IFB25HHL004 Sample DHHL Contract.pdf

STATE OF HAWAII

DEPARTMENT OF HAWAIIAN HOME LANDS

91-5420 Kapolei Parkway, Kapolei, HI. 96707

SAMPLE DHHL CONTRACT

FOR

FURNISHING LABOR AND MATERIALS FOR

KAKAINA & KUMUHAU SUBDIVISION SEWER

REPAIRS

WAIMANALO, ISLAND OF OAHU, HI

TMK: (1) 4-1-008:011, (1) 4-1-023:065 & (1) 4-1-041:003

IFB No.: IFB-25-HHL-004

April 2025

AG-003 Rev. 06/22/2009 1

CONTRACT FOR GOODS OR SERVICES

BASED UPON

COMPETITIVE SEALED BIDS

This Contract, executed on the respective dates indicated below, is effective as of

, , between Department of Hawaiian Home Lands , (Insert name of state department, agency, board or commission)

State of Hawaii ("STATE"), by its Chairperson, Hawaiian Homes Commission , (Insert title of person signing for State)

(hereafter also referred to as the HEAD OF THE PURCHASING AGENCY or designee (“HOPA”)), whose address is 91-5420 Kapolei Parkway, Kapolei, Hawaii 96707 and

("CONTRACTOR"), a (Insert corporation, partnership, joint venture, sole proprietorship. or other legal form of the Contractor) under the laws of the State of Hawaii , whose business address and federal and state taxpayer identification numbers are as follows:

RECITALS

A. The STATE desires to retain and engage the CONTRACTOR to provide the goods or services, or both, described in this Contract and its attachments, and the CONTRACTOR is agreeable to providing said goods or services, or both.

B. The STATE has issued an invitation for competitive sealed bids, and has received and reviewed bids submitted in response to the invitation.

C. The solicitation for bids and the selection of the CONTRACTOR were made in accordance with section 103D-302, Hawaii Revised Statutes ("HRS"), Hawaii Administrative Rules, Title 3, Department of Accounting and General Services, Subtitle 11 ("HAR"), Chapter 122, Subchapter 5, and applicable procedures established by the appropriate Chief Procurement Officer ("CPO").

D. The CONTRACTOR has been identified as the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation.

E. Pursuant to HHCA of 1920, as amended , the STATE (Legal authority to enter into this Contract) is authorized to enter into this Contract.

F. Money is available to fund this Contract pursuant to:

(1) Hawaiian Homes Trust Fund (Identify state sources) or (2) (Identify federal sources) or both, in the following amounts: State $

Federal $ NOW, THEREFORE, in consideration of the promises contained in this Contract, the STATE and the CONTRACTOR agree as follows:

1. Scope of Services. The CONTRACTOR shall, in a proper and satisfactory manner as determined by the STATE, provide all the goods or services, or both, set forth in the Invitation for Bids number IFB-25-HHL-004 ("IFB") * and the CONTRACTOR'S accepted bid (“Bid"), both of which, even if not physically attached to this Contract, are made a part of this Contract.

2. Compensation. The CONTRACTOR shall be compensated for goods supplied or services performed, or both, under this Contract in a total amount not to exceed

* and summarized in Attachment S-1

AG-003 Rev 07/28/2005 2

DOLLARS

($ ), including approved costs incurred and taxes, at the time and in the manner set forth in the IFB and CONTRACTOR'S Bid. And generally described in Attachment S-2.

3. Time of Performance. The services or goods required of the CONTRACTOR under this Contract shall be performed and completed in accordance with the Time of Performance set forth in Attachment-S3, which is made a part of this Contract.

4. Bonds. The CONTRACTOR is required to provide or is not required to provide: a performance bond, a payment bond, a performance and payment bond each in the amount of DOLLARS ($ ).

5. Standards of Conduct Declaration. The Standards of Conduct Declaration of the CONTRACTOR is attached to and made a part of this Contract.

6. Other Terms and Conditions. The General Conditions, Construction General Conditions, and any Special Conditions are attached to and made a part of this Contract. In the event of a conflict between the General Conditions, Construction General Conditions, and the Special Conditions, the Special Conditions shall control. In the event of a conflict among the documents, the order of precedence shall be as follows: (1) this Contract, including all attachments and addenda; (2) the IFB, including all attachments and addenda; and (3) the CONTRACTOR'S Bid.

7. Liquidated Damages. Liquidated damages shall be assessed in the amount of ONE THOUSAND and 00/100 DOLLARS

($ 1,000.00 ) per day, in accordance with the terms of paragraph 9 of the General Conditions.

8. Notices. Any written notice required to be given by a party to this Contract shall be (a) delivered personally, or (b) sent by United States first class mail, postage prepaid. Notice to the STATE shall be sent to the HOPA'S address indicated in the Contract. Notice to the CONTRACTOR shall be sent to the CONTRACTOR’S address indicated in the Contract. A notice shall be deemed to have been received three (3) days after mailing or at the time of actual receipt, whichever is earlier. The CONTRACTOR is responsible for notifying the STATE in writing of any change of address.

IN VIEW OF THE ABOVE, the parties execute this Contract by their signatures, on the dates below, to be effective as of the date first above written.

STATE

(Signature) Kali Watson (Print Name) Chairperson, Hawaiian Homes Commission (Print Title)

(Date)

CONTRACTOR

CORPORATE SEAL

(Name of Contractor)

(Signature)

(Print Name) (Print Title)

APPROVED AS TO FORM: (Date)

Deputy Attorney General *Evidence of authority of the CONTRACTOR'S representative to sign this Contract for the CONTRACTOR must be attached.

AG-010 Rev 11/15/2005

CONTRACTOR'S

STANDARDS OF CONDUCT DECLARATION

For the purposes of this declaration:

"Agency" means and includes the State, the legislature and its committees, all executive departments, boards, commissions, committees, bureaus, offices; and all independent commissions and other establishments of the state government but excluding the courts.

"Controlling interest" means an interest in a business or other undertaking which is sufficient in fact to control, whether the interest is greater or less than fifty per cent (50%).

"Employee" means any nominated, appointed, or elected officer or employee of the State, including members of boards, commissions, and committees, and employees under contract to the State or of the constitutional convention, but excluding legislators, delegates to the constitutional convention, justices, and judges. (Section 84-3, HRS).

On behalf of , CONTRACTOR, the undersigned does declare as follows:

1. CONTRACTOR is* is not a legislator or an employee or a business in which a legislator or an employee has a controlling interest. (Section 84-15(a), HRS).

2. CONTRACTOR has not been represented or assisted personally in the matter by an individual who has been an employee of the agency awarding this Contract within the preceding two years and who participated while so employed in the matter with which the Contract is directly concerned.

(Section 84-15(b), HRS).

3. CONTRACTOR has not been assisted or represented by a legislator or employee for a fee or other compensation to obtain this Contract and will not be assisted or represented by a legislator or employee for a fee or other compensation in the performance of this Contract, if the legislator or employee had been involved in the development or award of the Contract. (Section 84-14 (d), HRS).

4. CONTRACTOR has not been represented on matters related to this Contract, for a fee or other consideration by an individual who, within the past twelve (12) months, has been an agency employee, or in the case of the Legislature, a legislator, and participated while an employee or legislator on matters related to this Contract. (Sections 84-18(b) and (c), HRS).

CONTRACTOR understands that the Contract to which this document is attached is voidable on behalf of the STATE if this Contract was entered into in violation of any provision of chapter 84, Hawaii Revised Statutes, commonly referred to as the Code of Ethics, including the provisions which are the source of the declarations above. Additionally, any fee, compensation, gift, or profit received by any person as a result of a violation of the Code of Ethics may be recovered by the STATE.

* Reminder to Agency: If the "is" block is checked and if the Contract involves goods or services of a value in excess of $10,000, the Contract must be awarded by competitive sealed bidding under section 103D-302, HRS, or a competitive sealed proposal under section 103D-303, HRS. Otherwise, the Agency may not award the Contract unless it posts a notice of its intent to award it and files a copy of the notice with the State Ethics Commission.

(Section 84-15(a), HRS).

CONTRACTOR

By (Signature) Print Name

Print Title Name of Contractor

Date

Attachment - S1

SCOPE OF SERVICES

AG-011 Rev 07/28/2005 1

Project: Kakaina & Kumuhau Subdivision Sewer Repairs Location: Waimanalo, Oahu, Hawaii Contractor: tbd IFB No: IFB-25-HHL-004

Pursuant to 103D, Hawaii Revised Statutes, the CONTRACTOR shall perform and provide the Scope of Services listed below and detailed in Invitation for Bids IFB-25-HHL-004 and in CONTRACTOR’s proposal submitted on May 27, 2025, in a proper and satisfactory manner as determined by the STATE and in accordance with all Federal, State and local laws, both of which are incorporated by reference.

Item No.

Description

1 KAKAINA SUBDIVISION

1.1 1.2

Provide Temporary Project Sign Provide Temporary BMPs:

• Provide temporary sediment filters for catch basins

• Provide temporary filter socks

• Provide temporary portalet

1.3 Provide Traffic Control Measures:

• Provide temporary traffic signage, channeling devices, and required regulatory and warning signs

• Provide flaggers or police officers during construction

1.4 Remove existing S8 sewer pipe: (to include but not limited to saw cutting existing asphalt pavement, excavation, shoring installation, disconnecting lateral pipes, removal of existing sewer pipe, and proper disposal of removed and excavated materials as per plan and specifications)

• Puha Street, between existing SMHs #4138899 and #4138901

1.5 Install new S8 (PVC C-900) sewer pipe: (to include but not limited to installing new sewer pipe, connecting to existing sewer manhole, and laterals, removal of shoring, backfilling, compaction and repaving of excavated asphalt paving to match existing as per plan and specifications)

• Puha Street, between existing SMHs #4138899 and #4138901

• Connect new sewer pipe at Existing MHs #4138899 and #4138901

• Connect the existing lateral pipes to the new sewer pipe

2 KUMUHAU SUBDIVISION

2.1 Provide Temporary Project Sign

2.2 Provide Temporary BMPs per plan:

• Provide temporary sediment filters for catch basins

• Provide temporary filter socks

2.3 Provide Traffic Control Measures:

AG-011 Rev 07/28/2005 2

• Provide temporary traffic signage, channeling devices, and required regulatory and warning signs

• Provide flaggers or police officers during construction

2.4 Remove existing S12 sewer pipe: (to include but not limited to saw cutting existing asphalt pavement, excavation, shoring installation, removal of existing sewer pipe, and proper disposal of removed and excavated materials as per plan and specifications)

• Kumuhau Street, between existing SMHs #4074768 and #86762:

2.5 Remove existing S8 sewer pipe: (to include but not limited to saw cutting existing asphalt pavement, excavation, shoring installation, removal of existing sewer pipe between 2 sewer manholes, disconnect to existing 7 laterals and proper disposal of removed and excavated materials as per plan and specifications)

• Kumuniu Street between SMHs #4074792 and #4074790

2.6 Remove existing S8 sewer pipe: (to include but not limited to saw cutting existing asphalt pavement, excavation, shoring installation, removal of existing sewer pipe between to sewer manholes, disconnect to existing 1 lateral and proper disposal of removed and excavated materials as per plan and specifications)

• Kumuniu Place between SMHs #4074780 and #4074778

2.7 Install new S12 (PVC C-900) sewer pipe: (to include but not limited to installing new sewer pipe, connecting to existing 2 sewer manholes, removal of shoring, backfilling, compaction, and repaving of excavated asphalt paving to match existing as per plan and specifications)

• Kumuhau Street, between existing SMHs #4074768 and #86762:

• Connect new sewer pipe to existing SMHs #86762 to #4074768

• Connect the existing laterals to the new sewer pipe

• Extend Reinforced Concrete Jacket (RCJ) at existing SMH #4074786

2.8 Install new S8 (PVC C-900) sewer pipe: (to include but not limited to installing new sewer pipe, connecting to existing 2 sewer manholes and 7 laterals connections, removal of shoring, backfilling, compaction and repaving of excavated asphalt paving to match existing as per plan and specifications)

• Kumuniu Street between SMHs #4074790 and #4074792

• Connect new sewer pipe to existing SMHs #4074790 and #4074792

2.9 Install new S8 (PVC C-900) sewer pipe: (to include but not limited to installing new sewer pipe, connecting to existing 2 sewer manholes and 1 lateral connection, removal of shoring, backfilling, compaction and repaving of excavated asphalt paving to match existing as per plan and specifications)

• Kumuniu Place between SMHs #4074780 and #4074778

• Connect new sewer pipe to existing SMHs #4074780 and #4074778

AG-011 Rev 07/28/2005 3

2.10 Repair or replace concrete channels at existing SMHs #4074772, #4074790, #4074786, and #4074788 at Kumuniu Street per Department of Wastewater Management Standards

2.11 Extend Reinforcement Concrete Jacket (RCJ) to existing SMH #4074786 at Kumuniu Street (to include but not limited to saw cutting existing asphalt pavement, excavation, construction of new RCJ per Standard Detail S-5 from Standard Details for Public Works Construction).

Attachment – S2

COMPENSATION AND PAYMENT SCHEDULE

AG-012 Rev 11/15/2005 1

Location: Waimanalo, Island of Oahu, Hawaii Contractor: tbd IFB No.: IFB-25-HHL-004

The State shall pay the CONTRACTOR a sum not to exceed _________ AND __/100 DOLLARS ($___________) for the satisfactory completion of the work under this contract.

Item No. Description Unit

Price Total

1 KAKAINA SUBDIVISION

1.1 Provide Temporary Project Sign $_______ $_______

1.2 Provide Temporary BMPs:

• Provide temporary sediment filters for catch basins

• Provide temporary filter socks

• Provide temporary portalet $_______ $_______

1.3

Provide Traffic Control Measures:

• Provide temporary traffic signage, channeling devices, and required regulatory and warning signs

• Provide flaggers or police officers during construction $_______ $_______

1.4 Remove existing S8 sewer pipe: (to include but not limited to saw cutting existing asphalt pavement, excavation, shoring installation, disconnecting lateral pipes, removal of existing sewer pipe, and proper disposal of removed and excavated materials as per plan and specifications)

• Puha Street, between existing SMHs #4138899 and #4138901 $_______ $_______

1.5 Install new S8 (PVC C-900) sewer pipe: (to include but not limited to installing new sewer pipe, connecting to existing sewer manhole, and laterals, removal of shoring, backfilling, compaction and repaving of excavated asphalt paving to match existing as per plan and specifications)

• Puha Street, between existing SMHs #4138899 and #4138901

• Connect new sewer pipe at Existing MHs #4138899 and #4138901

• Connect the existing lateral pipes to the new sewer pipe $_______ $_______

TOTAL SUM BID (ITEM 1(1.1 - 1.5)) $_______ $_______

2 KUMUHAU SUBDIVISION

AG-012 Rev 11/15/2005 2

2.1 Provide Temporary Project Sign $_______ $_______

2.2 Provide Temporary BMPs per plan:

• Provide temporary sediment filters for catch basins

• Provide temporary filter socks

2.3 Provide Traffic Control Measures:

• Provide temporary traffic signage, channeling devices, and required regulatory and warning signs

• Provide flaggers or police officers during construction

2.4 Remove existing S12 sewer pipe: (to include but not limited to saw cutting existing asphalt pavement, excavation, shoring installation, removal of existing sewer pipe, and proper disposal of removed and excavated materials as per plan and specifications)

• Kumuhau Street, between existing SMHs #4074768 and #86762:

2.5 Remove existing S8 sewer pipe: (to include but not limited to saw cutting existing asphalt pavement, excavation, shoring installation, removal of existing sewer pipe between 2 sewer manholes, disconnect to existing 7 laterals and proper disposal of removed and excavated materials as per plan and specifications)

• Kumuniu Street between SMHs #4074792 and #4074790

2.6 Remove existing S8 sewer pipe: (to include but not limited to saw cutting existing asphalt pavement, excavation, shoring installation, removal of existing sewer pipe between to sewer manholes, disconnect to existing 1 lateral and proper disposal of removed and excavated materials as per plan and specifications)

• Kumuniu Place between SMHs #4074780 and #4074778 $_______ $_______

2.7 Install new S12 (PVC C-900) sewer pipe: (to include but not limited to installing new sewer pipe, connecting to existing 2 sewer manholes, removal of shoring, backfilling, compaction, and repaving of excavated asphalt paving to match existing as per plan and specifications) $_______ $_______

AG-012 Rev 11/15/2005 3

• Kumuhau Street, between existing SMHs #4074768 and #86762:

• Connect new sewer pipe to existing SMHs #86762 to #4074768

• Connect the existing laterals to the new sewer pipe

• Extend Reinforced Concrete Jacket (RCJ) at existing

SMH #4074786

2.8 Install new S8 (PVC C-900) sewer pipe: (to include but not limited to installing new sewer pipe, connecting to existing 2 sewer manholes and 7 laterals connections, removal of shoring, backfilling, compaction and repaving of excavated asphalt paving to match existing as per plan and specifications)

• Kumuniu Street between SMHs #4074790 and #4074792

• Connect new sewer pipe to existing SMHs #4074790 and #4074792

• Connect the existing laterals to the new sewer pipe

2.9 Install new S8 (PVC C-900) sewer pipe: (to include but not limited to installing new sewer pipe, connecting to existing 2 sewer manholes and 1 lateral connection, removal of shoring, backfilling, compaction and repaving of excavated asphalt paving to match existing as per plan and specifications)

• Kumuniu Place between SMHs #4074780 and #4074778

• Connect new sewer pipe to existing SMHs #4074780 and #4074778

• Connect the existing laterals to the new sewer pipe

2.10 Repair or replace concrete channels at existing SMHs

#4074772, #4074790, #4074786, and #4074788 at Kumuniu Street per Department of Wastewater Management Standards

2.11 Extend Reinforcement Concrete Jacket (RCJ) to existing

SMH #4074786 at Kumuniu Street (to include but not limited to saw cutting existing asphalt pavement, excavation, construction of new RCJ per Standard Detail S-5 from Standard Details for Public Works Construction). $_______ $_______

TOTAL SUM BID (ITEM 2(2.1 - 2.11)) $_______ $_______

AG-012 Rev 11/15/2005 4

3 Allowances (for associated work related to the repair and improvements of the Kakaina and Kumuhau Sewer Improvements)

$ 200,000 $ 200,000

TOTAL SUM BID (ITEMS 1-3) $_______

Attachment – S3

TIME OF PERFORMANCE

AG-013 Rev 11/15/2005 1

Location: Waimanalo, Island of Oahu, Hawaii Contractor: tbd IFB No.: IFB-25-HHL-004

1. The Time of Performance for this Contract shall be FIVE HUNDRED FORTY (540) Calendar

Days from the effective date specified in the Notice to Proceed unless extended by delays excused by the STATE as documented in writing. The Notice to Proceed shall be issued by the STATE separately to the CONTRACTOR.

2. This Contract shall expire on the date on which the latter of the following occurs:

a. the State makes final payment to the CONTRACTOR in accordance with (1) paragraph 17(d) of the General Conditions (AG-008 103D General Conditions) and (2) no dispute between the parties hereto as to the Work or other obligations of the CONTRACTOR hereunder is outstanding, or

b. the STATE issues a Final Acceptance letter to the CONTRACTOR.

3. The Contract expiration date is for administrative purposes only and should not be confused with the Time of Performance, which refers to the time in which the CONTRACTOR is required to complete the work or with any continuing obligations on the part of the CONTRACTOR.

AG-014 Rev 6/26/2006 1

Attachment – S4

CERTIFICATE OF EXEMPTION

FROM CIVIL SERVICE

1. By Heads of Departments Delegated by the Director of the Department of Human Resources

Development (“DHRD”).*

Pursuant to a delegation of the authority by the Director of DHRD, I certify that the services to be provided under this Contract, and the person(s) providing the services under this Contract are exempt from the civil service, pursuant to § 76-16, Hawaii Revised Statutes (HRS).

(Signature) (Date) Kali Watson

(Print Name) Chairperson, Hawaiian Homes Commission (Print Title)

* This part of the form may be used by all department heads and the heads of attached agencies to whom the Director of DHRD expressly has delegated authority to certify § 76-16, HRS, civil service exemptions. The specific paragraph(s) of § 76-16, HRS, upon which an exemption is based should be noted in the contract file. If an exemption is based on § 76-16(b)(15), the contract must meet the following conditions:

(1) It involves the delivery of completed work or product by or during a specific time;

(2) There is no employee-employer relationship; and

(3) The authorized funding for the service is from other than the "A" or personal services cost element.

NOTE: Not all attached agencies have received a delegation under § 76-16(b)(15). If in doubt, attached agencies should check with the Director of DHRD prior to certifying an exemption under § 76-16(b)(15). Authority to certify exemptions under §§76- 16(b)(2), and 76-16(b)(12), HRS, has not been delegated; only the Director of DHRD may certify §§ 76-16(b)(2), and 76-16(b)(12) exemptions.

2. By the Director of DHRD, State of Hawaii.

I certify that the services to be provided under this Contract, and the person(s) providing the services under this Contract are exempt from the civil service, pursuant to §76-16, HRS.

(Signature) (Date)

(Print Name)

(Print Title, if designee of the Director of DHRD)

Attachment – S5

SPECIAL CONDITIONS

AG-015 Rev 11/15/2005 1

Location: Waimanalo, Oahu, Hawaii Contractor: tbd IFB No: IFB-25-HHL-004

SC-01 INTERCHANGEABLE TERMS

The following terms are one and the same:

a. “Contract” and “Agreement”.

b. “Department of Hawaiian Home Lands” “Department” “DHHL” and “STATE”.

SC-02 INSURANCE COVERAGE

The CONTRACTOR shall obtain separate insurance coverage for this project that complies with the requirements set forth in the DHHL Construction General Conditions, Article 7, Section 7.3, as amended. Payment for all work required to comply with this item will not be paid for separately but shall be considered incidental to the various contract items.

CONTRACTOR shall maintain insurance acceptable to the STATE in full force and effect throughout the term of this Contract. The policies of insurance maintained by CONTRACTOR shall provide the following minimum coverage:

Coverage Limit General Liability Insurance (occurrence form)

Bodily Injury and Property Damage (combined single limit): $1,000,000 per occurrence and $2,000,000 aggregate Personal Injury: $1,000,000 per occurrence and $2,000,000 aggregate

Automobile Insurance (covering all owned, non-owned and hired automobiles)

Bodily Injury: $1,000,000 per person and $1,000,000 per occurrence.

Property Damage: $1,000,000 per accident or combined single limit of $2,000,000.

Workers Compensation (statutory limit is required by laws of the State of Hawaii)

Insurance to include Employer’s Liability. Both such coverages shall apply to all employees of the CONTRACTOR and, in case any sub-contractor fails to provide adequate similar protection for all his employees, to all employees of subcontractors.

Builder’s Risk covering the CONTRACTOR and all subcontractors

100% Replacement Value

Fire and extended coverage 100% Replacement Value

AG-015 Rev 11/15/2005 2

Malicious Mischief 100% Replacement Value Flood Insurance, if applicable Maximum Coverage available

a. The State of Hawaii, Department of Hawaiian Home Lands, its elected and appointed officials, officers, employees, and agents shall be named as additional insured with respect to operations, services or products provided to the State of Hawaii. CONTRACTOR agrees to provide to the DHHL, before the effective date of the Contract, certificate(s) of insurance necessary to evidence compliance with insurance provisions of this Contract.

CONTRACTOR shall keep such insurance in effect and the certificate(s) on deposit with DHHL during the entire term of this Contract. Upon request by the STATE, CONTRACTOR shall furnish a copy of the policy or policies.

b. Failure of CONTRACTOR to provide and keep in force such insurance shall be regarded as a material default under this Contract. The STATE shall be entitled to exercise any or all of the remedies provided in this Contract for default of CONTRACTOR.

c. The procuring of such required policy or policies of insurance shall not be construed to limit CONTRACTOR’s liability under this Contract or to fulfill the indemnification provisions and requirements of this Contract. Notwithstanding said policy or policies of insurance, CONTRACTOR shall be obliged for the full and total amount of any damage, injury, or loss caused by negligence or neglect connected with this Contract.

d. CONTRACTOR shall immediately provide written notice to the contracting department or agency should any of the insurance policies evidenced on its Certificate of Insurance form be cancelled, limited in scope, or not renewed upon expiration.

e. DHHL is a self insured State agency. CONTRACTOR’s insurance shall be primary. Any insurance maintained by the State of Hawaii shall apply in excess of, and shall not contribute with, insurance provided by CONTRACTOR.

f. The CONTRACTOR shall require all subcontractors to have in full force and effect the same insurance coverage as required of the CONTRACTOR. Such insurance shall name the State of Hawaii, Department of Hawaiian Home Lands, its elected and appointed officials, officers, employees, and agents as additional insured with respect to operations, services or products provided to the State of Hawaii. The CONTRACTOR shall be responsible to enforce its subcontractors’ compliance with these insurance requirements and CONTRACTOR shall, upon request, provide the STATE a copy of the policy or policies of insurance for any subcontractor.

SC-03 COMPLETION SCHEDULE AND LIQUIDATED DAMAGES

The CONTRACTOR shall complete all work as specified or indicated in the Contract Documents on or before FIVE HUNDRED FORTY (540) calendar days after receiving written Notice to Proceed, subject to extensions, as may be granted.

AG-015 Rev 11/15/2005 3

In case of failure on the part of the CONTRACTOR to complete the work within the time specified, the CONTRACTOR shall pay to DHHL as liquidated damages, and not as a penalty, $250.00 per calendar day for each day that the project, in its entirety, remains incomplete.

SC-04 PROCESS THROUGH DHHL

Any and all submittals, reports, requests, claims and notices under the contract shall be processed through Land Development Division Project Manager, at Hale Kalanianaole, 91- 5420 Kapolei Parkway, Kapolei, Hawaii 96707.

SC-05 SURVEYING SERVICES

Any surveying services required shall be the responsibility of the contractor and considered incidental to the scope of work under this contract and therefore covered under the terms of this contract. No separate payment shall be made.

Upon completion, the Contractor shall prepare an as-built plan for the project site in which the finished grades are certified by a Registered Land Surveyor. Six (6) copies of the as-built plan shall be submitted to the Construction Manager and Engineer. The cost of the as-built plan shall be incidental to the contract. No separate payment shall be made.

SC-06 ALLOWANCES

The proposal may contain payment items designated as allowances. Funds listed in allowance items are to be spent at the direction of DHHL. The allowance is an estimate only and is subject to increase or decrease depending on the actual cost of the item. The funds are for the direct costs of an item and all pricing, submittal and review, overhead, installation, profit, insurance, surety, processing of the issuance of checks for payment to other parties, and all other costs will be included. No payment will be made for incidental costs.

Allowances specifically set aside for construction work and materials will be negotiated when the scope of work is determined. Any unspent allowance costs will be deducted from the contract by change order prior to final payment.

SC-07 PERMITS AND FEES

Contractor shall apply and pay for all permits and inspection fees as required by all governmental agencies having jurisdiction over this project.

AG-015 Rev 11/15/2005 4

SC-08 COORDINATION WITH OTHER PARTIES

The CONTRACTOR shall coordinate all the necessary work for temporary utility services, permanent service and appurtenances with the appropriate agencies, including but not limited to the appropriate utility companies as applicable.

SC-09 CONTRACTOR'S LICENSING

It is the CONTRACTOR’s sole responsibility to review the requirements of this project and determine the appropriate contractor's licenses that are required to complete the project.

If the CONTRACTOR does not hold all of the licenses required to perform a particular item of work on this project with its own workers, when bidding, he must list subcontractors that hold the appropriate licenses in its proposal.

SC-10 WATER CHARGES AND REQUIREMENTS

The CONTRACTOR shall be solely responsible for obtaining water to meet any requirements of the contract. Unless otherwise indicated or provided for, any work, costs, charges and fees necessary to obtain water for this contract shall not be paid for separately but shall be considered incidental to the various contract items; no separate or additional payment will be made therefore.

SC-11 SOIL AND DUST CONTROL

To control the dust during construction, the CONTRACTOR shall have an adequate supply of water for dust control and if necessary, moisture conditioning of fill material at all times.

The CONTRACTOR shall institute an erosion control program and dust control program to minimize soil erosion and wind erosion and airborne fugitive dust nuisance, respectively for the entire duration of this project.

SC-12 FINAL INSPECTION

Throughout the construction period, the work may be subject to periodic inspection by the Department, designated Construction Inspector, the City & County of Honolulu, Department of Planning and Permitting and other applicable government agencies. Once work has been satisfactorily completed, the County, accompanied by the Department and Construction Inspector, will make the final inspection of the work to determine whether all work has been done in complete compliance with the requirements of the plans and these specifications.

The CONTRACTOR shall therefore schedule the final inspection with the City & County of Honolulu, Department of Planning and Permitting and notify the Department’s Project Manager one week prior to said inspection.

Neither the scheduling nor the conduct of the aforementioned final inspection shall be deemed a waiver of the Department’s right to subsequently require CONTRACTOR to complete all unfinished or defective work to the satisfaction of the Department.

AG-015 Rev 11/15/2005 5

SC-13 GENERAL CONDITIONS

In the event of conflicts and/or discrepancies, the DHHL Construction General Conditions shall govern over Form AG-008, 103D General Conditions (eff. 10/17/13)

SC-14 CAMPAIGN CONTRIBUTIONS BY STATE AND COUNTY CONTRACTORS

Contractors are hereby notified of the applicability of Section 11-355, HRS, which states that campaign contributions 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.

SC-15 CONTRACTOR’S DAILY REPORT

The Contractor shall submit a daily report electronically, for DHHL review. The report shall include:

1. Date

2. Weather

3. Activity at the site for the Contractor

a. Labor – who and what classification, i.e., carpenter, laborer, supervisor, etc.

b. Equipment

c. Materials delivered

d. Work performed

4. Activity at the site for subcontractors

a. Labor – who and what classification, i.e., carpenter, laborer, supervisor, etc.

b. Equipment

c. Materials delivered

d. Work performed

5. Visitors to the site – Construction Manager, Inspectors, etc.

6. Problems or Questions (including suggested resolutions, if any)

7. Safety report status

8. Quality control report status

SC-16 APPRENTICESHIP AGREEMENT PREFERENCE – CONTRACTOR’S

RESPONSIBILITY

1. For the duration of the contract awarded utilizing the Hawai‘i Apprenticeship

Preference, the CONTRACTOR shall certify each month that work is being conducted on the project, that it continues to be a participant in the relevant apprenticeship program for each trade it employs.

2. Monthly certification shall be made on MONTHLY REPORT OF CONTRACTOR’S

PARTICIPATION IN APPROVED APPRENTICESHIP PROGRAM UNDER ACT 17

(Monthly Certification Form 2) prepared and made available by the DLIR. Monthly Certification Form 2 shall be a signed original by the respective apprenticeship

AG-015 Rev 11/15/2005 6 program sponsor’s authorized official, and submitted by the Contractor with its monthly payment requests. Monthly Certification Form 2 is available on the DLIR website at: http://hawaii.gov/labor/wdd

3. Should the Contractor fail or refuse to submit its monthly certification forms, or at any time during the construction of the project, cease to be a party to a registered apprenticeship agreement for each apprenticeable trade the Contractor employs, the Contractor will be subject to the following sanctions:

a. Withholding of the requested payment until the required form(s) are submitted;

b. Temporary or permanent cessation of work on the project, without recourse to breach of contract claims by the Contractor; provided the DHHL shall be entitled to restitution for nonperformance or liquidated damages claims; or

c. Proceed to debar pursuant to HRS §103D-702.

4. If events such as “acts of God,” acts of a public enemy, acts of the State or any other governmental body in its sovereign or contractual capacity, fires, floods, epidemics, freight embargoes, unusually severe weather, or strikes or other labor disputes prevent the Contractor from submitting the certification forms, the Contractor shall not be penalized as provided herein, provided the Contractor completely and expeditiously complies with the certification process when the event is over.

SC-17 STATE GENERAL EXCISE TAX

This project is not exempt from the State of Hawaii General Excise Tax. The CONTRACTOR’s prices shall include the General Excise Tax for all work.

SC-18 FINAL SETTLEMENT OF CONTRACT

The following shall be made additional conditions of compliance with DHHL Construction General Condition 7.33:

1. The contractor shall coordinate with all government agencies and utility companies on behalf of DHHL to obtain letter(s) from each respective government agency or utility company indicating that acceptance of the contract work for the project has been granted to DHHL. Copies of the letters shall be submitted to DHHL.

2. Signature, execution, and return of the “Record Drawing” Title tracings.

Payment for all work required to comply with the above items will not be paid for separately but shall be considered incidental to the various contract items.

http://hawaii.gov/labor/wdd

DHHL Construction General Conditions March 2014

DHHL CGC Page 1 of 68

Department of Hawaiian Home Lands

CONSTRUCTION GENERAL CONDITIONS

Dated March 2014

TABLE OF CONTENTS

ARTICLE/SECTION PAGE

ARTICLE 1: DEFINITIONS AND ABRREVIATIONS

1.1 DEFINITIONS

1.2 ABBREVIATIONS

ARTICLE 2 (reserved)

ARTICLE 3: CONTRACT

3.1 NOTICE TO PROCEED

3.2 RELATIONSHIP OF PARTIES

3.3 PERSONNEL REQUIREMENTS

3.4 NON-DISCRIMINATION

3.5 CONFLICTS OF INTEREST

3.6 EMPLOYMENT OF STATE RESIDENTS (§103B-3 HRS)

ARTICLE 4: SCOPE OF WORK

4.1 INTENT OF CONTRACT, DUTY OF CONTRACTOR

4.2 CHANGES

4.3 DUTY OF CONTRACTOR TO PROVIDE PROPOSAL FOR CHANGES

4.4 PRICE ADJUSTMENT (§3-125-13 HAR)

4.5 ALLOWANCES FOR OVERHEAD AND PROFIT (§3-125-13 HAR)

4.6 PAYMENT FOR DELETED MATERIAL

4.7 VARIATIONS IN ESTIMATED QUANTITIES (§3-125-10 HAR)

4.8 VARIATIONS IN BOTTOM ELEVATIONS

4.9 DIFFERING SITE CONDITIONS (§3-125-11 HAR)

4.10 COSTS AND EXPENSES

ARTICLE 5: CONTROL OF WORK

5.1 AUTHORITY OF THE CHAIRMAN, HAWAIIAN HOMES COMMISSION

5.2 AUTHORITY OF THE PROJECT MANAGER

5.3 AUTHORITY OF THE INSPECTOR

5.4 AUTHORITY OF CONSULTANT(S)

5.5 SHOP DRAWINGS AND OTHER SUBMITTALS

5.6 COORDINATION OF CONTRACT DOCUMENTS

5.7 INTERPRETATION OF DRAWINGS AND SPECIFICATIONS

5.8 EXAMINATION OF DRAWINGS, SPECIFICATIONS, PROJECT SITE

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5.9 COOPERATION BETWEEN THE CONTRACTOR AND THE DEPARTMENT

5.10 INSPECTION

5.11 REMOVAL OF DEFECTIVE, NON-CONFORMING AND UNAUTHORIZED WORK

5.12 VALUE ENGINEERING INCENTIVE

5.13 SUBCONTRACTS

ARTICLE 6: CONTROL OF MATERIALS AND EQUIPMENT

6.1 MATERIALS AND EQUIPMENT

6.2 SOURCE OF SUPPLY AND QUALITY OF MATERIALS

6.3 SUBSTITUTION OF MATERIALS AND EQUIPMENT AFTER BID OPENING

6.4 ASBESTOS CONTAINING MATERIALS

6.5 TEST SAMPLES

6.6 MATERIAL SAMPLES

6.7 NON-CONFORMING MATERIALS

6.8 HANDLING MATERIALS

6.9 STORAGE OF MATERIALS

6.10 PROPERTY RIGHTS IN MATERIALS

6.11 ANTI-TRUST CLAIMS

ARTICLE 7: PROSECUTION AND PROGRESS

7.1 PROSECUTION OF THE WORK

7.2 COMMENCEMENT REQUIREMENTS

7.3 INSURANCE REQUIREMENTS

7.4 PERMITS AND LICENSES

7.5 NORMAL WORKING HOURS

7.6 HOURS OF LABOR (§104-2 HRS)

7.7 PREVAILING WAGES (§104-2 HRS & FEDERAL DAVIS-BACON)

7.8 FAILURE TO PAY REQUIRED WAGES (§104-4 HRS OR

FEDERAL DAVIS-BACON)

7.9 PAYROLLS AND PAYROLL RECORDS (§104-3 HRS)

7.10 OVERTIME AND NIGHT WORK

7.11 OVERTIME AND NIGHT PAYMENT FOR DEPARTMENT INSPECTION SERVICE

7.12 LIMITATIONS OF OPERATIONS

7.13 ASSIGNMENT OR CHANGE OF NAME (§3-125-14 HAR)

7.14 LAWS TO BE OBSERVED

7.15 PATENTED DEVICES, MATERIALS AND PROCESSES

7.16 SANITARY, HEALTH AND SAFETY PROVISOINS

7.17 PROTECTION OF PERSONS AND PROPERTY

7.18 ARCHAEOLOGICAL SITES

7.19 RESPONSIBILITY FOR DAMAGE CLAIMS; INDEMNITY

7.20 CHARACTER OF WORKERS OR EQUIPMENT

7.21 CONTRACT TIME

7.22 CONSTRUCTION SCHEDULE

7.23 STATEMENT OF WORKING DAYS

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7.24 SUSPENSION OF WORK (§3-125-7 HAR)

7.25 DISPUTES AND CLAIMS (§3-126-3 HAR)

7.26 FAILURE TO COMPLETE THE WORK ON TIME

7.27 TERMINATION OF CONTRACTOR FOR CAUSE (§3-125-18 HAR)

7.28 TERMINATION FOR CONVENIENCE (§3-125-22 HAR)

7.29 CORRECTING DEFECTS

7.30 FINAL CLEANING

7.31 SUBSTANTIAL COMPLETION AND FINAL INSPECTION

7.32 PROJECT ACCEPTANCE DATE

7.33 FINAL SETTLEMENT OF CONTRACT

7.34 CONTRACTOR’S RESPONSIBILITY FOR WORK; RISK OF LOSS

7.35 GUARANTEE OF WORK

7.36 WORK OF AND CHARGES BY UTILITIES

7.37 RIGHT TO AUDIT RECORDS

7.38 RECORDS MAINTENANCE, RETENTION AND ACCESS

7.39 COST OR PRICING DATA

7.40 CONFIDENTIALITY OF MATERIAL

7.41 PUBLICITY

7.42 OWNERSHIP RIGHTS AND COPYRIGHT

7.43 GOVERNING LAW

7.44 SEVERABILITY

7.45 WAIVER

7.46 UTILITIES AND SERVICES

ARTICLE 8: MEASUREMENT AND PAYMENT

8.1 MEASUREMENT OF QUANTITIES

8.2 NO WAIVER OF LEGAL RIGHTS

8.3 PAYMENT FOR ADDITIONAL WORK

8.4 PROGRESS AND/OR PARTIAL PAYMENTS

8.5 PROMPT PAYMENT (§3-125-23 HAR)

8.6 RETAINAGE

8.7 WARRANTY OF CLEAR TITLE

8.8 FINAL PAYMENT

8.9 STATE’S RIGHT TO OFFSET

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ARTICLE 1: DEFINITIONS AND ABBREVIATIONS

1.1 DEFINITIONS. Whenever the following terms or pronouns are used in these Construction General

Conditions, or in any contract documents or instruments where these Construction General Conditions govern, the intent and meaning shall be interpreted as follows:

ADDENDUM (plural - Addenda). A written or graphic document, including Drawings and Specifications, issued by the Chairman during the bidding period which modifies or interprets the bidding documents, by additions, deletions, clarifications or corrections, which shall be considered and made a part of the bid proposal and the contract.

ADDITION (to the contract sum). Amount added to the contract sum by Change Order.

ADMINISTRATIVE RULES. Hawaii Administrative Rules for Chapter 103-D of the Hawaii Revised Statutes.

ADVERTISEMENT. A public announcement inviting bids for work to be performed or materials to be furnished.

BAD WEATHER DAY. When weather or other conditions prevent a minimum of four hours of work with the Contractor’s normal work force on controlling items of work at the site. (See excess bad weather day.)

BENEFICIAL OCCUPANCY. The point of project completion when the Department can use the constructed facility in whole or in part for its intended purpose even though substantial completion may not be achieved.

BID. See PROPOSAL.

BID SECURITY. The security furnished by the Bidder from which the Department may recover its damages in the event the Bidder breaches its promise to enter into a contract with the Department and fails to execute the required bonds covering the work contemplated, if its proposal is accepted.

BIDDER. Any individual, partnership, firm, corporation, joint venture, or other legal entity submitting, directly or through a duly authorized representative or agent, a proposal for the work contemplated.

BIDDING DOCUMENTS. The advertisement “Notice to Contractors”, or invitation to bid, instructions to Bidders, proposal requirements, the bid form and the proposed Contract Documents including all addenda issued prior to receipt of Bids.

BULLETIN. A written notice to the Contractor requesting a price and / or time proposal for contemplated changes preparatory to the issuance of a field order or change order.

BY OR TO THE PROJECT MANAGER. To avoid cumbersome and confusing repetition of expressions in these General Conditions, it is provided that whenever the following words or words of like import are used, they shall be understood as if they were followed by the words “by the Project Manager” or “to the Project Manager”, unless the context clearly indicates another meaning: contemplated, required, determined, directed, specified, authorized, ordered, given, designated, indicated, considered necessary, deemed necessary, permitted, reserved, suspended, established, approval, approved, disapproved, acceptable, unacceptable, suitable, accepted, satisfactory, unsatisfactory, sufficient, insufficient, rejected or condemned.

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CALENDAR DAY. Any day shown on the calendar beginning at midnight and ending at midnight the following day. If no designation of calendar or working day is made, “day” shall mean calendar day.

CHAIRMAN. The Chairman of the Hawaiian Homes Commission, Department of Hawaiian Home Lands.

CHANGE ORDER. A written order signed by the Chairman that establishes the full payment and final settlement of all claims for direct, indirect and consequential costs, including costs of delays, and establishes any adjustments to contract time related to the work covered and affected by one or more field orders, or for change work done or agreed to be done without issuance of a separate field order. A change order signed by all the parties to the contract constitutes a supplemental agreement.

COMPLETION. See SUBSTANTIAL COMPLETION and FINAL COMPLETION.

CONSULTANT. A person, firm or corporation having a contract with the Department to furnish services with respect to the project.

CONTRACT. The written agreement between the Contractor and the Department by its Chairman, by which the Contractor is bound to furnish all labor, equipment, and materials and to perform the specified work within the contract time stipulated, and by which DHHL is obligated to compensate the Contractor therefor at the prices set forth therein. The contract shall include the Contract Documents, also any and all amendments, and change orders, which are required to complete the construction in an acceptable manner.

CONTRACT COMPLETION DATE. The calendar day on which all work on the project, required by the contract, must be completed. See CONTRACT TIME and FINAL COMPLETION.

CONTRACT DOCUMENTS. The Contract, Addenda (which pertain to the Contract Documents, Contractor’s Proposal (including Wage Schedule, List of Subcontractors and other documentation accompanying the Bid and any post bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the contract, the Notice to Proceed, the Bonds, these General Conditions, the SPECIAL CONDITIONS, the Specifications and the Drawings as the same are more specifically identified in the contract together with all written Amendments, Change Orders, Field Orders, any written order for minor changes in the work and Project Manager’s written interpretations and clarifications issued on or after the effective date of the contract.

CONTRACT PRICE. The amount designated on the face of the contract for the performance of work including allowances, if any.

CONTRACT TIME. The number of working or calendar days provided in the contract for completion of the contract, exclusive of authorized time extensions. The number of days shall begin running on the effective date in the Notice to Proceed. If in lieu of providing a number of working or calendar days, the contract requires completion by a certain date, the work shall be completed by that date.

CONTRACTOR. Any individual, partnership, firm, corporation, joint venture, or other legal entity undertaking the execution of the work under the terms of the contract with the State of Hawaii, and acting directly or through its agents, or employees.

DEPARTMENT. The Department of Hawaiian Home Lands (abbreviated DHHL).

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DRAWINGS (or Plans). The contract drawings in graphic or pictorial form, which show the design, location, character, dimensions and details of the work to be done and which shall be a part of the Contract Documents.

EQUAL OR APPROVED EQUAL. Whenever this term is used in the drawings or specifications, it shall be interpreted to mean a brand or article, prequalified in accordance with Section 6.3 SUBSTITUTION OF MATERIALS AND EQUIPMENT AFTER BID OPENING, that may be used in place of the one specified.

EXCESS BAD WEATHER DAY. A working day on which inclement weather prevents work on the contract and is beyond the average weather for the location of the project and the time of the year.

FIELD ORDER. A written order issued by the Project Manager to the Contractor requiring the contract work to be performed in accordance with a change or changes in the work. A field order may (1) establish a price adjustment and/or time adjustment in an amount the Project Manager believes is reasonable for the change; or (2) may declare that the Project Manager does not intend to adjust contract time or price for the work; or (3) may request the Contractor to submit a proposal for an adjustment to the contract time and/or price by a certain date.

FINAL COMPLETION. The date set by the Chairman that all work required by the contract and any amendments or changes thereto is in full compliance with the contract.

FORCE ACCOUNT. Term used when work is ordered to be done at the sole option of the Department and is to be billed for at cost of labor, materials and equipment, insurance(s), taxes, etc., plus a percentage for overhead and profit.

GUARANTEE. Legally enforceable assurance of the duration of satisfactory performance of quality of a product or work.

HAZARDOUS MATERIALS. Any and all radioactive materials, asbestos, polychlorinated biphenyls, petroleum, crude oil, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, toxic substances or materials cited in Hazardous Material Laws. Abandoned motor vehicles or parts thereof are not hazardous material.

HOLIDAYS. The days of each year which are set apart and established as State holidays pursuant to Chapter 8, Hawaii Revised Statutes.

INSPECTOR. The person assigned by the Department to make detailed inspections of contract performance and materials supplied for the work.

LAWS. All Federal, State, City and County Laws, ordinances, rules and regulations, and standard specifications, including any amendments thereto effective as of the date of the call for sealed bids.

LETTER OF AWARD. A written notice from the Chairman to the successful Bidder(s) stating that the Department has accepted its proposal.

LIQUIDATED DAMAGES. The amount prescribed in the Special Conditions, LIQUIDATED DAMAGES to be paid to the Department or to be deducted from any payments due or to become due the Contractor for each working day or calendar day (as applicable) delay in completing the whole or any specified portion of the work beyond the Contract Time.

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MAJOR UNIT PRICE ITEM. A unit price item which, when extended on its estimated quantities in the proposal form, exceeds five percent (5%) of the total base bid proposal less any allowance and contingent items included in the proposal.

NON-CONFORMING WORK. Work that does not meet the requirements of the Contract Documents.

NOTICE TO PROCEED. A written notice from the Project Manager to the Contractor advising it of the date on which it is to begin the prosecution of the work, which date shall also be the beginning of Contract Time.

POST CONTRACT DRAWINGS. Drawings issued after the award of the contract for the purpose of clarification and / or changes to the work indicated in the original drawings and which may be made a part of the contract.

PROJECT ACCEPTANCE DATE. The calendar day on which the Project Manager accepts the project as sufficiently completed in compliance with the contract so that the Department can occupy or utilize the work for its intended use. See SUBSTANTIAL COMPLETION.

PROJECT CONTRACT LIMITS (or CONTRACT ZONE). The portion of the site as delineated on the drawings which define the Contractor’s primary area of operation for the prosecution of the work.