors and "B" general building contractors are reminded that due to the Hawaii Supreme Court’s January 28, 2002 decision in Okada Trucking Co., Ltd. v. Board of Water Supply, et al., 97 Haw. 450 (2002), they are prohibited from undertaking any work, solely or as part of a larger project, which would require the general contractor to act as a specialty contractor in any area where the general contractor has no license. Although the "A" and "B" contractor may still bid on and act as the "prime" contractor on an "A" or "B" project (See, HRS § 444-7 for the definitions of an "A" and "B" project.), respectively, the "A" and "B" contractor may only perform work in the areas in which they have the appropriate contractor’s license (An "A" or "B" contractor obtains "C" specialty contractor’s licenses either on its own, or automatically under HAR § 16-77-32.). The remaining work must be performed by appropriately licensed entities. It is the sole responsibility of the contractor to review the requirements of this project and determine the appropriate licenses that are required to complete the project.

4/26/06

STATE OF HAWAII

DEPARTMENT OF TRANSPORTATION

HIGHWAYS DIVISION

HONOLULU, HAWAII

S P E C I A L P R O V I S I O N S

These Special Provisions shall supplement and/or amend the applicable provisions of the Hawaii Standard Specifications for Road and Bridge Construction, 2005, hereinafter referred to as the "Standard Specifications".

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Amend Section 101 - TERMS, ABBREVIATIONS, AND DEFINITIONS to read as1 follows:2

“DIVISION 100 - GENERAL PROVISIONS4

SECTION 101 - TERMS, ABBREVIATIONS, AND DEFINITIONS7

101.01 Meaning of Terms. The specifications are generally written in the9 imperative mood. In sentences using the imperative mood, the subject, “the10 Contractor shall”, is implied. In the material specifications, the subject may also11 be the supplier, fabricator, or manufacturer supplying material, products, or12 equipment for use on the project. The word “will” generally pertains to decisions13 or actions of the State.14

When a publication is specified, it refers to the most recent date of issue,16 including interim publications, before the bid opening date for the project, unless a17 specific date or year of issue is provided.18

101.02 Abbreviations. Meanings of abbreviations used in the specifications,20 on the plans, or in other contract documents are as follows:21

AAN American Association of Nurserymen23

AASHTO American Association of State Highway and25

Transportation Officials26

ACI American Concrete Institute28

ADA Americans with Disabilities Act30

ADAAG Americans with Disabilities Act Accessibility Guidelines32

AGC Associated General Contractors of America34

AIA American Institute of Architects36

AISC American Institute of Steel Construction38

AISI American Iron and Steel Institute40

ANSI American National Standards Institute42

APA American Plywood Association44

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ARA American Railway Association46

AREA American Railway Engineering Association48

ASA American Standards Association50

ASCE American Society of Civil Engineers52

ASLA American Society of Landscape Architects54

ASTM American Society for Testing and Materials56

AWG American Wire Gauge58

AWPA American Wood Preserver's Association60

AWS American Welding Society62

AWWA American Water Works Association64

BMP Best Management Practice66

CCO Contract Change Order68

CFR Code of Federal Regulations70

CRSI Concrete Reinforcing Steel Institute72

DCAB Disability and Communication Access Board, Department of74 Health, State of Hawaii75

DOTAX Department of Taxation, State of Hawaii77

EPA U.S. Environmental Protection Agency79

FHWA Federal Highway Administration,81

U.S. Department of Transportation82

FSS Federal Specifications and Standards,84 General Services Administration, U.S. Department of Defense85

HAR Hawaii Administrative Rules87

HDOT Department of Transportation, State of Hawaii89

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HIOSH Occupational Safety and Health, Department of Labor and91 Industrial Relations, State of Hawaii92

HMA Hot Mix Asphalt94

HRS Hawaii Revised Statutes96

ICEA Insulated Cable Engineers Association (formerly IPCEA)98

IMSA International Municipal Signal Association100

IRS Internal Revenue Service102

ITE Institute of Transportation Engineers104

MUTCD Manual on Uniform Traffic Control Devices for Streets and106

Highways, FHWA, U.S. Department of Transportation107

NCHRP National Cooperative Highway Research Program109

NEC National Electric Code111

NEMA National Electrical Manufacturers Association113

NFPA National Forest Products Association115

NPDES National Pollutant Discharge Elimination System117

OSHA Occupational Safety and Health Administration/Act,119 U.S. Department of Labor120

SAE Society of Automotive Engineers122

SI International Systems of Units124

UFAS Uniform Federal Accessibility Standards126

UL Underwriter's Laboratory128

USGS U.S. Geological Survey130

VECP Value Engineering Cost Proposal132 101.02133

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101.03 Definitions. Whenever the following words, terms, or pronouns are135 used in the contract documents, unless otherwise prescribed therein and without136 regards to the use or omission of uppercase letters, the intent and meaning shall137 be interpreted as follows:138

Addendum (plural - Addenda) - A written or graphic document, including140 drawings and specifications, issued by the Director during the bidding period. This141 document modifies or interprets the bidding documents by additions, deletions,142 clarifications or corrections.143

Addition (to the contract sum) - Amount added to the contract sum by change145 order.146

Advertisement - A public announcement inviting bids for work to be performed or148 materials to be furnished.149

Amendment - A written document issued to amend the existing contract between151 the State and Contractor and properly executed by the Contractor and Director.152

Award - Written notification to the bidder that the bidder has been awarded a154 contract.155

Bad Weather Day (or Unworkable Day) - A day when weather or other conditions157 prevent a minimum of four hours of work with the Contractor’s normal work force158 on critical path activities at the site.159

Bag - 94 pounds of cement.161

Barrel - 376 pounds of cement.163

Base Course - The layer or layers of specified material or selected material of a165 designed thickness placed on a subbase or subgrade to support a surface course.166

Basement Material - The material in excavation or embankments underlying the168 lowest layer of subbase, base, pavement, surfacing or other specified layer.169

Bid - See Proposal.171

Bidder - An individual, partnership, corporation, joint venture or other legal entity173 submitting, directly or through a duly authorized representative or agent, a174 proposal for the work or construction contemplated.175

Bidding Documents (or Solicitation Documents) - The published solicitation177 notice, bid requirements, bid forms and the proposed contract documents including178 all addenda and clarifications issued prior to receipt of the bid.179

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Bid Security - The security furnished by the bidder from which the State may181 recover its damages in the event the bidder breaches its promise to enter into a182 contract with the State, or fails to execute the required bonds covering the work183 contemplated, if its proposal is accepted.184

Blue Book - EquipmentWatch Cost Recovery (formerly known as186 EquipmentWatch Rental Rate Blue Book), available from EquipmentWatch, a187 division of Penton, Inc.188

Calendar Day - See Day.190

Change Order (or Contract Change Order) - A written order signed by the192 Engineer issued with or without the consent of the Contractor directing changes in193 the work, contract time or contract price. The purposes of a change order include,194 but are not limited to (1) establishing a price or time adjustment for changes in the195 work; (2) establishing full payment for direct, indirect, and consequential costs,196 including costs of delay; (3) establishing price adjustment or time adjustment for197 work covered and affected by one or more field orders; or (4) settling Contractor’s198 claims for direct, indirect, and consequential costs, or for additional contract time,199 in whole or in part.200

Completion - See Substantial Completion and Final Completion.202

Completion Date - The date specified by the contract for the completion of all204 work on the project or of a designated portion of the project.205

Comptroller - the Comptroller of the State of Hawaii, Department of Accounting207 and General Services.208

Contract - The written agreement between the Contractor and the State, by which210 the Contractor shall provide all labor, equipment, and materials and perform the211 specified work within the contract period stipulated, and by which the State of212 Hawaii is obligated to compensate the Contractor at the prices set forth in the213 contract documents.214

Contract Certification Date - The Date on which the Deputy Comptroller for the216 State of Hawaii (or authorized representative) signs the Contract Certification.217

Contract Completion Date - The calendar day on which all work on the project,219 required by the contract, must be completed. See CONTRACT PERIOD.220

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Contract Documents - The contract, solicitation, addenda, notice to bidders,222 Contractor’s bid proposal (including wage schedule, list of subcontractors and223 other documentations accompanying the bid), notice to proceed, bonds, general224 provisions, special provisions, specifications, drawings, all modifications, all written225 amendments, change orders, field orders, orders for minor changes in the work,226 the Engineer’s written interpretations and clarifications issued on or after the227 effective date of the contract.228

Contract Item (Pay Item) - A specific unit of work for which there is a price in the230 contract.231

Contract Modification (Modification) - A change order that is mutually agreed to233 and signed by the parties to the contract.234

Contract Period - The number of months provided for completion of the contract,236 inclusive of authorized time extensions. Contract time shall commence on the237 Notice to Proceed Date.238

Contract Price - The amount designated on the face of the contract for the240 performance of work.241

Contract Time (or Contract Duration) - The number of calendar or working days243 provided for completion of a work order, inclusive of authorized time extensions.244 Contract time shall commence on the Start Work Date and end on the Substantial245 Completion Date. If in lieu of providing a number of calendar or working days, the246 work order requires completion by a certain date, the work shall be completed by247 that date.248

Contracting Officer - See Engineer.250

Contractor - Any individual, partnership, firm, corporation, joint venture, or other252 legal entity undertaking the execution of the work under the terms of the contract253 with the State.254

Critical Path - Longest logical sequence of activities that must be completed on256 schedule for the entire project to be completed on schedule.257

Day - Any day shown on the calendar, beginning at midnight and proceeding up259 to, but not including, midnight the following day. If no designation of calendar or260 working day is made, "day" shall mean calendar day.261

Department - The Department of Transportation of the State of Hawaii263 (abbreviated HDOT).264

Director - The Director of the HDOT acting directly or through duly authorized266 representatives.267

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Plans (or Drawings) - The contract drawings in graphic or pictorial form including269 the notes, tables and other notations thereon indicating the design, location,270 character, dimensions, and details of the work.271

Engineer - The Highway Administrator, Highways Division, HDOT, or the273 authorized person delegated to act on the Administrator’s behalf.274

Equipment - All machinery, tools, and apparatus needed to complete the contract.276

Field Order - A written order issued by the Engineer or the Engineer’s authorized278 representative to the Contractor requiring a change or changes to the contract279 work. A field order may (1) establish a price adjustment or time adjustment; or (2)280 may declare that no adjustment will be made to contract price or contract time; or281

(3) may request the Contractor to submit a proposal for an adjustment to the282 contract price or contract time.283

Final Acceptance - The Status of the project when the Engineer finds that the285 Contractor has satisfactorily completed all contract work in compliance with the286 contract including all plant establishment requirements, and all the materials have287 been accepted by the State.288

Final Completion - The date set by the Director that all work required by the290 contract has been completed in full compliance with the contract documents.291

Final Inspection - Inspection where all contract items (with the exception of293 Planting Period and Plant Establishment Period) are accepted by the Engineer.294 Substantial Completion will be issued by the Engineer based on the satisfactory295 results of the Final Inspection.296

Float - The amount of time between when an activity can start and when an activity298 must start, i.e., the time available to complete non-critical activities required for the299 performance of the work without affecting the critical path.300

Guarantee - Legally enforceable assurance of the duration of satisfactory302 performance of quality of a product or work.303

Hawaii Administrative Rules - Rules adopted by the State in accordance with305 Chapter 91 of the Hawaii Revised Statutes, as amended.306

Hawaii eProcurement System (HIePRO) - The State of Hawaii eProcurement308 System for issuing solicitations, receiving proposals and responses, and issuing309 notices of award.310

Highway (Street, Road, or Roadway) - A public way within a right-of-way312 designed, intended, and set aside for use by vehicles, bicyclists, or pedestrians.313

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Highways Division - The Highways Division of the Hawaii Department of315 Transportation constituted under the laws of Hawaii for the administration of316 highway work.317

Holidays - The days of each year which are set apart and established as State319 holidays pursuant to Chapter 8 of the Hawaii Revised Statutes, as amended.320

Inspector - The Engineer's authorized representative assigned to make detailed322 inspections of contract performance, prescribed work, and materials supplied.323

Laboratory - The testing laboratory of the Highways Division or other testing325 laboratories that may be designated by the Engineer.326

Laws - All Federal, State, and local laws, executive orders and regulations having328 the force of law.329

Leveling Course - An aggregate mixture course of variable thickness used to331 restore horizontal and vertical uniformity to existing pavements or shoulders.332

Liquidated Damages - The amount prescribed in Subsection 108.08 - Liquidated334 Damages for Failure to Complete the Work or Portions of the Work on Time, to be335 paid to the State or to be deducted from any payments payable to or, which may336 become payable to the Contractor.337

Lump Sum (LS) - When used as a payment method means complete payment339 for the item of work described in the contract documents.340

Material - Any natural or manmade substance or item specified in the contract to342 be incorporated in the work.343

Notice to Bidders - The advertisement for proposals for all work or materials on345 which bids are required. Such advertisement will indicate the location of the work346 to be done or the character of the material to be furnished and the time and place347 for the opening of proposals.348

Notice to Proceed - Written notice from the Engineer to the Contractor identifying350 the date on which the Contractor is to begin procuring materials and required351 permits and adjusting work forces, equipment, schedules, etc. prior to beginning352 physical work.353

Pavement - The uppermost layer of material placed on the traveled way or355 shoulders or both. Pavement and surfacing may be interchangeable.356

Pavement Structure - The combination of subbase, base, pavement, surfacing or358 other specified layer of a roadway constructed on a subgrade to support the traffic359 load.360

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Payment Bond - The security executed by the Contractor and surety or sureties362 furnished to the Department to guarantee payment by the Contractor to laborers,363 material suppliers and subcontractors in accordance with the terms of the contract.364

Physical Work - Physical construction activities on the project site or at366 appurtenant facilities including staging areas. It includes; (i) building or installing367 any structures or facilities including, but not limited to sign erection; BMP368 installation; field office site grading and building; (ii) removal, adjustment, or369 demolition of physical obstructions on site; (iii) any ground breaking activities; and370

(iv) any utility work. It does not include pre-construction environmental testing371 (such as water quality baseline measurements) that may be required as part of372 contract.373

Pre-Final Inspection - Inspection scheduled when Contractor notifies Engineer375 that all physical work on the project, with the exception of planting period and plant376 establishment period, has been completed. Notice from Contractor of substantial377 completion will suspend contract time until Contractor receives punchlist from378 Engineer.379

Profile Grade - The elevation or gradient of a vertical plane intersecting the top381 surface of the proposed pavement.382

Project Acceptance Date - The calendar day on which the Engineer accepts the384 project as completed. See Final Completion.385

Proposal (or Bid) - The offer of a Bidder, on the prescribed HDOT form, to perform387 the work and to furnish the labor and materials at the prices quoted.388

Public Traffic - Vehicular or pedestrian movement on a public way.390

Punchlist - A list compiled by the Engineer specifying work yet to be completed or392 corrected by the Contractor in order to substantially complete the contract.393

Questionnaire - The specified forms on which the bidder shall furnish required395 information as to its ability to perform and finance the work.396

Request for Change Proposal - A written notice from the Engineer to the398 Contractor requesting that the Contractor provide a price and/or time proposal for399 contemplated changes preparatory to the issuance of a field order or change order.400

Right-of-Way - Land, property, or property interests acquired by a government402 agency for, or devoted to transportation purposes.403

Roadbed - The graded portion of a highway within top and side slopes, prepared405 as a foundation for the pavement structure and shoulders.406

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Roadside - The area between the outside edges of the shoulders and the right-of-408 way boundaries. Unpaved median areas between inside shoulders of divided409 highways and infield areas of interchanges are included.410

Section and Subsection - Section or subsection shall be understood to refer to412 these specifications unless otherwise specified.413

Shop Drawings - All drawings, diagrams, illustrations, schedules and other data415 or information which are specifically prepared or assembled by or for the416 Contractor and submitted by the Contractor to illustrate some portion of the work.417

Shoulder - The portion of the roadway next to the traveled way for:419 accommodation of stopped vehicles, placement of underground facilities,420 emergency use, and lateral support of base and surface courses.421

Sidewalk - That portion of the roadway primarily constructed for use by423 pedestrians.424

Solicitation - An invitation to bid or request for proposals or any other document426 issued by the Department to solicit bids or offers to perform a contract. The427 solicitation may indicate the time and place to receive the bids or offers and the428 location, nature and character of the work, construction or materials to be provided.429

Specifications - Compilation of provisions and requirements to perform431 prescribed work.432

(A) Standard Specifications. Specifications by the State intended for434 general application and repetitive use.435

(B) Special Provisions. Revisions and additions to the standard437 specifications applicable to an individual project.438

Standard Plans - Drawings provided by the State for specific items of work440 approved for repetitive use.441

State - The State of Hawaii, its Departments and agencies, acting through its443 authorized representative(s).444

State Waters – All waters, fresh, brackish, or salt, around and within the State,446 including, but not limited to, coastal waters, streams, rivers, drainage ditches,447 ponds, reservoirs, canals, ground waters, and lakes; provided that drainage448 ditches, ponds, and reservoirs required as a part of a water pollution control system449 are excluded.450

Start Work Date - Date on which Contractor begins physical work on the contract.452 This date shall also be the beginning of Contract Time.453

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Structures - Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing,455 manholes, endwalls, buildings, sewers, service pipes, underdrains, foundation456 drains, and other such features that may be encountered in the work.457

Subbase - A layer of specified material of specified thickness between the459 subgrade and a base.460

Subcontract - Any written agreement between the Contractor and its462 subcontractors which contains the conditions under which the subcontractor is to463 perform a portion of the work for the Contractor.464

Subcontractor - An individual, partnership, firm, corporation, joint venture, or466 other legal entity, as licensed or required to be licensed under Chapter 444, Hawaii467 Revised Statutes, as amended, which enters into an agreement with the468 Contractor to perform a portion of the work.469

Subgrade - The top surface of completed earthwork on which subbase, base,471 surfacing, pavement, or a course of other material is to be placed.472

Substantial Completion - The Status of the project when the Contractor has474 completed the work, except for the planting period and plant establishment period,475 and each of the following requirements are met:476

(1) All traffic lanes (including shoulders, ramps, sidewalks and bike478 paths) are in their final configuration as designed and the final479 wearing surface has been installed;480

(2) All operational and safety devices have been installed in accordance482 with the contract documents including guardrails, end treatments,483 traffic barriers, required signs and pavement markings, drainage,484 parapet, and bridge and pavement structures;485

(3) All required illumination and lighting for normal and safe use and487 operation is installed and functional in accordance with the contract488 documents;489

(4) All utilities and services are connected and working;491

(5) The need for temporary traffic controls or lane closures at any time493 has ceased, except for lane closures required for routine494 maintenance;495

(6) The building, structure, improvement or facility can be used for its497 intended purpose.498

Substantial Completion Date - The date the Substantial Completion is granted500 by the Engineer in Writing and Contract Time stops.501

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Superintendent - The employee of the Contractor who is responsible for all the503 work and is a Contractor’s agent for communications to and from the State.504

Surety - The qualified individual, firm or corporation other than the Contractor,506 which executes a bond with and for the Contractor to insure its acceptable507 performance of the contract.508

Surfacing - The uppermost layer of material placed on the traveled way or510 shoulders. This term is used interchangeably with pavement.511

Traveled Way - The portion of the roadway for the movement of vehicles,513 exclusive of shoulders.514

Unsuitable Material - Materials that contain organic matter, muck, humus, peat,516 sticks, debris, chemicals, toxic matter, or other deleterious materials not suitable517 for use in earthwork.518

Utility - A line, facility, or system for producing, transmitting, or distributing520 communications, power, electricity, heat, gas, oil, water, steam, waste, or storm521 water.522

Utility Owner - The entity, whether private or owned by a State, Federal, or County524 governmental body, that has the power and responsibility to grant approval for, or525 undertake construction work involving a particular utility.526

Water Pollutant - Dredged spoil, solid refuse, incinerator residue, sewage,528 garbage, sewage sludge, munitions, chemical waste, biological materials,529 radioactive materials, heat, wrecked or discarded equipment, rock, sand, soil,530 sediment, cellar dirt and industrial, municipal, and agricultural waste.531

Water Pollution - (1) Such contamination or other alteration of the physical,533 chemical, or biological properties of any state waters, including change in534 temperature, taste, color, turbidity, or odor of the waters, or (2) Such discharge of535 any liquid, gaseous, solid, radioactive, or other substances into any state waters,536 as will or is likely to create a nuisance or render such waters unreasonably harmful,537 detrimental, or injurious to public health, safety, or welfare, including harm,538 detriment, or injury to public water supplies, fish and aquatic life and wildlife,539 recreational purposes and agricultural and industrial research and scientific uses540 of such waters or as will or is likely to violate any water quality standards, effluent541 standards, treatment and pretreatment standards, or standards of performance for542 new sources adopted by the Department of Health.543

Work - The furnishing of all labor, material, equipment, and other incidentals545 necessary or convenient for the successful execution of all the duties and546 obligations imposed by the contract.547

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Working Day - A calendar day in which a Contractor is capable of working four or549 more hours with its normal work force, exclusive of:550

(1) Saturdays, Sundays, and recognized legal State holidays and such552 other days specified by the contract documents as non-working days,553

(2) Day in which the Engineer suspends work for four or more hours555 through no fault of the Contractor.”556

END OF SECTION 101561

102-1a 10/12/26

Make this section a part of the Standard Specifications:1

“SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS3

102.01 Prequalification of Bidders. Prospective bidders shall be capable of6 performing the work for which they are bidding.7

In accordance with HRS Chapter 103D-310, the Department may require9 any prospective bidder to submit answers to questions contained in the 'Standard10 Qualification Questionnaire For Prospective Bidders On Public Works Contracts'11 furnished by the Department, properly executed and notarized, setting forth a12 complete statement of the experience of such prospective bidder and its13 organization in performing similar work and a statement of the equipment proposed14 to be used, together with adequate proof of the availability of such equipment.15 Whenever it appears to the Department, from answers to the questionnaire or16 otherwise, that the prospective bidder is not fully qualified and able to perform the17 intended work, the Department will, after affording the prospective bidder an18 opportunity to be heard and if still of the opinion that the bidder is not fully qualified19 to perform the work, refuse to receive or consider any bid offered by the20 prospective bidder. All information contained in the answers to the questionnaire21 shall be kept confidential. Questionnaire so submitted shall be returned to the22 bidders after serving their purpose.23

No person, firm or corporation may bid where (1) the person, firm, or25 corporation, or (2) a corporation owned substantially by the person, firm, or26 corporation, or (3) a substantial stockholder or an officer of the corporation, or (4)27 a partner or substantial investor in the firm is in arrears in payments owed to the28 State or its political subdivisions or is in default as a surety or failure to do faithfully29 and diligently previous contracts with the State.30

102.02 Contents of Proposal Forms. The Department will furnish prospective32 bidders with proposal forms posted in HIePRO stating:33

(1) The location,35

(2) Description of the proposed work,37

(3) The approximate quantities,39

(4) Items of work to be done or materials to be furnished,41

(5) A schedule of items, and43

(6) The time in which the work shall be completed.45

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Papers bound with or attached to the proposal form are part of the proposal.47 The bidder shall not detach or alter the papers bound with or attached to the48 proposal when the bidder submits its proposal through HIePRO.49

Also, the bidder shall consider other documents including the plans and51 specifications a part of the proposal form whether attached or not.52

102.03 (Unassigned)54

102.04 Estimated Quantities. The quantities shown in the contract are56 approximate and are for the comparison of bids only. The actual quantity of work57 may not correspond with the quantities shown in the contract. The Department will58 make payment to the Contractor for unit price items in accordance with the contract59 for only the following:60

(1) Actual quantities of work done and accepted, not the estimated62 quantities; or63

(2) Actual quantities of materials furnished, not the estimated quantities.65

The Department may increase, decrease, or omit each scheduled67 quantities of work to be done and materials to be furnished.68

102.05 Examination of Contract and Site of Work. The bidder shall70 examine carefully the site of the proposed work and contract before submitting a71 proposal.72

By the act of submitting a bid for the proposed contract, the bidder warrants74 that:75

(1) The bidder and its Subcontractors have reviewed the contract77 documents and found them free from ambiguities and sufficient for the78 purpose intended;79

(2) The bidder and its workers, employees and subcontractors have the81 skills and experience in the type of work required by the contract documents82 bid upon;83

(3) Neither the bidder nor its employees, agents, suppliers or85 subcontractors have relied upon verbal representations from the86 Department, its employees or agents, including architects, engineers or87 consultants, in assembling the bid figure; and88

(4) The basis for the bid figure is solely on the construction contract90 documents.91

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Also, the bidder warrants that the bidder has examined the site of the work.93 From its investigations, the bidder acknowledges satisfaction on:94

(1) The nature and location of the work;96

(2) The character, quality, and quantity of materials;98

(3) The difficulties to be encountered; and100

(4) The kind and amount of equipment and other facilities needed.102

Subsurface information or hydrographic survey data furnished are for the104 bidders' convenience only. The data and information furnished are the product of105 the Department's interpretation gathered in investigations made at the specific106 locations. These conditions may not be typical of conditions at other locations107 within the project area or that such conditions remain unchanged. Also, conditions108 found at the time of the subsurface explorations may not be the same conditions109 when work starts. The bidder shall be solely responsible for assumptions,110 deductions, or conclusions the bidder may derive from the subsurface information111 or data furnished.112

If the Engineer determines that the natural conditions differ from that114 originally anticipated or contemplated by the Contractor in the items of excavation,115 the State may treat the difference in natural conditions, as falling within the116 meaning of Subsection 104.02 – Changes.117

102.06 Preparation of Proposal. The submittal of its proposal shall be on119 forms furnished by the Department. The bidder shall specify in words or figures:120

(1) A unit price for each pay item with a quantity given;122

(2) The products of the respective unit prices and quantities;124

(3) The lump sum amount; and126

(4) The total amount of the proposal obtained by adding the amounts of128 the several items.129

The words and figures shall be in ink or typed. If a discrepancy occurs131 between the prices written in words and those written in figures, the prices written132 in words shall govern.133

When an item in the proposal contains an option to be made, the bidder135 shall choose in accordance with the contract for that particular item. Determination136 of an option will not permit the Contractor to choose again.137

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The bidder shall sign the proposal properly in ink. A duly authorized139 representatives of the bidder or by an agent of the bidder legally qualified and140 acceptable to the Department shall sign, including one or more partners of the141 bidder and one or more representatives of each entity comprising a joint venture.142

When an agent, other than the officer(s) of a corporation authorized to sign144 contracts for the corporation or a partner of a partnership, signs the proposals, a145 ‘Power of Attorney’ shall be on file with the Department or submitted with the146 proposal. Otherwise, the Department will reject the proposal as irregular and147 unauthorized.148

The bidder shall submit acceptable evidence of the authority of the partner,150 member(s) or officer(s) to sign for the partnership, joint venture, or corporation151 respectively with the proposal. Otherwise, the Department will reject the proposal152 as irregular and unauthorized.153

102.07 Irregular Proposals. The Department may consider proposals155 irregular and may reject the proposals for the following reasons:156

(1) The proposal is a form not furnished by the Department, altered, or158 detached;159

(2) The proposal contains unauthorized additions, conditions, or161 alternates. Also, the proposal contains irregularities that may tend to make162 the proposal incomplete, indefinite, or ambiguous to its meaning;163

(3) The bidder adds provisions reserving the right to accept or reject an165 award. Also, the bidder adds provisions into a contract before an award;166

(4) The proposal does not contain a unit price for each pay item listed168 except authorized optional pay items; and169

(5) Prices for some items are out of proportion to the prices for other171 items.172

(6) If in the opinion of the Director, the bidder and its listed174 subcontractors do not have the Contactor’s licenses or combination of175 Contractor’s licenses necessary to complete the work.176

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Where the prospective bidder is bidding on multiple projects simultaneously178 and the proposal limits the maximum gross amount of awards that the bidder can179 accept at one bid letting, the proposal is not irregular if the limit on the gross180 amount of awards is clear, and the Department selects the awards that can be181 given.182

102.08 Proposal Guaranty. The Department will not consider a proposal184 of $25,000 or more unless accompanied by:185

(1) A deposit of legal tender; or187

(2) A valid surety bid bond, underwritten by a company licensed to issue189 bonds in the State of Hawaii, in the form and composed, substantially, with190 the same language as provided herewith and signed by both parties; or191

(3) A certificate of deposit, share certificate, cashier's check, treasurer's193 check, teller's check, or official check drawn by, or a certified check194 accepted by and payable on demand to the State by a bank, savings195 institution, or credit union insured by the Federal Deposit Insurance196 Corporation (FDIC) or the National Credit Union Administration (NCUA).197

(a) The bidder may use these instruments only to a maximum of199 $100,000.200

(b) If the required security or bond amount totals over $100,000202 more than one instrument not exceeding $100,000 each and issued203 by different financial institutions shall be acceptable.204

(c) The instrument shall be made payable at sight to the206 Department.207

(d) If bidder elects options (1) or (3) above for its bid security,209 said bid security shall be in its original form and shall be210 submitted before the bid deadline to the Contract Office,211 Department of Transportation, Aliiaimoku Hale, 869 Punchbowl212 Street, Room 103, Honolulu, Hawaii 96813. Original surety bid213 bonds do not need to be submitted to the Contracts Office.214 Bidders are reminded that a copy of its surety bid bond shall be215 included with its bid submitted and uploaded to HIePRO.216

In accordance with HRS Chapter 103D-323, the above shall be in a sum218 not less than 5% of the total amount bid per area.219

102.09 Delivery of Proposal. Bidders shall submit and upload the221 complete proposal to HIePRO prior to the bid opening date and time.222 Proposals received after said due date and time shall not be considered. Any223

102-6a 10/12/26 additional support documents explicitly designated as confidential and/or224 proprietary shall be uploaded as a separate file to HIePRO. Bidders shall225 not include confidential and/or proprietary documents with the proposal.226 The record of each bidder and respective bid shall be open to public227 inspection. Original (wet ink, hard copy) proposal documents are not required to228 be submitted. Contract award shall be based on evaluation of proposals229 submitted and uploaded to HIePRO.230

FAILURE TO UPLOAD THE COMPLETE PROPOSAL TO HIePRO SHALL BE232

GROUNDS FOR REJECTION OF THE BID.233

If there is a conflict between the specification document and the HIePRO235 solicitation, the specifications shall govern and control, unless otherwise specified.236

102.10 Withdrawal or Revision of Proposals. Bids may be modified or238 withdrawn prior to the bid opening date and time. Withdrawal or revision of239 proposal shall be completed, submitted and uploaded to HIePRO prior to the bid240 opening date and time.241

102.11 Public Opening of Proposals. Not applicable.243

102.12 Disqualification of Bidders. The Department may disqualify a245 bidder and reject its proposal for the following reasons:246

(1) Submittal of more than one proposal whether under the same or248 different name.249

(2) Evidence of collusion among bidders. The Department will not251 recognize participants in collusion as bidders for any future work of the252 Department until such participants are reinstated as qualified bidders.253

(3) Lack of proposal guaranty.255

(4) Submittal of an unsigned or improperly signed proposal.257

(5) Submittal of a proposal without a listing of subcontractors or259 containing only a partial or incomplete listing of subcontractors.260

(6) Submittal of an irregular proposal in accordance with Subsection262

102.07 - Irregular Proposals.263

(7) Evidence of assistance from a person who has been an employee of265 the agency within the preceding two years and who participated while in266 State office or employment in the matter with which the contract is directly267 concerned, pursuant to HRS Chapter 84-15.268

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(8) Suspended or debarred in accordance with HRS Chapter 104-25.270

(9) Failure to complete the prequalification questionnaire, if applicable.272

(10) Failure to attend the mandatory pre-bid meeting, if applicable.274

102.13 Material Guaranty. The successful bidder may be required to276 furnish a statement of the composition, origin, manufacture of materials, and277 samples.278

102.14 Substitution of Materials and Equipment Before Bid Opening.280 See Subsection 106.13 for Substitution of Materials and Equipment After Bid281 Opening.282

(A) General. When brand names of materials or equipment are284 specified in the contract documents, they are to indicate a quality, style,285 appearance, or performance and not to limit competition. The bidder shall286 base its bid on one of the specified brand names unless alternate brands287 are qualified as equal or better in an addendum. As specified in the Notice288 to Bidders, all requests shall be posted as a question in HIePRO under the289 “Question and Answer” tab.290

Supporting documents for specific request shall be emailed to the Project292 Manager specified in the Notice to Bidders. Request must be posted in293 HIePRO and supporting documents received by the Project Manager via294 email no later than the RFI deadline in the Notice to Bidders.295

An addendum will be issued to inform all prospective bidders of any297 accepted substitution in accordance with Subsection 102.17 – Addenda .298

(B) Statement of Variances. The statement of variances must list all300 features of the proposed substitution that differ from the contract documents301 and must further certify that the substitution has no other variant features.302 The brochure and information submitted shall be clearly marked showing303 make, model, size, options, and any other features requested by the304 Engineer and must include sufficient evidence to evaluate each feature305 listed as a variance. A request will be denied if submitted without sufficient306 evidence. If after installing the substituted product, an unlisted variance is307 discovered, the Contractor shall immediately replace the product with a308 specified product at no increase in contract price and contract time.309

(C) Substitution Denial. Any substitution request not complying with311 the above requirements will be denied.312

102.15 Preferences.314

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(A) Preference for Hawaii Products. In accordance with ACT 174,316 SLH 2022, effective June 27, 2022, Hawaii Products Preference shall not317 apply to solicitations for public works construction. Therefore, the Hawaii318 Products Preference shall not apply to this project.319

(B) Preferences for Apprenticeship Programs. In accordance with321 ACT 17, SLH 2009 – Apprenticeship Program, a 5% bid adjustment for322 bidders that are parties to apprenticeship agreements pursuant to Hawaii323 Revised Statutes (HRS) Section 103-55.6 may be applied to the bidder's324 price for evaluation purposes. These procedures apply to public works325 projects with estimated cost of $250,000 or more and entered into under the326 provisions of HRS Chapter 103.327

The following provisions apply to this Apprenticeship Program.329

(1) Definitions331

(a) “Apprenticeable trade”, HRS Section 103-55.6 (c),333 shall have the same meaning as ‘apprenticeable occupation’334 pursuant to Hawaii Administrative Rules ( HAR) Section 30-1-335 5.336

(b) “Department” means the department of labor and338 industrial relations.339

(c) “Director” means the director of labor and industrial341 relations.342

(d) “Employ” means the employment of a person in an344 employer-employee relations.345

(e) “Governmental body” means as defined in HRS347 Section 103D-104.348

(f) “Party to an apprenticeship agreement” means party to350 a registered apprenticeship program with the department of351 labor…