SPECIFICATIONS AND PROPOSAL

FOR

KAHULUI, PIER 1, ELECTRICAL UPGRADE AND STANDARDIZATION

KAHULUI HARBOR, MAUI, HAWAII

JOB P30253

STATE OF HAWAII

DEPARTMENT OF TRANSPORTATION

HARBORS

NTB-1

NOTICE TO BIDDERS

Hawaii Revised Statutes (HRS), Chapter 103D

The receiving of bids for KAHULUI, PIER 1, ELECTRICAL UPGRADE AND

STANDARDIZATION, KAHULUI HARBOR, MAUI, HAWAII, JOB P30253, 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 plans, specifications, proposal, and additional documents designated or incorporated by reference shall be available in HIePRO.

HIePRO OFFER DUE DATE AND TIME is August 31, 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 generally consists of the removal and replacement of existing electrical equipment, conductors, and conduit, and the installation of new concrete-encased conduit and conductors to serve existing high mast pole lights. The estimated cost of construction is $3,100,000.

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

Engineering “A” or General Building “B” license at the time of bidding.

NTB-2

The Hawaii Department of Transportation, Air and Water Transportation Facilities

Division, 2016 GENERAL PROVISIONS FOR CONSTRUCTION PROJECTS, applicable to this project are available on the internet at: http://hidot.hawaii.gov/administration/con/.

A virtual pre-bid conference is scheduled for July 15, 2026, at 9:00 a.m., HST.

Interested bidders shall contact Jonathan Yee, Project Manager, directly at jonathan.sw.yee@hawaii.gov, no later than five working days 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.

An optional site visit will be conducted on July 21, 2026, from 11:00 a.m. to

1:00 p.m., HST. Interested bidders shall contact Jonathan Yee, Project Manager, directly at jonathan.sw.yee@hawaii.gov, no later than five working days prior to the scheduled pre-bid site visit to receive invitation. All prospective bidders and/or their respective representatives are encouraged to attend, however, attendance is not mandatory. All information presented at the optional site visit 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 August 5, 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

NTB-3

and posted in HIePRO.

If there is a conflict between the solicitation and information stated in the pre-bid conference, pre-bid site visit, 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 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.

The Equal Employment Opportunity Regulations of the Secretary of Labor implementing

Executive Order 11246, as amended, shall be complied with on this project.

The U.S. Department of Transportation Regulation entitled “Nondiscrimination in

Federally Assisted Programs of the U.S. Department of Transportation”, Title 49, Code of

Federal Regulations (CFR), Part 21, is applicable to this project. Bidders are hereby notified that the Department of Transportation shall affirmatively ensure that the contract entered into pursuant to this advertisement shall be awarded to the lowest responsible bidder without discrimination on the grounds of race, color, national origin, or sex (as directed by 23 CFR, NTB-4

Part 200).

For additional information, contact Jonathan Yee, Project Manager, by phone at

(808) 587-1956, or by email at jonathan.sw.yee@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.

DREANALEE K. KALILI

Deputy Director of Transportation for Harbors

HIePRO RELEASE DATE : July 1, 2025

P30253

TABLE OF CONTENTS

Page

Instructions for Contractor’s Licensing…………………………………………………………………1

Special Provisions…………………………………………………….…………………….SP-1 – SP-3

Wage Rate Schedule (Not Physically included in the Bid Documents)

Specifications

Part I – GENERAL PROVISIONS FOR CONSTRUCTION PROJECTS (Not physically included)

Part II – TECHNICAL PROVISIONS

ARTICLE X PROJECT DESCRIPTION……….……………………..10-1 – 10-17

ARTICLE XI REQUIRED SUBMITTALS…………………………...…..11-1 – 11-2

ARTICLE XII MOBILIZATION AND DEMOBILIZATION……………………….12-1

ARTICLE XIII TEMPORARY WATER POLLUTION,

DUST, AND EROSION CONTROL……….……………..13-1 – 13-8

ARTICLE XIV DEMOLITION, REMOVAL, AND RELOCATION……....14-1 – 14-2

ARTICLE XV HOT MIX ASPHALT BASE COURSE…………...………………15-1

ARTICLE XVI ASPHALT CONCRETE PAVEMENT……………………………16-1

ARTICLE XVII CAST-IN-PLACE CONCRETE………………….………..17-1 – 17-7

ARTICLE XVIII ELECTRICAL WORK…………………………...……….18-1 – 18-11

Requirements of Chapter 104, HRS…………………………………………...…………………...1 - 2

Proposal………………………………………………………………………………………….P-1 – P-6

Proposal Schedule……………………………………………………………………………...P-7 – P-9

Surety Bid Bond

Sample Forms

Contract

Performance Bond (Surety)

Performance Bond

Labor and Material Payment Bond (Surety)

Labor and Material Payment Bond

Chapter 104, HRS Compliance Certificate

Certificate of Compliance for Employment of State Residents, HRS Chapter 103B

-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.

P10864

SP-1

SPECIAL PROVISIONS

The “General Provisions” are amended as follows:

1.3 DEFINITIONS

1. Section 1.3 Definitions: The definition for “Subcontractor” is amended by deleting it and replacing it with the following:

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

2. Section 1.3 Definitions: The definition for “Bid” is amended by deleting it and replacing it with the following:

“Bid – The offer of a Bidder, on the prescribed HDOT form, to perform the work and to furnish the labor and materials at the prices quoted.”

3. Add the following to 1.3 Definitions.

“HAWAII ePROCUREMENT SYSTEM (HIePRO) - The State of Hawaii eProcurement System for issuing solicitations, receiving proposals and responses, and issuing notices of award.”

“PROPOSAL (OR BID) - The offer of a Bidder, on the prescribed HDOT form, to perform the work and to furnish the labor and materials at the prices quoted.”

2.7 REQUEST FOR SUBSTITUTION OF SPECIFIED MATERIALS AND EQUIPMENT

BEFORE BIG OPENING is amended as follows:

1. The last sentence in the first paragraph (line 147 to 152) shall be replaced with the following:

“Where a bidder intends to use a material or equipment of an unspecified brand, make, or model, the bidder must submit a request to the Department for review and approval at the earliest date possible. Requests shall be submitted via email to the Contact person listed in HIePRO for the solicitation and also posted as a question in HIePRO under the question/answer tab referencing the email with the request. The request must be posted in HIePRO no later than fourteen (14) calendar days before the bid opening date.”

2. The first sentence in the second paragraph (line 154 to 156) shall be replaced with the following:

“It shall be the responsibility of the bidder to submit sufficient evidence based upon which a determination can be made by the Department that the alternate brand is a qualified equivalent.”

P30253

2.7 REQUEST FOR SUBSTITUTION OF SPECIFIED MATERIALS AND EQUIPMENT

BEFORE BIG OPENING is amended as follows:

1. The last sentence in the first paragraph (line 147 to 152) shall be replaced with the following:

"Where a bidder intends to use a material or equipment of an unspecified brand, make, or model, the bidder must submit a request to the Department for review and approval at the earliest date possible. As specified in the Notice to Bidders, all requests shall be posted as a question in HIePRO under the "Question and Answer" tab. Supporting documents for specific request shall be emailed to the Project Manager specified in the Notice to Bidders. Request must be posted to HIePRO and supporting documents received by the Project Manager no later than twenty-five (25) calendar days before the bid opening date."

SP-2

2.8 PREPARATION AND DELIVERY OF BID is amended as follows: Last Paragraph (line 189 to 192) shall be replaced with the following:

“Bidders shall submit and upload the complete proposal to HIePRO prior to the bid opening 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 with the proposal. The record of each bidder and respective bid shall be open to public inspection. Original (wet ink, hard copy) proposal documents are not required to be submitted. Contract award shall be based on evaluation of proposals submitted and uploaded to HIePRO.

FAILURE TO UPLOAD THE COMPLETE PROPOSAL TO HIePRO SHALL BE

GROUNDS FOR REJECTION OF THE BID.

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

2.11 BID SECURITY is amended by deleting (a) and replacing it with:

“(a) Unless directed otherwise in the invitation for bids, each bid shall be accompanied by bid security which is intended to protect the Department against the failure or refusal of a bidder to execute the contract for the work bid or to supply the required performance and payment bonds.

Bid security shall be in an amount equal to at least five percent of the base bid and additive alternates. Bid security shall be in one of the following forms:

(1) A deposit of legal tender;

(2) A valid surety bid bond, underwritten by a company licensed to issue bonds in the

State of Hawaii, in the form and composed, substantially, with the same language as provided herewith and signed by both parties; or

(3) A certificate of deposit; credit union share certificate; or cashier’s, treasurer’s, teller’s, or official check drawn by or a certified check accepted by a bank, savings institution, or credit union insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA) and payable at sight or unconditionally assigned to the Department. These instruments may be utilized only to a maximum of one hundred thousand dollars ($100,000.00). If the required amount totals over one hundred thousand dollars ($100,000.00), more than one instrument not exceeding one hundred thousand dollars ($100,000.00) each and issued by different financial institutions shall be accepted.

If bidder elects options (1) or (3) above for its bid security, said bid security shall be in its original form and shall be submitted before the bid deadline to the Contract Office, Department of Transportation, Aliiaimoku Hale, 869 Punchbowl Street, Room 105, Honolulu, Hawaii 96813. Original surety bid bonds do not need to be

103, SP-3

submitted to the Contracts Office. Bidders are reminded that a copy of its surety bid bond shall be included with its bid submitted and uploaded to HIePRO.”

Delete 2.12 PRE-OPENING MODIFICATION OR WITHDRAWAL OF BIDS in its entirety and replace with the following:

“2.12 PRE-OPENING MODIFICATION OF WITHDRAWAL OF BIDS. Bids may be modified or withdrawn prior to the bid opening date and time. Withdrawal or revision of proposal shall be completed and submitted and uploaded to HIePRO prior to the bid opening date and time.”

2.14 PUBLIC OPENING OF BIDS is amended by deleting 2.14 PUBLIC OPENING OF BIDS in its entirety.

HONOLULU, HAWAII

SPECIFICATIONS

PART I

GENERAL PROVISIONS

The Hawaii Department of Transportation AIR and WATER Transportation Facilities Division General Provisions for Construction Projects dated 2016 is not physically included in these specifications. The General Provisions are available at http://hidot.hawaii.gov/administration/con/

HARBORS DIVISION

SPECIFICATIONS

PART II

TECHNICAL PROVISIONS

HARBORS

10-1

ARTICLE X – PROJECT DESCRIPTION

10.0 CONTENTS

This Article X includes the following subsections:

10.1 GENERAL

10.2 SCOPE OF WORK

10.3 DIRECTOR

10.4 HARBORS DIVISION CONSTRUCTION ENGINEER

10.5 (not used)

10.6 CONTRACTORS RESPONSIBILITY

10.7 STANDARD SPECIFICATIONS AND APPROVED EQUAL

10.8 PERMITS

10.9 SHOP DRAWINGS

10.10 MODIFICATIONS TO PLANS AND SPECIFICATIONS

10.11 (not used)

10.12 LAYOUT OF WORK

10.13 TESTING

10.14 HARBOR OPERATIONS

10.15 WATERWAYS

10.16 AS-BUILT DRAWINGS

10.17 BEST MANAGEMENT PRACTICES

10.18 CONSTRUCTION ACCESS

10.19 WORKING HOURS

10.20 CONSTRUCTION SCHEDULES

10.21 HARBORS SECURITY

10.22 (not used)

10.23 (not used)

10.24 MEASUREMENT AND PAYMENT

10.1 GENERAL

The work to be done under this contract shall include the furnishing of all labor, materials and equipment, and the supervision and services necessary to construct, complete in place, ready for use, all items of work in accordance with the drawings and these specifications. The Bid shall include the total work as shown or specified.

Bidders are encouraged to examine the existing conditions at the project site to familiarize themselves with the nature and extent of work involved. For questions and clarification of the work involved, call the Harbors Project Manager, Mr. Jonathan Yee, phone no. (808) 587-1956 or at jonathan.sw.yee@hawaii.gov.

10.2 SCOPE OF WORK

In general, the work shall include but not be limited to the following items of work:

A. Mobilization and Demobilization - Sixty percent (60%) of the mobilization and demobilization lump sum bid price in the Proposal Schedule shall be paid to the Contractor upon completion of mobilization at the work site. The remaining forty

10-2 percent (40%) shall be provided upon demobilization from the work site and fulfilling all Contract requirements.

B. Environmental protection – Includes all materials, labor, maintenance, reporting necessary to prepare and provide the following: detailed Site-Specific Best Management Practice plan; compliance with all applicable federal and other state and county permit conditions; all other requirements noted in the contract plans and specifications.

C. New Work – Includes ALL items included in the Contract Documents to replace the electrical distribution equipment, wire, conduit, feeders to the light poles, and related improvements complete and in place. Includes all site work, trenching, backfilling, AC pavement repair, permits, testing, reporting, phasing, sequencing, coordination with Maui District operations, site coordination, temporary measures and controls, demolition, removals, relocation, salvaging, reinstallation, coordination, and all incidentals as required and necessary to prepare the site and to construct the Work and all its systems complete and in place. Contractor to submit a schedule of values for review and approval.

10.3 DIRECTOR

The term "Director" as used in these Specifications shall mean the Director of Transportation or their authorized representative.

10.4 HARBORS CONSTRUCTION ENGINEER

The term "Harbors Division Construction Engineer," "Harbors Construction Engineer," "Construction Engineer" or "Engineer," as used in these Specifications shall mean the Construction Engineer for Harbors Division, State Department of Transportation, or their authorized representative. The name and contact information for the Construction Engineer will be provided just prior to, or at, the Pre-construction meeting.

10.5 (not used)

10.6 CONTRACTOR’S RESPONSIBILITY

A. General: The Contractor shall comply with all applicable Federal, State and County laws, including Hawaii Public Health regulations, and all local laws and regulations concerning pollution control and abatement. No burning of debris and/or waste materials shall be permitted on the project site. The Contractor shall be responsible for all dust control. Dust shall be kept within acceptable levels at all times. Noise shall be kept within acceptable levels at all times in accordance with the State of Hawaii Department of Health requirements.

The Contractor shall be responsible for all damages to harbor and adjacent facilities caused by the Contractor’s operations as well as those of its sub-contractors, suppliers, and any other parties associated with its work. The Contractor shall, at their own expense, make prompt restitution for damages to items caused by their operations or negligence. The Contractor shall hold the State and its Consultants harmless for all claims from such loss or injury.

10-3

The Contractor shall provide, erect, and maintain warning signs, lights, barricades, fences, crowd control barriers, and/or other means as necessary to prevent unauthorized persons and the general public from wandering onto the construction area where they may suffer injury or create a hazard to the construction operations or the work. The Contractor shall take all necessary precautions for safety in their operations and to prevent injury to their employees and to others having lawful access to the construction area. This work shall be done at no cost to the State and shall be considered incidental to the various item of work.

The Contractor shall coordinate all work with the Harbors Division Construction Engineer and District Manager and shall conform to all harbor regulations affecting their operations.

The Contractor shall verify conditions in the field prior to ordering any materials. The existing conditions are based on the best available information. The Contractor shall make no claim for extra compensation should actual existing conditions differ from those shown on the plans and specifications.

B. Safety Requirements: The Contractor must be familiar with, and shall at all times conform to, all applicable health and safety regulations, including all OSHA standards. The Contractor shall submit, to the Harbors Engineer, a Health and Safety Plan within (30) calendar days after the award of contract for review and acceptance. The Contractor shall not be allowed to commence work until the Health and Safety Plan has been accepted by the Harbors Engineer.

The Contractor shall require its employees, subcontractors, and agents to comply with all applicable Federal, State, and local health and safety laws and regulations.

Acceptance of the Health and Safety Plan by the Harbors Construction Engineer shall not relieve the Contractor from its responsibility of complying with Federal, State and local occupational health and safety laws and regulations. The Contractor is solely responsible for its compliance, and ensuring that its employees, subcontractors and agents also comply, with all applicable Federal, State and local occupational health and safety laws and regulations.

The Contractor shall be familiar with any and all Federal, State and local safety and drug-free workplace regulations and shall comply with all applicable provisions and amendments. Failure to do so will result in immediate discontinuation of any, or all, parts of the operation that are in violation until compliance is achieved

1. Precautions at the Jobsite: The Contractor shall take all necessary precautions to protect the workers, invitees and the public, and shall provide, where reasonable and necessary, barriers, guards, temporary bridges, respiratory equipment and lights. The Contractor shall require all personnel to wear hard hats, safety boots, and appropriate clothing while in any work area. In addition, personnel shall utilize safety harnesses, lines, and other restraint devices as required when working at either excessive heights or depths as defined by OSHA regulations. The Contractor must provide bull rails, or portable concrete barriers (jersey barrier or k-rail) per DOT Highway Standard Plan T-42 or equal accepted by the Harbors Construction Engineer, 10-4 along unprotected waterside edges of aprons and bulkheads, except where vehicles are prohibited.

When working around existing piping or conduit, the Contractor shall first tone the area to determine underground line locations. Special care shall be taken during excavation to avoid all buried lines, cables, utilities, cathodic protection cables and conduit, and to maintain the minimum distance from existing cables, conduits and pipe.

2. Fire Safety: The Contractor's personnel shall be familiar with location and use of firefighting equipment, including blankets, extinguishers, hose and dry powder agents. Smoking materials or other sources of flame or heat should be immediately extinguished in the event of any accident or equipment failure resulting in the release of flammable vapor or liquids. Fire safety equipment shall be provided by the Contractor as may be required by the local, State or Federal authorities.

The Contractor shall not store equipment or park vehicles in a way that obstructs fire lanes nor blocks fire exits from office structures, equipment buildings, or fenced areas.

3. Mechanical Safety: Dangerous parts of equipment shall be indicated by safety colors or warning signs. Extreme care shall be exercised in operating mobile or moving equipment.

4. First Aid: The Contractor shall ensure that all employees are aware of the locations and use of first aid equipment. Local emergency telephone numbers for ambulance, fire department and law enforcement agencies shall be posted in prominent places. The Contractor shall provide all necessary first aid equipment, including a first aid kit in its vehicles.

5. Firearms and Alcohol: Absolutely under no circumstances shall unprescribed, controlled substances, alcohol or firearms of any type be present or carried in vehicles by Contractor's personnel. Any of these items found in the possession of any person shall be grounds for immediate removal from the jobsite and/or dismissal of that person from the job.

6. Accidents: In the event that an accident or injury occurs at the jobsite, the

Contractor shall immediately notify the State of the occurrence. A complete accident report, including photographs of the accident site, shall be provided to the State within two (2) weeks of the occurrence.

7. Jobsite Invitees: The Contractor shall be responsible for the safety of the personnel of any of its Subcontractors, vendors, suppliers, agents or other invitees who enter the job site area and the Contractor shall require said invitees to comply with the requirements of this Section. The Contractor shall notify the State of invitees in advance.

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10.7 STANDARD SPECIFICATIONS AND APPROVED EQUAL

The term "Standard Specifications," as used in these Technical Provisions of these Specifications, shall mean the "Hawaii Standard Specifications for Road and Bridge Construction, Department of Transportation Highways Division, Honolulu, Hawaii, 2005," and all subsequent amendments.

The term "approved equal" as used in the Technical Provisions of these Specifications and Plans shall mean "an equal approved by the Director in writing."

These specifications and/or plans may specify equipment, articles or materials under a trade name or the name of a manufacturer and his information catalog. The use of alternatives or substitutions of equal quality and characteristics for the purpose intended will be permitted, upon acceptance of the Director, in accordance with the requirements of the General Provisions.

Please note that these requirements include certain deadlines for requests on use of alternatives before bid opening and/or justification for substitutions after the bid opening.

The Director also reserves the right to deny any request they deem irregular or not in the best interests of the State.

10.8 PERMITS

The Contractor is responsible for complying with all permit requirements for the project and it shall ensure that all permits remain valid and that all permits are renewed in a timely manner, throughout the duration of the project.

A. Work Permit: The Contractor shall obtain all permits for all operations on piers, wharves, and aboard vessels including welding and burning. The Contractor shall obtain the permits required for this work directly from the District manager. The Contractor shall apply and obtain the Ashore and Vessel Hot Work Permit from Harbors Division Maui District.

B. Noise Permit: That Contractor shall apply for, and obtain, a Community Noise Permit and/or Variance, for any work that the contract requires, or the contractor proposes, to perform outside of normal working hours; whichever is required by the State of Hawaii Department of Health for such work and is responsible for providing any submittals and materials, and to undertake all efforts and tasks, required by the Department of Health for Permit and/or Variance approval.

C. The Contractor also shall consult applicable County, State, and other governmental agencies for required permits, charges and fees. The Contractor shall apply for, and obtain, any permits necessary for it to perform all work required under the contract and is responsible for preparing and furnishing any information needed to complete any permit applications, as well as for paying any permit filing fees and charges, imposed by the permitting agencies as conditions for approval.

The Contractor shall submit one (1) PDF copy of all permits to the Harbors Construction Engineer no later than two working days after receipt of any approved permit.

10-6

The Contractor must comply with all conditions and requirements imposed by all clearances and permits listed above, or obtained for and in association with the project, and the Plans and Specifications.

10.9 SHOP DRAWINGS

The Contractor shall prepare shop drawings and submit PDF files to the Engineer for review. Hard copies are not required. Review of shop drawings is for general conformance with the design concept of the project contract documents and does not relieve the Contractor of his responsibility to provide all work in accordance with the plans and Specifications.

The Contractor shall prepare, thoroughly check, and submit to the Engineer for review and approval, shop drawings detailing the permanent and temporary work. The Contractor shall submit shop drawings for review in a timely manner, at the earliest possible date.

The Contractor shall not make changes to the accepted shop drawings without the written approval of the Engineer. The State will return the shop drawings within a reasonable amount of time, a minimum of two (2) weeks, depending on the complexity of the review. An extended review period shall not be used as a basis of a claim for extra compensation or contract time extensions.

10.10 MODIFICATIONS TO PLANS AND SPECIFICATIONS

The Contractor and their Subcontractors must submit in writing any requests for modifications to the Plans and Specifications. Shop drawings that are submitted to the design professional for review do not constitute "in writing" unless it is brought to the attention of the design professional that specific changes are being suggested. In any event, changes to the Plans and Specifications by means of shop drawings become the responsibility of the person initiating the changes. The Contractor shall be responsible for coordinating and making all necessary revisions to the work of all trades to suit the modifications requested.

Construction changes completed without written acceptance by the Harbor’s Construction Engineer will be at the Contractor’s risk. All costs associated with unauthorized construction changes shall be the responsibility of the Contractor.

10.11 (not used)

10.12 LAYOUT OF WORK

The Contractor shall layout their work from reference points and bench marks indicated on the plans and shall be responsible for all measurements in connection therewith. The Contractor shall furnish all equipment and materials required to establish and maintain all lines and grades as called for in the plans or as required in the process of construction. The Contractor shall be responsible for the proper and accurate layout of the work and for the preservation of stakes and other marks. All survey work shall be performed by a Surveyor licensed in the State of Hawaii for a minimum of 20 years.

10-7

10.13 TESTING

The Contractor shall hire an independent certified testing agency to perform all testing required under these specifications. Testing agency shall be subject to the acceptance of the Director. The Contractor shall be responsible for costs associated with testing, and for the submittal of test results.

Testing results shall be submitted for review by the State’s Construction Engineer in a timely manner so as not to affect the construction schedule.

10.14 HARBOR OPERATIONS

All work shall be coordinated with the Harbors Construction Engineer. Before work is started, the Contractor shall submit a work schedule to the Director for acceptance.

Bidders can obtain information on scheduled shipping activities from www.portcall.com and as confirmed by the Harbors Division Maui District Manager. Shipping activities will take precedence over the Contractor’s activities. The Contractor shall be aware of the shipping schedule in advance of submitting a bid. The Contractor’s construction schedule shall incorporate potential down times that may result from schedule conflicts with construction activities.

The Contractor shall be aware of all harbor activity occurring at each pier, and shall suspend work in order to accommodate all harbor operations.

The Contractor shall ensure that their bid price includes the cost to cover all delays in their work, demobilization costs, and remobilization costs, due to vessel schedules.

Arrangements for work and storage areas within the harbor area shall be made with the Engineer and District Manager. The Contractor shall be responsible for maintaining the work and storage areas and, if necessary, shall restore these areas to their original condition at their expense and to the satisfaction of the Harbors Division in the event any damage results from his operations. The Contractor shall conduct the work in a manner that will not interrupt or otherwise interfere with full operations of the adjoining existing facilities. The Contractor shall at their own expense, make prompt restitution for damages to these facilities, and payment for loss or injury suffered by users thereof, caused by the Contractors operations or negligence, holding the State harmless therefrom.

The Contractor shall give the Harbors Division District Manager and the Construction Engineer at least 2 weeks prior notice at each location, whenever its work will render a portion of the pier unusable.

10.15 WATERWAYS

The Contractor shall use all proper precautions and methods of procedure in their operations to ensure that no debris or other deleterious materials be allowed to fall, flow or otherwise enter State waters, or drainageways or drainage systems that discharge into State waters. The Contractor shall notify the State Department of Health and the State’s Construction Engineer of any petroleum, oil, or hazardous material spills

10-8 immediately. Any petroleum or oil spills shall be immediately remediated to the satisfaction of the Director.

10.16 AS-BUILT DRAWINGS

A. Description:

1. As-built drawings shall refer to those documents maintained and annotated by the Contractor during construction and shall be defined as (1) a neatly and legibly marked set of contract drawings showing the final location of piping, structures, equipment, electrical conduits, outlet boxes and cables; (2) additional documents such as RFI responses, schedules, lists, drawings, and electrical and instrumentation diagrams included in the specifications;

additional documents placed on reproducible vellum (post-contract drawings);

and (3) Contractor layout and installation drawings.

2. As-built drawings shall be full-sized and maintained in a clean, dry, and legible condition. As-built drawings shall not be used for construction purposes and shall be available for review by the Construction Engineer on a monthly basis and may hold up payment if not maintained. The review will take place during normal working hours at the Contractor’s field office.

B. General:

1. The Contractor shall keep a record of all field changes that occur during the project on two (2) full-sized sets of the contract plans to be kept at the job site. No partial payments will be allowed unless these changes are reflected on both sets of plans, and the plans must be current and kept up to date.

2. The Contractor shall be responsible for furnishing its own 100 percent (full)size as-built drawings set based on the latest Contract Documents. The Contractor shall incorporate any post contract drawings issued under Field Orders, responses to Requests for Information, or as part of Contract Change Orders, into both copies of the as-built plans.

3. Marking of the as-built drawings shall be kept current and annotations, to the as-built drawings, shall be done at the time the material and equipment are installed. These annotations shall be made with an erasable colored pencil conforming to the following color code:

a) Additions and deletions shall be marked in red.

b) Comments, as well as dimensions, shall be marked in blue.

4. All deviations from the contract drawings as a result of any and all Addenda, Field Orders, Requests for Information (RFI’s) and approved Contract Change Orders shall be annotated on all affected drawings.

5. Annotations to the as-built drawings shall reference the specific Addendum number, Field Order number, Request for Information number, or the Contract Change Order number. Annotations without these reference numbers will not be considered complete.

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C. Submittals

At the completion of the work, the Contractor shall transmit both copies and PDF/A files of the as-built drawings to the Harbors Construction Engineer as a Submittal. The Contractor shall stamp both sets of drawings with the words “As- Built Drawings” and said stamp shall include a statement signed by the Contractor certifying that the drawings accurately and completely reflect the work as constructed. The stamp format and wording shall be submitted to the Construction Engineer for prior acceptance. Final payment, as well as full payment for Demobilization, will not be released until both copies of the As-Built Drawings and PDF/A files are received and accepted by the Construction Engineer.

10.17 BEST MANAGEMENT PRACTICES

A. The Contractor must follow standard best management practices (BMPs) for air pollution, water pollution, noise and solid waste control, as required by Federal, State and County regulations, to protect the environment from the effects of construction activity, including prohibiting any construction debris or other deleterious materials to fall, flow or otherwise enter the water.

B. The Contractor shall submit a site-specific best management practices (BMP) plan to the Construction Engineer before work begins. The plan shall satisfy the (applicable) requirements of ARTICLE XIII - TEMPORARY WATER POLLUTION, DUST, AND EROSION CONTROL. The plan shall describe and detail all methods and procedures to be used to prevent air and water pollution, including preventing any materials, wastes and debris from entering any adjacent storm drain system and harbor waters to the satisfaction of the Harbors Division and the State of Hawaii Department of Health (DOH). The Contractor shall revise the BMP plan, at no additional cost to the State, should it be determined by the Construction Engineer and DOH that the plan is insufficient to prevent pollution.

C. The Contractor shall comply with the Clean Water Act and the State Harbors Division

Stormwater Management Program. No pollutant is allowed to be discharged directly or indirectly through the Harbors small MS4 or other potential pathway into harbors waters.

D. All groundwater that is removed as part of dewatering activities shall be removed off site in a tanker truck and properly discharged in accordance with State and County laws.

E. In case of release of hazardous substance, oil, or encounter of contaminated soil, the

Contractor shall notify appropriate facility personnel, emergency response agencies, and regulatory agencies following notification procedures, and shall notify Harbors Construction Engineer immediately (i.e. within 24 hours). Contact information must be in locations that are readily accessible and available.

F. The Contractor shall reimburse the State of Hawaii within 30-day for the full amount of all outstanding costs incurred by the State of Hawaii and Federal government agencies for all citations or fines received as a result of the Contractor’s non-compliance with regulations.

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10.18 CONSTRUCTION ACCESS

A. General: The Contractor shall show all access routes to and from the construction site, including specific travel routes within the project area. The access routes shall be accepted by the Construction Engineer prior to the start of construction.

Access for construction vehicles will be allowed at the main entry of the project area, or as directed by the Harbors Construction Engineer. The Contractor shall be responsible for ensuring that access is controlled in such a manner as to allow the safe passage of construction vehicles to and from the site.

The access routes will not be measured or paid for separately but will be considered incidental to the various contract items in the Proposal Schedule.

The State does not warrant or guarantee that areas, beyond or outside of the project limits, except as indicated below, and of such size and location that meets the requirements desired by the Contractor for work or storage, will be available to the Contractor within or for the duration of the project. The Contractor is solely responsible for assessing its requirements for work and storage area(s) and for securing such work or storage areas, outside of or beyond the project limits, if it deems that such areas are necessary for it to perform the contract work. The Contractor shall conduct the work in a manner that will not interrupt or otherwise interfere with full operations of the adjoining existing facilities. The Contractor shall at their own expense, make prompt restitution for damages to these facilities, and payment for loss or injury suffered by users thereof, caused by the Contractor's operations or negligence, holding the State harmless therefrom.

The Contractor shall coordinate access with the Harbors Maui District Manager and Construction Engineer. If the Contractor is required to use an alternative access, the State shall not incur any additional cost on the designated access. The Contractor shall comply with all of Harbors Division security and safety requirements. For additional information, see Section 10.21.

All Contractor personnel who are intending to work on site will be required to have an active Transportation Worker Identification Credential (TWIC) card.

10.19 WORKING HOURS

The Contractor shall coordinate their work to minimize interferences with harbor operations. All work shall be coordinated and scheduled with the Harbors Construction Engineer.

10.20 CONSTRUCTION SCHEDULES

The Contractor shall submit within ten (10) calendar days after award of contract, the following schedules:

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A. Detailed Construction Schedule:

1. The detailed construction schedule shall be based on a detailed critical path analysis of construction activities and sequence of operations noted for the orderly performance and completion of any separable parts of any work and all work in accordance with the Contract. The schedule shall be Critical Path Method (CPM) in the form of an arrow diagram and activity listing. The network diagram shall show in detail and in orderly sequence all activities on a time scale, their descriptions, durations and dependencies, necessary and required to complete all work and any separable parts thereof. The schedule shall show in detail the following information for each activity.

a) Identification by code numbers and description;

b) Duration;

c) Craft and Equipment;

d) Earliest start and finish dates;

e) Latest start and finish dates;

f) Total and free float time; and

g) Highlighted Critical Path

2. The schedule shall be complete in all respects, covering in addition to activities at the site of work, off-site activities such as design, fabrication, and procurement of equipment; the scheduled delivery dates of such equipment;

submittal and acceptance of shop drawings and samples; ordering and delivery of materials; inspections; and testing. The schedule shall also include a manpower forecast by crafts. The detailed construction schedule shall be supplemented by a three-week schedule prepared by the Contractor and submitted to the Engineer on a weekly basis. The Contractor shall promptly inform the Engineer with a revised schedule and cash flow diagram within ten (10) calendar days after acceptance of such change.

3. The Contractor shall coordinate with the Engineer regarding phasing of any of the work, and to ensure that such phasing will not affect the operations of the harbor, the electrical system, water system, or any other aspect of the harbor operations. The schedule shall reflect all phasing. The Contractor shall provide temporary lighting as required.\

4. The schedule shall be kept up to date, considering the actual progress of work and shall be updated at a minimum every thirty (30) calendar days, or if any significant changes are made. The updated schedule shall, as determined by the Engineer, be sufficient to meet the requirements for the completion of the separable parts of work and the entire projects as set forth in the contract.

5. If at any time during the progress of the Work, the Contractor’s actual progress appears to the Engineer to be inadequate to meet the requirements of the contract, the Engineer will notify the Contractor of such imminent or actual noncompliance of the contract. The Contractor shall thereupon take such steps as may be necessary to improve their progress and the Engineer may require an increase in the labor force, the number of shifts, and/or overtime operations, days of work and/or the amount of construction plants all

10-12 without additional costs to the State. Neither such notice by the Engineer nor the Engineer’s failure to issue such notice shall relieve the Contractor from their obligation to achieve the quality of work and rate of progress required by the contract. Failure of the Contractor to comply with instructions of the Engineer under these provisions may be grounds for determination by the State that the Contractor is not prosecuting work with such diligence as will assure completion within the times specified. Upon such determination, the State may employ labor and equipment and charge the Contractor for the cost thereof, including depreciation for plant and equipment or may terminate the Contractor’s right to proceed with the performance of the contract, or any separable part thereof, in accordance with the applicable provisions of the contract.

6. The Contractor shall submit to the Engineer one (1) electronic file (pdf) of the detailed construction schedule and of each revised schedule submitted thereafter.

B. Schedule of Cost Loading and Cash Flow Projection:

1. Along with the Project Schedule submittal, and each Monthly Updated Project

Schedule and subsequent revisions, the Contractor must also submit a Schedule of Cost Loading and Cash Flow Projection which shall show the following:

a) The amount(s) billed for each of the previous months, the amount(s) being billed in the current month, and the anticipated amount(s) to be billed for each item during each of the remaining months for the duration of the project, for each of the individual bid items as well as the total amount of work.

b) Running total amount of work completed for each of the previous months, the running total amount of work completed as of the current month, and running total amounts expected to be accomplished at each of the remaining months of the project.

c) Retainage amount withheld for each of the previous months, for the current amount, and amount anticipated to be withheld for each of the remaining months of the project.

d) The net payment requests, accounting for amounts paid to date, retainage and monies withheld if any, for the previous months, the current month, and expected net payment requests for each of the remaining months of the project.

2. The Schedule shall be shown in tabular format and in graphic format.

3. There must be a strict correlation between the Detailed Construction

Schedule and the Schedule of Cost Loading and Cash Flow Projection. The timeline(s) when individual bid items are being shown as billed against, and billed for the full amount, on the Schedule of Cost Loading and Cash Flow Projection must be match the dates when activities associated with these bid

10-13 items are shown to occur, and be completed, on the Detailed Construction Schedule.

4. The Engineer may, at their sole discretion, request the Contractor to explain in detail the procedure used to develop the Schedule. The procedure is subject to the review and acceptance of the Engineer. Receipt and acceptance of the Schedule and Summary methodology is a condition precedent to the making of any payments under the Contract. Therefore, failure to submit an acceptable methodology for the Schedule, as well as a Schedule based on a methodology accepted by the Engineer, shall be cause for withholding any progress payments due under this Contract.

5. The Contractor must submit an updated Schedule of Cost Loading and Cash

Flow, with each payment request, as a prerequisite for payment on any monthly invoice.

6. When an activity is deemed substantially complete by the Engineer, then such activity will no longer be treated as an activity affecting the critical path or successor activities on the Project. The cost of correction of any punch-list items associated with substantially completed activities will be covered by withheld retention or other amounts deemed by the Engineer to be adequate to cover such costs.

C. Schedule of Values

1. Format and Content: Use the Project Proposal Schedule as a guide to establish the format for the Schedule of Values. Provide at least one line for each Specification Section. Provide a breakdown of the contract sum in sufficient detail to facilitate continued evaluation of Applications for Payment and progress reports. Break principal work of subcontractor amounts down into several smaller identifiable items of work.

2. Identification: Use the following…