Scope ADA Door Hilo.pdf

Third Circuit | Kaʻapuni ʻEkolu

THE JUDICIARY STATE OF HAWAIʻI | KA ̒ OIHANA HOʻOKOLOKOLO MOKUʻĀINA ̒ O HAWAIʻI

HILO HALE KAULIKE 777 KĪLAUEA AVENUE HILO, HAWAIʻI 96720 (808) 961-7440

KONA KEAHUOLŪ COURTHOUSE 74-5451 KAMAKAʻEHA AVENUE KAILUA-KONA, HAWAIʻI 96740 (808) 322-8700 KAMUELA WAIMEA CIVIC CENTER 67-5187 KAMĀMALU STREET KAMUELA, HAWAIʻI 96743 (808) 443-2030

LOCATION: Third Circuit Court Hale Kaulike Courthouse 777 Kilauea Avenue Hilo, HI 96720

RE: Furnishing and installation of ADA-compliant automatic door opener systems

TERM OF CONTRACT: June 22, 2026 through May 31, 2027

A. SCOPE OF WORK

The Contractor shall provide all labor, materials, equipment, supervision, and incidentals necessary for a complete installation, including:

1. Furnish and install stand-alone low-energy ADA automatic door Operators/ closers on existing double doors

2. Utilize existing electrical power for system operation

3. Provide activation devices (push plates and/or sensors)

4. Install all required hardware for a complete and operable system

5. Perform testing, adjustment, and commissioning

6. Work to be performed during regular business hours from 7:45am to

4:30pm Monday-Friday

B. SYSTEM REQUIREMENTS

Installed systems shall:

1. Comply with all applicable ADA (Americans with Disabilities Act) requirements

2. Comply with ANSI/BHMA A156.19

3. Meet all applicable federal, state, and county codes

4. Be suitable for high-traffic public facilities

5. Include safety features such as obstruction detection and controlled closing

6. Include signage in compliance with ANSI/BHMA A156.19

C. CONTRACTOR RESPONSIBILITIES

The Contractor shall:

1. Verify all field measurements and site conditions prior to installation.

2. Submit for review and approval prior to ordering of materials: Product data, shop drawings, and wiring diagram(s).

3. Provide on-site supervision and coordination.

4. Protect existing finishes and maintain safe working conditions

5. Coordinate work to minimize disruption to courthouse operations

6. If necessary, changes arise, the Contractor must have the approval from the designated contact person to make the change. The Judiciary will not pay the Contractor for unapproved changes.

7. Provide Operations and Maintenance Manuals, in electronic format and 3 (?)

hard copies (if desired)

8. Warranty: Automatic door operators shall be free of defects in material and workmanship for a period of one (1) year from the date of substantial completion.

9. During the warranty period, a factory-trained technician shall perform service and affect repairs. An inspection shall be performed after each adjustment or repair.

10. During the warranty period all warranty work, including but not limited to emergency work, shall be performed during normal business hours.

11. Provide Owners’ maintenance personnel to adjust, operate and maintain safe operation of the doors.

D. CONTRACTOR’S QUALIFICATIONS REQUIREMENTS:

Compliance Certificate 103D-310(c), Hawaii Revised Statutes. Contractors are required to provide proof of compliance in order to receive a contract for $25,000 or more. To meet this requirement, Bidders may apply and register at the Hawaii Compliance Express (HCE) website:

http://vendors.ehawaii.gov/hce/splash/welcome.html All Contractors must be compliant at the time of execution of contract and throughout the contract period.

E. INSPECTION OF JOB SITE:

Bidders are REQUIRED TO ATTEND THE MANDATORY pre-offer meeting and Judiciary conducted site visit. Failure to attend the meeting and site visit will automatically be cause for rejection of the bid. No other time for a site inspection will be scheduled or allowed. The pre-bid meeting and accompanying Judiciary-conducted site visit will be held at Hale Kaulike Courthouse at 777 Kilauea Avenue Hilo, HI 96720-4212 on May 8, 2026 at 10:00 am. Bidders attending the pre-bid meeting must register on HIePRO by May 7, 2026.

No questions will be accepted during the site visit. All questions must be submitted through HIePRO.

Each Bidder shall bring his or her own flashlight, tape measure and small tools that may be required to inspect the premises. Bidders and interested parties are required to sign in at the meeting to confirm attendance.

F. BID PRICE

Total lump Sum bid price shall include labor, materials, supplies, equipment, travel (if necessary) and other appurtenances necessary to complete this job.

Total lump sum bid price submitted shall include all applicable taxes and fees.

G. SECURITY

The Contractor shall make reasonable efforts to ensure that all employees and subcontractors do not pose a risk to the safety and security of Judiciary staff and Court users as well surrounding businesses. All employees that may perform

H. BID SECURITY

Bid Security is required and must be submitted with the offer. The security furnished by the bidder from which the State may recover its damages in the event the bidder breaches its promise to enter into a contract with the State and fails to executes the required bonds covering the work contemplated, if its proposal is accepted. Subject to the executions in Section 3-122-223(d) HAR, all lump sum bids of $25,000 and higher, or lump sum base bids including alternates of $25,000 and higher, that are not accompanied by bid security are non-responsive. Bid security shall conform with h §3-122-222(a) HAR.

I. Performance and Payment Bonds Upon the acceptance of the bid by the Procurement Officer, the bidder must enter into and execute a contract and furnish a performance and payment bond.

These bonds shall conform to the provision of HRS Sections 103D-324 and 325, and any law applicable thereto.

CONTACTS: Please contact Ben Publico, Facilities Manager (808) 961-7680 or email at ben.a.publico@courts.hawaii.gov work under this contract and may have access to secure areas of the Judiciary premises will be subject to a criminal history background check by the Judiciary. The Contractor shall furnish the Judiciary with the name, date of birth, and social security number of employees at the request of the Judiciary.

The Judiciary shall have the discretion to deny any employees under this contract from working within the Judiciary premises.

General Conditions 00700 - 1

SECTION 00700 - GENERAL CONDITIONS

PART 1 - GENERAL

1.01 GENERAL CONDITIONS

A. The publication by the Public Works Division, Department of Accounting and

General Services, State of Hawai‘i, titled “INTERIM GENERAL CONDITIONS 1999 Edition,” known as the “GENERAL CONDITIONS”, forms part of the Judiciary Contract between the Contractor and the Judiciary. The GENERAL CONDITIONS are not physically included with these specifications, but are included by reference. Copies of the GENERAL CONDITIONS may be obtained from the Department of Accounting and General Services, Public Works Division, Oahu Office, State of Hawai‘i, fourth floor of the Kalanimoku Building, Room 422, 1151 Punchbowl Street, Honolulu, Hawai‘i or at the DAGS District Offices on Kauai, Maui and Hawai‘i.

B. The GENERAL CONDITIONS and SECTION 00800 - SPECIAL CONDITIONS shall govern the Work specified in all DIVISIONS and SECTIONS.

C. Wherever the term ‘Interim General Conditions’ appears in the Contract Documents, it shall be replaced with the term “GENERAL CONDITIONS.”

1.02 REVISIONS TO THE GENERAL CONDITIONS - The following changes shall govern over the respective items in the published “INTERIM GENERAL CONDITIONS, 1999 Edition.”

A. Under ARTICLE 1 - DEFINITIONS, replace existing sections (1.5, 1.9, 1.11, 1.12, 1.24, 1.37, 1.43, 1.44, 1.49 and 1.50 respectively) and add new sections (1.65 through 1.75 respectively):

“1.5 ADVERTISEMENT - A public announcement soliciting bids or offers.

1.9 BID - See Offer.

1.11 BIDDER - See Offeror.

1.12 BIDDING DOCUMENTS (or SOLICITATION DOCUMENTS) - The

advertisement solicitation notice and instructions, Offer requirements, Offer forms, and the proposed contract documents including all addenda, and clarifications issued prior to receipt of the Offer.

1.24 CONTRACT TIME (or CONTRACT DURATION) - The number of

calendar (or working) days provided for completion of the contract, inclusive 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 calendar (or working) days, the contract requires completion by a certain date, the work shall be completed by that date.

1.37 INSPECTOR - The person assigned by the Contracting Officer to inspect and monitor construction operations.

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1.43 NOTICE TO CONTRACTORS - See Solicitation.

1.44 NOTICE TO PROCEED - A written notice from the Judiciary to the Contractor establishing the applicable Contract Duration, Project Start Date, Jobsite Start Date, Jobsite Completion Date, and Contract Completion Date.

1.49 PROPOSAL (Bid) - See Offer (or Bid).

1.50 PROPOSAL FORM - See Offer Form (or Bid Form).

1.65 CONTRACTING OFFICER - See Engineer.

1.66 JOBSITE START DATE - The date when on-site construction may start.

1.67 JOBSITE COMPLETION DATE - The date when on-site construction must be completed.

1.68 OFFER (or BID) - The executed document submitted by an Offeror in response to a solicitation request, to perform the work required by the proposed contract documents, for the price quoted and within the time allotted.

1.69 OFFEROR (or BIDDER) - Any individual, partnership, firm, corporation, joint venture or other legal entity submitting directly or through a duly authorized representative or agent, an Offer for the work or construction contemplated.

1.70 OFFER FORM (or BID FORM) - The form prepared by the Judiciary on which the Offeror submits the written offer or bid. By submitting an offer or bid, the Offeror adopts the language on the form as its own.

1.71 PROJECT CONTROL BUDGET -The amount of funds set aside for the construction of the Project.

1.72 PROJECT START DATE - The date established in the Notice to Proceed when the Contractor shall begin prosecution of the work and the start of contract time.

1.73 RESIDENT – A person who is physically present in the State of Hawai‘i at the time the person claims to have established the person’s domicile in the State of Hawai‘i and shows the person’s intent is to make Hawai‘i the person’s primary residence.

1.74 SHORTAGE TRADE – A construction trade in which there is a shortage of Hawai‘i residents qualified to work in the trade as determined by the Department of Labor and Industrial Relations.

1.75 SOLICITATION - An Invitation to Bid or Request for Proposals or any other document issued by the Judiciary to solicit bids or offers to perform a contract. The solicitation may indicate the time and place to receive the bids or offers and the location, nature and character of the

00700 - 3 work, construction or materials to be provided.”

B. Under ARTICLE 2 – PROPOSAL REQUIREMENTS AND CONDITIONS, modify section 2.1 – QUALIFICATION OF BIDDERS, by deleting 2.1.1, through 2.1.2.8 and substituting the following 2.1.1 through 2.1.2:

“2.1.1 Notice of Intention to Bid

2.1.1.1 In accordance with HRS § 103D-310and HAR § 3-122-111, a written notice of intention to bid need not be filed for construction of any public building or public work. A written notice of intention to bid need not be filed for mere furnishing and installing of furniture, equipment, appliances, material and any combination of these items when a Contractor’s license is not required under Chapter 444, HRS, as amended, and the rules and regulations of the Contractor’s License Board.

2.1.1.2 If two or more prospective bidders desire to bid jointly as a joint venture on a single project, they must file an affidavit of joint venture. Such affidavit of joint venture will be valid only for the specific project for which it is filed. No further license is required when all parties to the joint venture possess current and appropriate contractor’s licenses. Joint ventures are required to be licensed in accordance with Chapter 444, HRS, , as amended, and the rules and regulations of the Contractor’s License Board when any party to the joint venture agreement does not hold a current or appropriate contractor’s license. The joint venture must register with the office of the Director of Commerce and Consumer Affairs in accordance Chapter 425, HRS, as amended.

2.1.1.3 No persons, firm, or corporation may bid where (1) the person, firm, or corporation, or (2) a corporation owned substantially by the person, firm, or corporation, or (3) a substantial stockholder or an officer of the corporation, or

(4) a partner or substantial investor in the firm is in arrears in any payment owned to the State of Hawai‘i or any of its political subdivisions or is in default of any obligation to the State of Hawai‘i or to all or to any of its political subdivisions, including default as a surety or failure to perform faithfully and diligently any previous contract with the Judiciary.

2.1.2 Compliance Certificate HRS § 103D-310(c)– The Contractor is required to provide proof of compliance in order to receive a contract of $25,000 or more. To meet this requirement, Bidders may apply and register at the “Hawaii Compliance Express” website:

http://vendors.ehawaii.gov/hce/splash/welcome.html

C. Under ARTICLE 2 - PROPOSAL REQUIREMENTS AND CONDITIONS, modify section 2.6 - SUBSTITUTION OF MATERIALS AND EQUIPMENT BEFORE BID OPENING, by renaming section 2.6 SUBSTITUTION BEFORE CONTRACT AWARD and deleting subsections 2.6.1 through 2.6.6 and substituting the following three new subsections and related paragraphs 2.6.1 through 2.6.3:

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“2.6.1 For Substitutions after the Letter of Award is issued; refer to Section 6.3

SUBSTITUTION AFTER CONTRACT AWARD.

2.6.2 Unless specifically required otherwise in the contract documents, Offerors shall not submit products, materials, equipment, articles, or systems for review or approval prior to submitting their Offers.

2.6.3 Offerors shall prepare their Offer forms based on the performance requirements of the materials, equipment, articles, or systems noted on the drawings and specifications. If trade names, makes, catalog numbers, or brand names are specified, Offerors shall infer that these items indicate the quality, style, appearance or performance of the material, equipment, article, or systems to be used in the project.”

D. Under ARTICLE 2 – PROPOSAL REQUIREMENTS AND CONDITIONS, modify section 2.7 – PREPARATION OF PROPOSAL, by deleting subsection 2.7.3 and substituting the following 2.7.3:

“2.7.3 Pursuant to the requirements of Section 103D-302, HRS, each Bidder shall include in its bid the name of each person or firm to be engaged by the Bidder on the project as joint contractor or subcontractor indicating also the nature and scope of work to be performed by such joint contractor and/or subcontractor. If the Bidder fails to list a joint contractor or subcontractor, the State may accept the bid if it is in the State’s best interest and the value of the work to be performed by the joint contractor or subcontractor is equal to or less than one percent of the total bid amount. The Bidder shall be solely responsible for verifying that their joint contractor or subcontractor has the proper license at the time of the submitted bid.”

E. Under ARTICLE 2 – PROPOSAL REQUIREMENTS AND CONDITIONS, modify section 2.13 – PROTEST, by deleting subsections 2.13.2 and 2.13.3 and substituting the following 2.13.2 and 2.13.3:

“2.13.2 No protest based upon the contents of the solicitation shall be considered unless it is submitted in writing to the Administrative Director of the Courts prior to the date set for the receipt of proposals.

2.13.3 A protest of an award or proposed award pursuant to HRS §§ 103D-302 or 103D-303, shall be submitted in writing to the Administrative Director of the Courts within five (5) working days after the posting of the award of the Contract.”

F. Under ARTICLE 2 – PROPOSAL REQUIREMENTS AND CONDITIONS, modify section 2.13 – PROTEST, by renumbering existing subsection 2.13.4 to 2.13.5 and adding new subsection 2.13.4:

“2.13.4 All protests must be received at Financial Services Division (FSD), 1111 Alakea, Sixth Floor, Honolulu, Hawai‘i 96813 by the appropriate deadline. Timely receipt shall be evidenced by the date and time registered by the FSD time stamp clock.

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If the bidder chooses to deliver its protest by the United States Postal Service (USPS), the documents shall be sent to Financial Services Division, 1111 Alakea, Sixth Floor, Honolulu, Hawai‘i 96813. USPS does not deliver directly to Financial Services Division and mail must be processed through a mail room. This may cause a delay in receipt by Financial Services.

The Protestor bears sole responsibility for ensuring that the protest letter/documentation is delivered by the appropriate deadline.”

G. Under ARTICLE 3 – AWARD AND EXECUTION OF CONTRACT, replace section 3.2.8 with the following:

"3.2.8 Where there is an incomplete or ambiguous listing of joint contractors and/or subcontractors, the offer may be rejected. Bidders are solely responsible to ensure that their subcontractor listing is complete (i.e., all work which is not listed as being performed by joint contractors and/or subcontractors can be performed by the bidder using its license(s)). Additions to the subcontractor listing by the bidder will not be allowed after bid opening. When there is an ambiguity, as determined by the Judiciary, as to the completeness of the listing, the Judiciary reserves the right to seek information from the bidder to determine whether, in the Judiciary’s discretion, the listing is an error that may be forgiven."

H. Under ARTICLE 3 – AWARD AND EXECUTION OF CONTRACT, modify section

3.3 CORRECTION OF BIDS AND WITHDRAWAL OF BIDS 3-122-31 HAR, by deleting subsection 3.3.1.2(b) and substituting the following 3.3.1.2(b):

“(b) Transposition errors;”

I. Under ARTICLE 3 – AWARD AND EXECUTION OF CONTRACT, modify section

3.3 CORRECTION OF BIDS AND WITHDRAWAL OF BIDS §3-122-31 HAR, by deleting subsection 3.3.2 and substituting the following 3.3.2:

“3.3.2 Withdrawal of bids after bid opening but prior to award may be made when the bid contains a mistake attributable to an obvious error which affects price, quantity, quality, delivery, or contractual conditions, and the bidder requests withdrawal in writing by submitting proof of evidentiary value which demonstrates that a mistake was made. The Administrative Director of the Courts shall prepare a written approval or denial in response to this request.”

J. Under ARTICLE 3 – AWARD AND EXECUTION OF CONTRACT, modify section

3.4 AWARD OF CONTRACT, by deleting subsection 3.4.1 and substituting the following 3.4.1:

“3.4.1 The award of contract, if it be awarded, will be made within 60 calendar days after the opening of the proposals to the lowest responsible and responsive Bidder (including the alternate or alternates which may be selected by the Administrative Director of the Courts in the case of alternate bids) whose proposal complies with all the requirements prescribed, but in no case will an award be made until all necessary investigations are made. The successful Bidder will be notified, by letter mailed to the address shown on the proposal, that its bid has been accepted and that it has been awarded the contract. Unless otherwise required by law, a bid may not be withdrawn without penalty.”

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K. Under ARTICLE 3 – AWARD AND EXECUTION OF CONTRACT, modify section

3.4 AWARD OF CONTRACT, by deleting subsection 3.4.4 and substituting the following 3.4.4:

“3.4.4 The contract will be drawn on the offer forms and accepted by the Administrative Director of the Courts. The contract will not be binding upon the Judiciary until all required signatures have been affixed thereto and written certification that funds are available for the work has been made.”

L. Under ARTICLE 3 – AWARD AND EXECUTION OF CONTRACT, modify section

3.7 REQUIREMENT OF PERFORMANCE AND PAYMENT BONDS by deleting

subsections 3.7.1, 3.7.1.2, and 3.7.1.3 and substituting the following new subsections 3.7.1, 3.7.1.1, and 3.7.1.2:

“3.7.1 Performance and Payment Bonds shall be required for contracts $25,000 and higher. At the time of contract award, the successful Bidder shall file good and sufficient performance and payment bonds on the form furnished by the Judiciary (see Appendix), each in an amount equal to one hundred percent (100%) of the amount of the contract price unless otherwise stated in the solicitation of bids. Acceptable performance and payment bonds shall be limited to the following:

3.7.1.1 Surety bonds underwritten by a company licensed to issue bonds in this State; or

3.7.1.2 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, and payable on demand to the State by a bank, a savings institution, or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.

(a) These instruments may be utilized only to a maximum of $100,000.

(b) If the required amount totals over $100,000, more than one instrument not exceeding $100,000 each and issued by different financial institutions shall be acceptable.”

M. Under ARTICLE 3 – AWARD AND EXECUTION OF CONTRACT, modify section

3.7 REQUIREMENT OF PERFORMANCE AND PAYMENT BONDS by adding

the following new subsection 3.7.3:

“3.7.3 For additional Performance and Payment Bond requirements due to changes in the contract amount after contract award, see section 4.2.4.2 Additional Performance and Payment Bond Increases.”

N. Under ARTICLE 3 – AWARD AND EXECUTION OF CONTRACT, add new Section 3.8 as follows:

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“3.8 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.”

O. Under ARTICLE 3 – AWARD AND EXECUTION OF CONTRACT, modify section

3.8 EXECUTION OF THE CONTRACT, by renumbering the section number to 3.9, related subsection numbers to 3.9.1, 3.9.2, by deleting former subsection

3.8.1 and substituting the following new 3.9.1:

“3.9.1 Upon acceptance of the successful bidder’s offer by the Administrative Director of the Courts, the Contractor shall provide satisfactory performance and payment bonds within ten calendar days after award of the contract or within such further time as granted by the Administrative Director of the Courts. No proposal or contract shall be considered binding upon the Judiciary until the contract has been fully and properly executed by all parties thereto and the Administrative Director of the Courts has endorsed thereon its certificate, as required by HRS § 103D-309, that there is an available unexpended appropriation or balance of an appropriation over and above all outstanding contracts sufficient to cover the Judiciary’s amount required by such contract.”

P. Under ARTICLE 3 – AWARD AND EXECUTION OF CONTRACT, modify section

3.9 FAILURE TO EXECUTE THE CONTRACT, by renumbering the section number to 3.10, related subsection numbers to 3.10.1, 3.10.2, 3.10.3, by deleting former subsection 3.9.2 and substituting the following new 3.10.2:

“3.10.2 After the Award – If the Bidder to whom contract is awarded shall fail or neglect to furnish satisfactory security within ten (10) calendar days after such award or within such further time as the Administrative Director of the Courts may allow, the Judiciary shall be entitled to recover from such Bidder its actual damages, including but not limited to the difference between the bid and the next lowest responsive bid, as well as personnel and administrative costs, consulting and legal fees and other expenses incurred in arranging a contract with the next low responsive bidder or calling for new bids. The Judiciary may apply all or part of the amount of the bid security to reduce damages. If upon determination by the Judiciary of the amount of its damages the bid security exceeds that amount, it shall release or return the excess to the person who provided same.”

Q. Under ARTICLE 3 – AWARD AND EXECUTION OF CONTRACT, renumber Section 3.10 NOTICE TO PROCEED and related subsection numbers to 3.11, 3.11.1, 3.11.2, 3.11.3 and 3.11.4.

R. Under ARTICLE 4 - SCOPE OF WORK, modify Section 4.2 CHANGES, by deleting subsection 4.2.4.2 and substituting the following new subsection 4.2.4.2:

“4.2.4.2 Performance and Payment Bond Increases. When the contract price is increased, performance and payment bonds shall each be automatically increased in amounts equal to one hundred percent (100%) of the increase in contract price.

S. Under ARTICLE 4 - SCOPE OF WORK, modify Section 4.2 CHANGES, by deleting subsection 4.2.4.3 and substituting the following two new subsections:

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“4.2.4.3 Upon receipt of a change order, if the Contractor does not agree with any of the terms or conditions or the adjustments or non-adjustments of the contract price or contract time, the Contractor shall not execute or sign the change order, but shall return the unsigned change order, along with a written notification of the conditions or items that are in dispute.

4.2.4.4 If the Contractor signs or executes the change order, this constitutes an agreement on the part of the Contractor with the terms and conditions of the change order. A change order that is mutually agreed to and signed by the parties of the contract constitutes a contract modification.”

T. Under ARTICLE 4 - SCOPE OF WORK, modify section 4.2 CHANGES, by adding the following three new subsections 4.2.5 through 4.2.7:

“4.2.5 Claim Notification - The Contractor shall file a notice of intent to claim for a disputed change order within 30 calendar days after receipt of the written order.

Failure to file the protest within the time specified constitutes an agreement on the part of the Contractor with the terms, conditions, amounts, and adjustment or non-adjustment to the contract price or contract time set forth in the disputed change order. The requirement for timely written notice shall be a condition precedent to the assertion of a claim.

4.2.6 Proceeding with Directed Work - Upon receipt of a contract modification, change order, or field order, the Contractor shall proceed with the directed changes and instructions. The Contractor's right to make a claim for additional compensation or an extension of time for completion is not affected by proceeding with the changes and instructions described in a change order and field order.

4.2.7 Pricing or Negotiating Costs Not Allowed - The Contractor's cost of responding to requests for price or time adjustments is included in the contract price. No additional compensation will be allowed unless authorized by the Contracting Officer.”

U. Under ARTICLE 4 - SCOPE OF WORK, modify section 4.3 Duty of Contractor to Provide Proposal for Changes, by deleting subsection 4.3.4.

V. Under ARTICLE 4 - SCOPE OF WORK, modify section 4.4 PRICE ADJUSTMENT §3-125-13 HAR, by deleting subsection 4.4.1 and substituting subsection 4.4.1 and adding a new subsection 4.4.2 and modify section 4.5 ALLOWANCES FOR OVERHEAD AND PROFIT, by deleting subsections 4.5.1,

4.5.2 and 4.5.3 and substituting subsections 4.5.1, 4.5.2 and 4.5.3 as follows:

“4.4 PRICE ADJUSTMENT HRS § 103D-501

4.4.1 A fully executed change order or other document permitting billing for the adjustment in price under any method listed in paragraphs (4.4.1.1) through (4.4.1.5) shall be issued within ten days after agreement on the price adjustment.

Any adjustment in the contract price pursuant to a change or claim in this contract shall be made in one or more of the following ways:

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4.4.1.1 By agreement to a fixed price adjustment before commencement of the pertinent performance;

4.4.1.2 By unit prices specified in the contract or subsequently agreed upon before commencement of the pertinent performance;

4.4.1.3 Whenever there is a variation in quantity for any work covered by any line item in the schedule of costs submitted as required by Section 7.2 COMMENCEMENT REQUIREMENTS, by the Judiciary at its discretion, adjusting the lump sum price proportionately;

4.4.1.4 FORCE ACCOUNT METHOD. At the sole option of the Contracting Officer, by the costs attributable to the event or situation covered by the change, plus appropriate profit or fee, all as specified in Section 4.5 ALLOWANCES FOR OVERHEAD AND PROFIT and the force account provision of Section 8.3 PAYMENT FOR ADDITIONAL WORK before commencement of the pertinent performance;

4.4.1.5 In such other manner as the parties may mutually agree upon before commencement of the pertinent performance; or

4.4.1.6 In the absence of an agreement between the two parties:

4.4.1.6.a For change orders with value not exceeding $50,000 by documented actual costs of the work, allowing for overhead and profit as set forth in Section 4.5 ALLOWANCES FOR OVERHEAD AND PROFIT. A change order shall be issued within 15 days of submission by the contractor of proper documentation of completed force account work, whether periodic (conforming to the applicable billing cycle) or final. The contracting officer shall return any documentation that is defective to the contractor within 15 days after receipt, with a statement identifying the defect; or

4.4.1.6.b For change orders with value exceeding $50,000 by a unilateral determination by the Contracting Officer of the reasonable and necessary costs attributable to the event or situation covered by the change, plus appropriate profit or fee, all as computed by the Contracting Officer in accordance with applicable sections of Chapters 3-123 and 3-126 of the Hawaii Administrative Rules, and Section 4.5 ALLOWANCES FOR OVERHEAD AND PROFIT. When a unilateral determination has been made, a unilateral change order shall be issued within ten days. Upon receipt of the unilateral change order, if the contractor does not agree with any of the terms or conditions, or the adjustment or non-adjustment of the contract time or contract price, the contractor shall file a notice of intent to claim within 30 days after the receipt of the written unilateral change order. Failure to file a protest within the time specified shall constitute agreement on the part of the contractor with the terms, conditions, amounts, and adjustment or non-adjustment of the contract time or the contract price set forth in the unilateral change order.

4.4.2 Cost or Pricing Data - Contractor shall provide and certify cost or pricing data for any price adjustment to a contract involving aggregate increases and decreases in costs plus applicable profits expected to exceed $100,000. The

00700 - 10 certified cost or pricing data shall be subject to the provisions of HAR chapter 3- 122, subchapter 15.

4.5 ALLOWANCES FOR OVERHEAD AND PROFIT HRS § 103D-501

4.5.1 In determining the cost or credit to the Judiciary resulting from a change, the allowances for all overhead, including, extended overhead resulting from adjustments to contract time (including home office, branch office and field overhead, and related delay impact costs) and profit combined, shall not exceed the percentages set forth below:

4.5.1.1 For the Contractor, for any work performed by its own labor forces, twenty percent (20%) of the direct cost;

4.5.1.2 For each subcontractor involved, for any work performed by its own forces, twenty percent (20%) of the direct cost;

4.5.1.3 For the Contractor or any subcontractor, for work performed by their subcontractors, ten percent (10%) of the amount due the performing subcontractor.

4.5.2 Not more than three markup allowance line item additions not exceeding the maximum percentage shown above will be allowed for profit and overhead, regardless of the number of tier subcontractors.

4.5.3 The allowance percentages will be applied to all credits and to the net increase of direct costs where work is added and deleted by the changes.”

W. Under ARTICLE 5 - CONTROL OF THE WORK, modify section 5.4 SHOP DRAWINGS AND OTHER SUBMITTALS, by deleting subsection 5.4.14 and

5.4.15 and substituting the following new subsections:

“5.4.14 Descriptive Sheets and Other Submittals - When a submittal is required by the contract, the Contractor shall submit to the Contracting Officer eight (8) complete sets of descriptive sheets such as shop drawings, brochures, catalogs, illustrations, calculation, material safety data sheets (MSDS), certificates, reports, warranty, etc., which will completely describe the material, product, equipment, furniture, or appliance to be used in the project as shown in the drawings and specifications and how it will be integrated into adjoining construction. When submittals are specified to be submitted under Web Based Construction Management System, the number of complete sets will be as specified or as directed by the Contracting Officer.

Prior to the submittal, the Contractor shall review and check all submittal sheets for conformity to the contract requirements and indicate such conformity by marking or stamping and signing each sheet. Where descriptive sheets include materials, systems, options, accessories, etc. that do not apply to this contract, non-relevant items shall be crossed out so that all remaining information will be considered applicable to this contract. It is the responsibility of the Contractor to submit descriptive sheets for review and acceptance by the Contracting Officer as required at the earliest possible date after the date of award in order to meet the Contract Duration. Delays

00700 - 11 caused by the failure of the Contractor to submit descriptive sheets as required will not be considered as justification for contract time extension.

5.4.15 Material Samples and Color Samples - When material and color sample submittals are required by the contract, the Contractor shall submit to the Contracting Officer no less than three (3) samples conforming to Section

6.6 MATERIAL SAMPLES. One sample will be retained by the Consultant, one sample will be retained by the Judiciary, and the remaining sample(s) will be returned to the Contractor. Prior to the material and color submittal, the Contractor shall review and check all samples for conformity to the contract requirements and indicate such conformity by marking or stamping and signing each sample. It is the responsibility of the Contractor to submit samples for review and acceptance by the Contracting Officer as required at the earliest possible date after the date of award in order to meet the Contract Duration. Delays caused by the failure of the Contractor to submit material and color samples as required will not be considered as justification for contract time extension.

5.4.16 Unless the technical sections (Divisions 2 - 16) specifically require the Contractor furnish a greater quantity of shop drawings and other submittals, the Contractor shall furnish the quantities required by this section.”

X. Under ARTICLE 5 - CONTROL OF THE WORK, modify section 5.8

COOPERATION BETWEEN THE CONTRACTOR AND THE DEPARTMENT, by deleting the subsection 5.8.1 and substituting the following new subsection 5.8.1:

“5.8.1 Furnishing Drawings and Specifications – The Judiciary will not furnish hard copies of contract plans and specifications to Contractors.

Contractors who receive award for projects shall download the files of drawings and specifications from the HIePRO website: https//hiepro@ehawaii.gov and make their own hard copies. Contractor shall have and maintain at least one hard copy of the Contract Drawings and Specifications on the work site, at all times.”

Y. Under ARTICLE 5 - CONTROL OF THE WORK, modify section 5.12

SUBCONTRACTS, by deleting the subsection 5.12 and related paragraphs and substituting the following new subsection 5.12 and related paragraphs:

“5.12 SUBCONTRACTS - Nothing contained in the contract documents shall create a contractual relationship between the Judiciary and any subcontractor.

The contractor may subcontract a portion of the work but the contractor shall remain responsible for the work that is subcontracted.

5.12.1 Replacing Subcontractors - Contractors may enter into subcontracts only with subcontractors listed in the offer form. The contractor will be allowed to replace a listed subcontractor if the subcontractor:

5.12.1.1 Fails, refuses, or is unable to enter into a subcontract consistent with the terms and conditions of the subcontractor’s offer presented to the contractor; or

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5.12.1.2 Becomes insolvent; or

5.12.1.3 Has any license or certification necessary for performance of the work suspended or revoked; or

5.12.1.4 Has defaulted or has otherwise breached the subcontract in connection with the subcontracted work; or

5.12.1.5 Agrees to be substituted by providing a written release; or

5.12.1.6 Is unable or refuses to comply with other requirements of law applicable to contractors, subcontractors, and public works projects.

5.12.2 Notice of Replacing Subcontractor - The Contractor shall provide a written notice to the Contracting Officer when it replaces a subcontractor, including in the notice and the reasons for replacement. The Contractor agrees to defend, hold harmless, and indemnify the Judiciary against all claims, liabilities, or damages whatsoever, including attorney’s fees, arising out of or related to the replacement of a subcontractor.

5.12.3 Adding Subcontractors - The Contractor may enter into a subcontract with a subcontractor that is not listed in the offer form only after this contract becomes enforceable.

5.12.4 Subcontracting - Contractor shall perform with its own organization, work amounting to not less than twenty (20%) of the total contract cost, exclusive of costs for materials and equipment the Contractor purchases for installation by its subcontractors, except that any items designated by the Judiciary in the contract as “specialty items” may be performed by a subcontract and the cost of any such specialty items so performed by the subcontract may be deducted from the total contract cost before computing the amount of work required to be performed by the Contractor with its own organization.”

Z. Under ARTICLE 6 - CONTROL OF MATERIALS AND EQUIPMENT, Modify

Section 6.3 SUBSTITUTION OF MATERIALS AND EQUIPMENT AFTER BID OPENINGS, by renaming section 6.3 SUBSTITUTION AFTER CONTRACT AWARD and by deleting subsections 6.3.1 through 6.3.3 and related paragraphs, and substituting the following two new subsections 6.3.1 and 6.3.2 and related paragraphs:

“6.3.1 Materials, equipment, articles, and systems noted on the drawings and specifications, establish a standard of quality, function, performance, or design requirements and shall not be interpreted to limit competition. Should trade names, makes, catalog numbers, or brand names be specified, the contractor shall infer that these items indicate the quality, style, appearance or performance of the material, equipment, article, or systems to be used in the project. The contractor is responsible to use materials, equipment, articles, or systems that meet the project requirements. Unless specifically provided otherwise in the contract documents, the contractor may, at its option, use any material, equipment, article, or system that, in the judgment of the Contracting Officer, is equal to that required by the contract documents.

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6.3.1.1 If after installing a material, equipment, article, or system a variance is discovered, the contractor shall immediately replace the material, equipment, article, or system with one that meets the requirements of the contract documents.

6.3.2 Substitution After Contract Award - Subject to the Contracting Officer’s determination; material, equipment, article or system with a variant feature(s) may be allowed as a substitution, provided it is in the Judiciary’s best interest.

The Judiciary may deny a substitution; and if a substitution is denied, the contractor is not entitled to any additional compensation or time extension.

6.3.2.1 The Contractor shall include with the submittal, a notification that identifies all deviations or variances from the contract documents. The notice shall be in a written form separate from the submittal. The variances shall be clearly shown on the shop drawing, descriptive sheet, and material sample or color sample; and the Contractor shall certify that the substitution has no other variant features. Failures to identify the variances are grounds to reject the related work or materials, notwithstanding that the Contracting Officer accepted the submittal. If the variances are not acceptable to the Contracting Officer, the contractor will be required to furnish the item as specified on the contract documents at no additional cost or time.

6.3.2.2 Acceptance of a variance shall not justify a contract price or time adjustment unless the Contractor requests an adjustment at the time of submittal and the adjustments are explicitly agreed to in writing by the Contracting Officer. Any request shall include price details and proposed scheduling modifications. Acceptance of a variance is subject to all contract terms, and is without prejudice to all rights under the surety bond.

6.3.2.3 The Contractor can recommend improvements to the project, for materials, equipment, articles, or systems by means of a substitution request, even if the improvements are at an additional cost. The Contracting Officer shall make the final determination to accept or reject the Contractor’s proposed improvements. If the proposed material, equipment, article, or system cost less than the specified item, the Judiciary will require a sharing of cost similar to value engineering be implemented. The Judiciary reserves its right to deny a substitution; and if a substitution is denied, the contractor is not entitled to additional compensation or time extension.”

AA. Under Article 7 - PROSECUTION AND PROGRESS, modify section 7.2.4 SCHEDULE OF PRICES by deleting paragraph 7.2.4.1 and substituting the following paragraph 7.2.4.1:

“7.2.4.1. The Contractor shall estimate at the close of each month the percentage of work completed under each of the various construction items during such month and submit the Monthly Payment Application to the Contracting Officer for review and approval. The Contractor shall be paid the approved percentage of the price established for each item less the retention provided in Section 8.4 PROGRESS PAYMENTS.”

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BB. Under Article 7 - PROSECUTION AND PROGRESS, add the following paragraph 7.2.4.1A:

“7.2.4.1A Subcontracts. Upon award of a contract and prior to starting any construction work, the Contractor shall submit to the Contracting Officer a list of all subcontractors and the actual subcontracted dollar amount for each of its subcontractors regardless of the amount of the subcontract. See section 7.39 – Employment of State Residents Requirements.”

CC. Under ARTICLE 7 – PROSECUTION AND PROGRESS, modify section 7.2.5

PROOF OF INSURANCE COVERAGE, by deleting subsection 7.2.5 and substituting the following:

“7.2.5 Proof of Insurance Coverage - Certificate of Insurance or other documentary evidence satisfactory to the Contracting Officer that the Contractor has in place all insurance coverage is required by the contract. The Certificate of Insurance shall contain wording which identifies the Project number and Project title for which the certificate of insurance is issued. Refer to Section 7.3

INSURANCE REQUIREMENTS.”

DD. Under ARTICLE 7 – PROSECUTION AND PROGRESS, modify paragraph 7.2.6, by deleting the paragraph and substituting the following:

“7.2.6 Safety and Health Plan for this project. Refer to HRS § 396-18.

7.2.7 Until such time as the above items are processed and receipt is confirmed, the Contractor shall not be allowed to commence on any operations unless authorized by the Administrative Director of the Courts.”

EE. Under ARTICLE 7 – PROSECUTION AND PROGRESS, modify section 7.3 INSURANCE REQUIREMENTS, by deleting subsection 7.3.3 and substituting the following new subsection 7.3.3:

“7.3.3 Certificate(s) of Insurance acceptable to the Judiciary shall be filed with the Contracting Officer prior to commencement of the work. Certificates shall identify if the insurance company is a “captive” insurance company or a “Non- Admitted” carrier to the State of Hawai‘i. The best’s rating must be stated for the “Non-Admitted” carrier. Certificates shall contain a provision that coverages being certified will not be cancelled or materially changed without giving the Contracting Officer at least 30 days prior written notice. Should any policy be canceled before final acceptance of the work by the Judiciary, and the Contractor fails to immediately procure replacement insurance as specified, the Judiciary, in addition to all other remedies it may have for such breach, reserves the right to procure such insurance and deduct the cost thereof from any money due to the Contractor.”

FF. Under ARTICLE 7 – PROSECUTION AND PROGRESS, modify section 7.3 INSURANCE REQUIREMENTS, by deleting subsection 7.3.7.2 and substituting the following new subsection 7.3.7.2:

“7.3.7.2 General Liability - The Contractor shall obtain General Liability insurance with a limit of not less than $2,000,000 per occurrence and in the

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Aggregates. The insurance policy shall contain the following clauses: 1)

"The State of Hawai‘i is added as an additional insured as respects to operations performed for the State of Hawai‘i."; and 2) "It is agreed that any insurance maintained by the State of Hawai‘i will apply in excess of, and not contributed with, insurance provided by this policy." The required limit of insurance may be provided by a single policy or with a combination of primary and excess polices. Refer to SPECIAL CONDITIONS for any additional requirements.”

GG. Under ARTICLE 7 – PROSECUTION AND PROGRESS, modify section 7.3 INSURANCE REQUIREMENTS, by deleting subsection 7.3.7.3 and substituting the following new subsection 7.3.7.3:

“7.3.7.3 Auto Liability - The Contractor shall obtain Auto Liability Insurance covering all owned, non-owned, and hired autos with a Combined single Limit of not less than $1,000,000 per occurrence. The insurance policy shall contain the following clauses: 1) "The State of Hawai‘i is added as an additional insured as respects to operations performed for the State of Hawai‘i."; and 2) "It is agreed that any insurance maintained by the State of Hawai‘i will apply in excess of, and not contributed with, insurance provided by this policy." The required limit of insurance may be provided by a single policy or with a combination of primary and excess polices. Refer to SPECIAL CONDITIONS for any additional requirements.”

HH. Under ARTICLE 7 – PROSECUTION AND PROGRESS, modify section 7.3

INSURANCE REQUIREMENTS, by deleting subsection 7.3.7.4 and substituting the following new subsection 7.3.7.4:

“7.3.7.4 Property Insurance (Builders Risk)

(a) New Building(s) - The Contractor shall obtain Property Insurance covering building(s) being constructed under this Contract. The limit shall be equal to the completed value of the building(s) and shall insure against all-loss excluding earthquakes and floods. The coverage shall be provided by a company authorized to write insurance in the State of Hawai‘i as an insurer. The insurance policy shall contain the following clauses: 1) "The State of Hawai‘i is added as an additional insured as respects to operations performed for the State of Hawai‘i."; and 2) "It is agreed that any insurance maintained by the State of Hawai‘i will apply in excess of, and not contributed with, insurance provided by this policy." If the project falls within the State University System, The University of Hawai‘i shall also be named as an insured. Refer to SPECIAL CONDITIONS for any additional requirements.

(b) Building Renovation and/or Installation Contract - The Contractor shall obtain Property Insurance with a limit equal to the completed value of the work or property being installed and shall insure against all-loss excluding earthquakes and floods. The coverage shall be provided by a company authorized to write insurance in the State of Hawai‘i as an insurer. The insurance policy shall contain the following clauses: 1) "The State of Hawai‘i is added as an additional insured as respects to operations performed for the State of Hawai‘i."; and 2) "It is agreed that any insurance maintained by the State of Hawai‘i will apply in excess of, and

00700 - 16 not contributed with, insurance provided by this policy." The Judiciary – State of Hawai‘i shall also be added as an additional insured as respects to operations performed for the State of Hawai‘i. Refer to SPECIAL CONDITIONS for any additional requirements.

(c) The Contractor is not required to obtain property insurance for contracts limited to site development.”

II. Under ARTICLE 7 - PROSECUTION AND PROGRESS, modify section 7.7 PREVAILING WAGES, by deleting subsection 7.7.4.

JJ. Under Article 7 – PROSECUTION AND PROGRESS, add the following section

7.9A – APPRENTICESHIP AGREEMENT CERTIFICATION

“7.9A APPRENTICESHIP AGREEMENT CERTIFICATION (HRS § 103-55.6)

7.9A.1 For the duration of a contract awarded and executed utilizing the apprenticeship agreement preference the Contractor shall certify, for each month that work is being conducted on the project, that it continues to be a participant in the relevant registered apprenticeship program for each trade it employs.

7.9A.2 Monthly certification shall be made by completing the Monthly Report of Contractor’s Participation - Form 2 made available by the State Department of Labor and Industrial Relations, the original to be signed by the respective apprenticeship program sponsors authorized official, and submitted by the Contractor to the Project Coordinator with its monthly payment requests.