Specifications-FINAL SPECIFICATIONS w NTB 3400A 01 20R.pdf

STATE OF HAWAII

DEPARTMENT OF TRANSPORTATION

HIGHWAYS

HONOLULU, HAWAII

SPECIAL PROVISIONS

PROPOSAL

CONTRACT AND BOND

FOR

KAHULUI BEACH ROAD INTERSECTION

IMPROVEMENTS AT KANALOA AVENUE

PROJECT NO. 3400A-01-20R

DISTRICT OF PU’ALI KOMOHANA

ISLAND OF MAUI

NOTICE TO BIDDERS

Hawaii Revised Statutes (HRS), Chapter 103D

The receiving of bids for KAHULUI BEACH ROAD INTERSECTION

IMPROVEMENTS AT KANALOA AVENUE, DISTRICT OF PUALI KOMOHANA,

ISLAND OF MAUI, PROJECT NO. 3400A-01-20R, will begin as of the HIePRO Release Date.

Bidders shall register and submit complete bids through HIePRO only. Refer to the following

HIePRO link for important information on Vendor Registration:

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

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

HIePRO OFFER DUE DATE & TIME is July 24, 2026, at 2:00 p.m., Hawaii Standard

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

UPLOAD THE PROPOSAL TO HIePRO SHALL BE GROUNDS FOR REJECTION.

The scope of work consists of upgrading the existing traffic signal system with a new traffic controller assembly, new electrical service equipment, and new traffic signal standards and signal heads. The existing pedestrian facilities will also be improved with new raised concrete islands and curb ramps. The estimated cost of construction is between $2,250,000 and

$2,750,000.

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

"A" license at the time of bidding.

A virtual pre-bid conference is scheduled for June 18, 2026, at 2:00 p.m., HST. Please call

Microsoft Teams to join the pre-bid conference at 1-808-829-4853, Phone Conference

ID: 992 837 225#. All prospective bidders and/or their respective representatives are encouraged to attend, however, attendance is not mandatory. All information presented at the pre-bid conference shall be provided for clarification and information only. Any amendments to the solicitation shall be made by formal addendum and posted in HIePRO.

All Request for Information (RFI) questions and Substitution Requests shall be submitted in HIePRO no later than June 26, 2026, at 2:00 p.m., HST. RFI questions received after the stated deadline shall not be addressed. Substitution Requests received after the stated deadline shall not be considered. Verbal RFI(s) shall not receive a response. All responses to RFI questions shall be provided for clarification and information only and issued by formal addendum. Any amendments to the solicitation shall be made by formal addendum and posted in

HIePRO.

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

Apprenticeship Preference. A five (5) percent bid adjustment for bidders that are party to apprenticeship agreements pursuant to HRS § 103-55.6 is applicable to this project.

Employment of State Residents on Construction Procurement Contracts. Compliance with

HRS § 103B-3 is a requirement for this project whereby a minimum of eighty (80) percent of the bidder's work force on this project shall consist of Hawaii residents.

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Campaign contributions by State and County Contractors. Contractors are hereby notified of the applicability of HRS § 11-355 which states that campaign contributions are prohibited from specified State or County government contractors during the term of the contract if the contractors are paid with funds appropriated by a legislative body. For more information, contact the

Campaign Spending Commission at (808) 586-0285.

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

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

The Equal Employment Opportunity Regulations of the Secretary of Labor implementing

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

The United States (U.S.) Department of Transportation Regulation entitled

Title 49, Code of Federal Regulations (CFR), Part 21, is applicable to this project. Bidders are hereby notified that the Department of Transportation shall affirmatively ensure that the contract entered into pursuant to this advertisement shall be awarded to the lowest responsible bidder without discrimination on the grounds of race, color, national origin, or sex (as directed by 23 CFR

Part 200).

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

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

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For additional information, contact Larry D. Hail, Highways Maui Design Engineer, by phone at (808) 873-3567, or by email at larry.d.hail@hawaii.gov.

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

ROBIN K. SHISHIDO

Deputy Director of Transportation for Highways

HIePRO RELEASE DATE: June 10, 2026

3400A-01-20R -1- 8/18/22

TABLE OF CONTENTS

Instructions for Contractor’s Licensing

Special Provisions Title Page

Special Provisions

DIVISION 100 - GENERAL PROVISIONS

Section Description Pages

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

102 Bidding Requirements and Conditions 102-1a – 102-13a

103 Award And Execution Of Contract 103-1a – 103-4a

104 Scope of Work 104-1a – 104-2a

105 Control Of Work 105-1a – 105-3a

106 Material Restrictions and Requirements 106-1a

107 Legal Relations and Responsibility To Public 107-1a – 107-5a

108 Prosecution And Progress 108-1a – 108-25a

109 Measurement and Payment 109-1a – 109-2a

DIVISION 200 EARTHWORK

201 Clearing and Grubbing 201-1a

202 Removal of Structures and Obstructions 202-1a

209 Temporary Water Pollution, Dust, and Erosion Control

209-1a - 209-28a

212 Archaeological Monitoring 212-1a – 212-4a

DIVISION 300 BASES

304 Aggregate Base Course 304-1a

305 Aggregate Subbase Course 305-1a

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DIVISION 400 PAVEMENTS

401 Hot Mix Asphalt (HMA) Pavement 401-1a – 401-3a

DIVISION 500 STRUCTURES

503 Concrete Structures 503-1a

511 Drilled Shafts 511-1a – 511-2a

DIVISION 600 - INCIDENTAL CONSTRUCTION

601 Structural Concrete 601-1a – 601-19a

602 Reinforcing Steel 602-1a – 602-2a

623 Traffic Signal System 623-1a – 623-5a

629 Pavement Markings 629-1a – 629-4a

631 Traffic Control Regulatory, Warning, and Miscellaneous Signs

631-1a

632 Markers 632-1a

634 Portland Cement Concrete Sidewalks 634-1a

636 E-Construction 636-1a – 636-5a

645 Work Zone Traffic Control 645-1a – 645-18a

650 Curb Ramps 650-1a

651 Electrical General Requirements 651-1a – 651-6a

652 Wiring Systems 652-1a – 652-7a

699 Mobilization 699-1a

DIVISION 700 - MATERIALS

750 Traffic Control Sign and Marker Materials 750-1a – 750-2a

753 Underground Electrical Work 753-1a – 753-8a

755 Pavement Marking Materials 755-1a

770 Traffic Signal Materials 770-1a – 770-40a

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

Proposal Title Page

Proposal ……………………………………………………………..…… P-1 – P-6 Proposal Schedule ………………………………………..……………. P-7 – P-11

Surety Bid Bond

Sample Form Title Page

Contract

Performance Bond (Surety)

Performance Bond

Labor and Material Payment Bond (Surety)

Labor and Material Payment Bond

Chapter 104, HRS Compliance Certificate

Provisions to be Included in Construction Procurement Solicitations

Certification of Compliance for Employment of State Residents

END OF TABLE OF CONTENTS

HAI

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INSTRUCTIONS FOR CONTRACTOR’S LICENSING

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

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STATE OF HAWAII

DEPARTMENT OF TRANSPORTATION

HIGHWAYS DIVISION

HONOLULU, HAWAII

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

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

101.02

101-1a 5/6/2021

Amend Section 101 - TERMS, ABBREVIATIONS, AND DEFINITIONS to read as 1 follows: 2

“DIVISION 100 - GENERAL PROVISIONS 4

SECTION 101 - TERMS, ABBREVIATIONS, AND DEFINITIONS 7

101.01 Meaning of Terms. The specifications are generally written in the 9 imperative mood. In sentences using the imperative mood, the subject, “the 10

Contractor shall”, is implied. In the material specifications, the subject may also 11 be the supplier, fabricator, or manufacturer supplying material, products, or 12 equipment for use on the project. The word “will” generally pertains to decisions 13 or actions of the State. 14

When a publication is specified, it refers to the most recent date of issue, 16 including interim publications, before the bid opening date for the project, unless a 17 specific date or year of issue is provided. 18

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

AAN American Association of Nurserymen 23

AASHTO American Association of State Highway and 25

Transportation Officials 26

ACI American Concrete Institute 28

ADA Americans with Disabilities Act 30

ADAAG Americans with Disabilities Act Accessibility Guidelines 32

AGC Associated General Contractors of America 34

AIA American Institute of Architects 36

AISC American Institute of Steel Construction 38

AISI American Iron and Steel Institute 40

ANSI American National Standards Institute 42

APA American Plywood Association 44

101.02

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ARA American Railway Association 46

AREA American Railway Engineering Association 48

ASA American Standards Association 50

ASCE American Society of Civil Engineers 52

ASLA American Society of Landscape Architects 54

ASTM American Society for Testing and Materials 56

AWG American Wire Gauge 58

AWPA American Wood Preserver's Association 60

AWS American Welding Society 62

AWWA American Water Works Association 64

BMP Best Management Practice 66

CCO Contract Change Order 68

CFR Code of Federal Regulations 70

CRSI Concrete Reinforcing Steel Institute 72

DCAB Disability and Communication Access Board, Department of 74

Health, State of Hawaii 75

DOTAX Department of Taxation, State of Hawaii 77

EPA U.S. Environmental Protection Agency 79

FHWA Federal Highway Administration, 81

U.S. Department of Transportation 82

FSS Federal Specifications and Standards, 84

General Services Administration, U.S. Department of Defense 85

HAR Hawaii Administrative Rules 87

HDOT Department of Transportation, State of Hawaii 89

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HIOSH Occupational Safety and Health, Department of Labor and 91

Industrial Relations, State of Hawaii 92

HMA Hot Mix Asphalt 94

HRS Hawaii Revised Statutes 96

ICEA Insulated Cable Engineers Association (formerly IPCEA) 98

IMSA International Municipal Signal Association 100

IRS Internal Revenue Service 102

ITE Institute of Transportation Engineers 104

MUTCD Manual on Uniform Traffic Control Devices for Streets and 106

Highways, FHWA, U.S. Department of Transportation 107

NCHRP National Cooperative Highway Research Program 109

NEC National Electric Code 111

NEMA National Electrical Manufacturers Association 113

NFPA National Forest Products Association 115

NPDES National Pollutant Discharge Elimination System 117

OSHA Occupational Safety and Health Administration/Act, 119

U.S. Department of Labor 120

SAE Society of Automotive Engineers 122

SI International Systems of Units 124

UFAS Uniform Federal Accessibility Standards 126

UL Underwriter's Laboratory 128

USGS U.S. Geological Survey 130

VECP Value Engineering Cost Proposal 132

101.02 133

101.03

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101.03 Definitions. Whenever the following words, terms, or pronouns are 135 used in the contract documents, unless otherwise prescribed therein and without 136 regards to the use or omission of uppercase letters, the intent and meaning shall 137 be interpreted as follows: 138

Addendum (plural - Addenda) - A written or graphic document, including 140 drawings and specifications, issued by the Director during the bidding period. This 141 document modifies or interprets the bidding documents by additions, deletions, 142 clarifications or corrections. 143

Addition (to the contract sum) - Amount added to the contract sum by change 145 order. 146

Advertisement - A public announcement inviting bids for work to be performed or 148 materials to be furnished. 149

Amendment - A written document issued to amend the existing contract between 151 the State and Contractor and properly executed by the Contractor and Director. 152

Award - Written notification to the bidder that the bidder has been awarded a 154 contract. 155

Bad Weather Day (or Unworkable Day) - A day when weather or other conditions 157 prevent a minimum of four hours of work with the Contractor’s normal work force 158 on critical path activities at the site. 159

Bag - 94 pounds of cement. 161

Barrel - 376 pounds of cement. 163

Base Course - The layer or layers of specified material or selected material of a 165 designed thickness placed on a subbase or subgrade to support a surface course. 166

Basement Material - The material in excavation or embankments underlying the 168 lowest layer of subbase, base, pavement, surfacing or other specified layer. 169

Bid - See Proposal. 171

Bidder - An individual, partnership, corporation, joint venture or other legal entity 173 submitting, directly or through a duly authorized representative or agent, a 174 proposal for the work or construction contemplated. 175

Bidding Documents (or Solicitation Documents) - The published solicitation 177 notice, bid requirements, bid forms and the proposed contract documents including 178 all addenda and clarifications issued prior to receipt of the bid. 179

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Bid Security - The security furnished by the bidder from which the State may 181 recover its damages in the event the bidder breaches its promise to enter into a 182 contract with the State, or fails to execute the required bonds covering the work 183 contemplated, if its proposal is accepted. 184

Blue Book - EquipmentWatch Cost Recovery (formerly known as 186

EquipmentWatch Rental Rate Blue Book), available from EquipmentWatch, a 187 division of Penton, Inc. 188

Calendar Day - See Day. 190

Change Order (or Contract Change Order) - A written order signed by the 192

Engineer issued with or without the consent of the Contractor directing changes in 193 the work, contract time or contract price. The purposes of a change order include, 194 but are not limited to (1) establishing a price or time adjustment for changes in the 195 work; (2) establishing full payment for direct, indirect, and consequential costs, 196 including costs of delay; (3) establishing price adjustment or time adjustment for 197 work covered and affected by one or more field orders; or (4) settling Contractor’s 198 claims for direct, indirect, and consequential costs, or for additional contract time, 199 in whole or in part. 200

Completion - See Substantial Completion and Final Completion. 202

Completion Date - The date specified by the contract for the completion of all 204 work on the project or of a designated portion of the project. 205

Comptroller - the Comptroller of the State of Hawaii, Department of Accounting 207 and General Services. 208

Contract - The written agreement between the Contractor and the State, by which 210 the Contractor shall provide all labor, equipment, and materials and perform the 211 specified work within the contract time stipulated, and by which the State of Hawaii 212 is obligated to compensate the Contractor at the prices set forth in the contract 213 documents. 214

Contract Certification Date - The Date on which the Deputy Comptroller for the 216

State of Hawaii (or authorized representative) signs the Contract Certification. 217

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

101-6a 5/6/2021

Contract Documents - The contract, solicitation, addenda, notice to bidders, 222

Contractor’s bid proposal (including wage schedule, list of subcontractors and 223 other documentations accompanying the bid), notice to proceed, bonds, general 224 provisions, special provisions, specifications, drawings, all modifications, all written 225 amendments, change orders, field orders, orders for minor changes in the work, 226 the Engineer’s written interpretations and clarifications issued on or after the 227 effective date of the contract. 228

Contract Item (Pay Item) - A specific unit of work for which there is a price in the 230 contract. 231

Contract Modification (Modification) - A change order that is mutually agreed to 233 and signed by the parties to the contract. 234

Contract Price - The amount designated on the face of the contract for the 236 performance of work. 237

Contract Time (or Contract Duration) - The number of calendar or working days 239 provided for completion of the contract, inclusive of authorized time extensions. 240

Contract time shall commence on the Start Work Date and end on the Substantial 241

Completion Date. If in lieu of providing a number of calendar or working days, the 242 contract requires completion by a certain date, the work shall be completed by that 243 date. 244

Contracting Officer - See Engineer. 246

Contractor - Any individual, partnership, firm, corporation, joint venture, or other 248 legal entity undertaking the execution of the work under the terms of the contract 249 with the State. 250

Critical Path - Longest logical sequence of activities that must be completed on 252 schedule for the entire project to be completed on schedule. 253

Day - Any day shown on the calendar, beginning at midnight and proceeding up 255 to, but not including, midnight the following day. If no designation of calendar or 256 working day is made, "day" shall mean calendar day. 257

Department - The Department of Transportation of the State of Hawaii 259

(abbreviated HDOT). 260

Director - The Director of the HDOT acting directly or through duly authorized 262 representatives. 263

Plans (or Drawings) - The contract drawings in graphic or pictorial form including 265 the notes, tables and other notations thereon indicating the design, location, 266 character, dimensions, and details of the work. 267

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Engineer - The Highway Administrator, Highways Division, HDOT, or the 269 authorized person delegated to act on the Administrator’s behalf. 270

Equipment - All machinery, tools, and apparatus needed to complete the contract. 272

Field Order - A written order issued by the Engineer or the Engineer’s authorized 274 representative to the Contractor requiring a change or changes to the contract 275 work. A field order may (1) establish a price adjustment or time adjustment; or (2) 276 may declare that no adjustment will be made to contract price or contract time; or 277

(3) may request the Contractor to submit a proposal for an adjustment to the 278 contract price or contract time. 279

Final Acceptance - The Status of the project when the Engineer finds that the 281

Contractor has satisfactorily completed all contract work in compliance with the 282 contract including all plant establishment requirements, and all the materials have 283 been accepted by the State. 284

Final Completion - The date set by the Director that all work required by the 286 contract has been completed in full compliance with the contract documents. 287

Final Inspection - Inspection where all contract items (with the exception of 289

Planting Period and Plant Establishment Period) are accepted by the Engineer. 290

Substantial Completion will be issued by the Engineer based on the satisfactory 291 results of the Final Inspection. 292

Float - The amount of time between when an activity can start and when an activity 294 must start, i.e., the time available to complete non-critical activities required for the 295 performance of the work without affecting the critical path. 296

Guarantee - Legally enforceable assurance of the duration of satisfactory 298 performance of quality of a product or work. 299

Hawaii Administrative Rules - Rules adopted by the State in accordance with 301

Chapter 91 of the Hawaii Revised Statutes, as amended. 302

Hawaii eProcurement System (HIePRO) – The State of Hawaii eProcurement 304

System for issuing solicitations, receiving proposal and responses, and issuing 305 notices of award. 306

Highway (Street, Road, or Roadway) - A public way within a right-of-way 308 designed, intended, and set aside for use by vehicles, bicyclists, or pedestrians. 309

Highways Division - The Highways Division of the Hawaii Department of 311

Transportation constituted under the laws of Hawaii for the administration of 312 highway work. 313

101-8a 5/6/2021

Holidays - The days of each year which are set apart and established as State 315 holidays pursuant to Chapter 8 of the Hawaii Revised Statutes, as amended. 316

Inspector - The Engineer's authorized representative assigned to make detailed 318 inspections of contract performance, prescribed work, and materials supplied. 319

Laboratory - The testing laboratory of the Highways Division or other testing 321 laboratories that may be designated by the Engineer. 322

Laws - All Federal, State, and local laws, executive orders and regulations having 324 the force of law. 325

Leveling Course - An aggregate mixture course of variable thickness used to 327 restore horizontal and vertical uniformity to existing pavements or shoulders. 328

Liquidated Damages - The amount prescribed in Subsection 108.08 - Liquidated 330

Damages for Failure to Complete the Work or Portions of the Work on Time, to be 331 paid to the State or to be deducted from any payments payable to or, which may 332 become payable to the Contractor. 333

Lump Sum (LS) - When used as a payment method means complete payment 335 for the item of work described in the contract documents. 336

Material - Any natural or manmade substance or item specified in the contract to 338 be incorporated in the work. 339

Notice to Bidders - The advertisement for proposals for all work or materials on 341 which bids are required. Such advertisement will indicate the location of the work 342 to be done or the character of the material to be furnished and the time and place 343 for the opening of proposals. 344

Notice to Proceed - Written notice from the Engineer to the Contractor identifying 346 the date on which the Contractor is to begin procuring materials and required 347 permits and adjusting work forces, equipment, schedules, etc. prior to beginning 348 physical work. 349

Pavement - The uppermost layer of material placed on the traveled way or 351 shoulders or both. Pavement and surfacing may be interchangeable. 352

Pavement Structure - The combination of subbase, base, pavement, surfacing or 354 other specified layer of a roadway constructed on a subgrade to support the traffic 355 load. 356

Payment Bond - The security executed by the Contractor and surety or sureties 358 furnished to the Department to guarantee payment by the Contractor to laborers, 359 material suppliers and subcontractors in accordance with the terms of the contract. 360

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Physical Work - Physical construction activities on the project site or at 362 appurtenant facilities including staging areas. It includes; (i) building or installing 363 any structures or facilities including, but not limited to sign erection; BMP 364 installation; field office site grading and building; (ii) removal, adjustment, or 365 demolition of physical obstructions on site; (iii) any ground breaking activities; and 366

(iv) any utility work. It does not include pre-construction environmental testing 367

(such as water quality baseline measurements) that may be required as part of 368 contract. 369

Pre-Final Inspection - Inspection scheduled when Contractor notifies Engineer 371 that all physical work on the project, with the exception of planting period and plant 372 establishment period, has been completed. Notice from Contractor of substantial 373 completion will suspend contract time until Contractor receives punchlist from 374

Engineer. 375

Profile Grade - The elevation or gradient of a vertical plane intersecting the top 377 surface of the proposed pavement. 378

Project Acceptance Date - The calendar day on which the Engineer accepts the 380 project as completed. See Final Completion. 381

Proposal (or Bid) - The offer of a Bidder, on the prescribed HDOT form, to perform 383 the work and to furnish the labor and materials at the prices quoted. 384

Public Traffic - Vehicular or pedestrian movement on a public way. 386

Punchlist - A list compiled by the Engineer specifying work yet to be completed or 388 corrected by the Contractor in order to substantially complete the contract. 389

Questionnaire - The specified forms on which the bidder shall furnish required 391 information as to its ability to perform and finance the work. 392

Request for Change Proposal - A written notice from the Engineer to the 394

Contractor requesting that the Contractor provide a price and/or time proposal for 395 contemplated changes preparatory to the issuance of a field order or change order. 396

Right-of-Way - Land, property, or property interests acquired by a government 398 agency for, or devoted to transportation purposes. 399

Roadbed - The graded portion of a highway within top and side slopes, prepared 401 as a foundation for the pavement structure and shoulders. 402

Roadside - The area between the outside edges of the shoulders and the right-of-404 way boundaries. Unpaved median areas between inside shoulders of divided 405 highways and infield areas of interchanges are included. 406

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Section and Subsection - Section or subsection shall be understood to refer to 408 these specifications unless otherwise specified. 409

Shop Drawings - All drawings, diagrams, illustrations, schedules and other data 411 or information which are specifically prepared or assembled by or for the 412

Contractor and submitted by the Contractor to illustrate some portion of the work. 413

Shoulder - The portion of the roadway next to the traveled way for: 415 accommodation of stopped vehicles, placement of underground facilities, 416 emergency use, and lateral support of base and surface courses. 417

Sidewalk - That portion of the roadway primarily constructed for use by 419 pedestrians. 420

Solicitation - An invitation to bid or request for proposals or any other document 422 issued by the Department to solicit bids or offers to perform a contract. The 423 solicitation may indicate the time and place to receive the bids or offers and the 424 location, nature and character of the work, construction or materials to be provided. 425

Specifications - Compilation of provisions and requirements to perform 427 prescribed work. 428

(A) Standard Specifications. Specifications by the State intended for 430 general application and repetitive use. 431

(B) Special Provisions. Revisions and additions to the standard 433 specifications applicable to an individual project. 434

Standard Plans - Drawings provided by the State for specific items of work 436 approved for repetitive use. 437

State - The State of Hawaii, its Departments and agencies, acting through its 439 authorized representative(s). 440

State Waters – All waters, fresh, brackish, or salt, around and within the State, 442 including, but not limited to, coastal waters, streams, rivers, drainage ditches, 443 ponds, reservoirs, canals, ground waters, and lakes; provided that drainage 444 ditches, ponds, and reservoirs required as a part of a water pollution control system 445 are excluded. 446

Start Work Date - Date on which Contractor begins physical work on the contract. 448

This date shall also be the beginning of Contract Time. 449

Structures - Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing, 451 manholes, endwalls, buildings, sewers, service pipes, underdrains, foundation 452 drains, and other such features that may be encountered in the work. 453

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Subbase - A layer of specified material of specified thickness between the 455 subgrade and a base. 456

Subcontract - Any written agreement between the Contractor and its 458 subcontractors which contains the conditions under which the subcontractor is to 459 perform a portion of the work for the Contractor. 460

Subcontractor - An individual, partnership, firm, corporation, joint venture or other 462 legal entity, as licensed or required to be licensed under Chapter 444, Hawaii 463

Revised Statutes, as amended, which enters into an agreement with the 464

Contractor to perform a portion of the work. 465

Subgrade - The top surface of completed earthwork on which subbase, base, 467 surfacing, pavement, or a course of other material is to be placed. 468

Substantial Completion - The Status of the project when the Contractor has 470 completed the work, except for the planting period and plant establishment period, 471 and each of the following requirements are met: 472

(1) All traffic lanes (including shoulders, ramps, sidewalks and bike 474 paths) are in their final configuration as designed and the final 475 wearing surface has been installed; 476

(2) All operational and safety devices have been installed in accordance 478 with the contract documents including guardrails, end treatments, 479 traffic barriers, required signs and pavement markings, drainage, 480 parapet, and bridge and pavement structures; 481

(3) All required illumination and lighting for normal and safe use and 483 operation is installed and functional in accordance with the contract 484 documents; 485

(4) All utilities and services are connected and working; 487

(5) The need for temporary traffic controls or lane closures at any time 489 has ceased, except for lane closures required for routine 490 maintenance; 491

(6) The building, structure, improvement or facility can be used for its 493 intended purpose. 494

Substantial Completion Date - The date the Substantial Completion is granted 496 by the Engineer in Writing and Contract Time stops. 497

Superintendent - The employee of the Contractor who is responsible for all the 499 work and is a Contractor’s agent for communications to and from the State. 500

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Surety - The qualified individual, firm or corporation other than the Contractor, 502 which executes a bond with and for the Contractor to insure its acceptable 503 performance of the contract. 504

Surfacing - The uppermost layer of material placed on the traveled way or 506 shoulders. This term is used interchangeably with pavement. 507

Traveled Way - The portion of the roadway for the movement of vehicles, 509 exclusive of shoulders. 510

Unsuitable Material - Materials that contain organic matter, muck, humus, peat, 512 sticks, debris, chemicals, toxic matter, or other deleterious materials not suitable 513 for use in earthwork. 514

Utility - A line, facility, or system for producing, transmitting, or distributing 516 communications, power, electricity, heat, gas, oil, water, steam, waste, or storm 517 water. 518

Utility Owner - The entity, whether private or owned by a State, Federal, or County 520 governmental body, that has the power and responsibility to grant approval for, or 521 undertake construction work involving a particular utility. 522

Water Pollutant - Dredged spoil, solid refuse, incinerator residue, sewage, 524 garbage, sewage sludge, munitions, chemical waste, biological materials, 525 radioactive materials, heat, wrecked or discarded equipment, rock, sand, soil, 526 sediment, cellar dirt and industrial, municipal, and agricultural waste. 527

Water Pollution - (1) Such contamination or other alteration of the physical, 529 chemical, or biological properties of any state waters, including change in 530 temperature, taste, color, turbidity, or odor of the waters, or (2) Such discharge of 531 any liquid, gaseous, solid, radioactive, or other substances into any state waters, 532 as will or is likely to create a nuisance or render such waters unreasonably harmful, 533 detrimental, or injurious to public health, safety, or welfare, including harm, 534 detriment, or injury to public water supplies, fish and aquatic life and wildlife, 535 recreational purposes and agricultural and industrial research and scientific uses 536 of such waters or as will or is likely to violate any water quality standards, effluent 537 standards, treatment and pretreatment standards, or standards of performance for 538 new sources adopted by the Department of Health. 539

Work - The furnishing of all labor, material, equipment, and other incidentals 541 necessary or convenient for the successful execution of all the duties and 542 obligations imposed by the contract. 543

Working Day - A calendar day in which a Contractor is capable of working four or 545 more hours with its normal work force, exclusive of: 546

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(1) Saturdays, Sundays, and recognized legal State holidays and such 548 other days specified by the contract documents as non-working days, 549

(2) Day in which the Engineer suspends work for four or more hours 551 through no fault of the Contractor.” 552

END OF SECTION 101 557

3400-01-20R 102-1a 8/19/22

Make this section a part of the Standard Specifications:

“SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS

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

In accordance with HRS Chapter 103D-310, the Department may require any prospective bidder to submit answers to questions contained in the 'Standard Qualification Questionnaire For Prospective Bidders On Public Works Contracts' furnished by the Department, properly executed and notarized, setting forth a complete statement of the experience of such prospective bidder and its organization in performing similar work and a statement of the equipment proposed to be used, together with adequate proof of the availability of such equipment.

Whenever it appears to the Department, from answers to the questionnaire or otherwise, that the prospective bidder is not fully qualified and able to perform the intended work, the Department will, after affording the prospective bidder an opportunity to be heard and if still of the opinion that the bidder is not fully qualified to perform the work, refuse to receive or consider any bid offered by the prospective bidder. All information contained in the answers to the questionnaire shall be kept confidential. Questionnaire so submitted shall be returned to the bidders after serving their purpose.

No person, 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 payments owed to the State or its political subdivisions or is in default as a surety or failure to do faithfully and diligently previous contracts with the State.

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

(1) The location,

(2) Description of the proposed work,

(3) The approximate quantities,

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

(5) A schedule of items, and

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

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Papers bound with or attached to the proposal form are part of the proposal.

The bidder shall not detach or alter the papers bound with or attached to the proposal when the bidder submits its proposal through HIePRO.

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

102.03 (Unassigned)

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

(1) Actual quantities of work done and accepted, not the estimated quantities; or

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

The Department may increase, decrease, or omit each scheduled quantities of work to be done and materials to be furnished. When the Department increases or decreases the estimated quantity of a contract item by more than 15% the Department will make payment for such items in accordance with Subsection

104.06 - Methods of Price Adjustment.

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

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

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

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

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

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

Also, the bidder warrants that the bidder has examined the site of the work.

From its investigations, the bidder acknowledges satisfaction on:

(1) The nature and location of the work;

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

(3) The difficulties to be encountered; and

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

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

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

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

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

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

(3) The lump sum amount; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) A deposit of legal tender; or

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

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

(a) The bidder may use these instruments only to a maximum of $100,000.

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

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

(d) If bidder elects options (1) or (3) above for its bid security, said bid security shall be in its original form and shall be submitted before the bid deadline to the Contract Office, Department of Transportation, Aliiaimoku Hale, 869 Punchbowl Street, Room 103, Honolulu, Hawaii 96813. Original surety bid bonds do not need to be submitted to the Contracts Office.

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

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

102.09 Delivery of Proposal. Bidders shall submit and upload the complete proposal to HIePRO prior to the bid opening date and time.

Proposals received after said due date and time shall not be considered. Any

102-6a 8/19/22 additional support documents explicitly designated as confidential and/or proprietary shall be uploaded as a separate file to HIePRO. Bidders shall not include confidential and/or proprietary documents with the proposal. The record of each bidder and respective bid shall be open to public inspection.

Original (wet ink, hard copy) proposal documents are not required to be submitted. Contract award shall be based on evaluation of proposals submitted and uploaded to HIePRO.

FAILURE TO UPLOAD THE COMPLETE PROPOSAL TO HIePRO SHALL BE

GROUNDS FOR REJECTION OF THE BID.

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

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

102.11 Public Opening of Proposals. Not applicable.

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

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

(2) Evidence of collusion among bidders. The Department will not recognize participants in collusion as bidders for any future work of the Department until such participants are reinstated as qualified bidders.

(3) Lack of proposal guaranty.

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

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

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

102.07 - Irregular Proposals.

(7) Evidence of assistance from a person who has been an employee of the agency within the preceding two years and who participated while in State office or employment in the matter with which the contract is directly concerned, pursuant to HRS Chapter 84-15.

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(8) Suspended or debarred in accordance with HRS Chapter 104-25.

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

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

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

102.14 Substitution of Materials and Equipment Before Bid Opening.

See Subsection 106.13 for Substitution Of Materials and Equipment After Bid Opening.

(A) General. When brand names of materials or equipment are specified in the contract documents, they are to indicate a quality, style, appearance, or performance and not to limit competition. The bidder shall base its bid on one of the specified brand names unless alternate brands are qualified as equal or better in an addendum. As specified in the Notice to Bidders, all requests shall be posted as a question in HIePRO under the “Question and Answer” tab. Supporting documents for specific request shall be emailed to the Project Manager specified in the Notice to Bidders.

Request must be posted in HIePRO and supporting documents received by the Project Manager no later than fourteen (14) calendar days before the bid opening date.

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

(B) Statement of Variances. The statement of variances must list all features of the proposed substitution that differ from the contract documents and must further certify that the substitution has no other variant features.

The brochure and information submitted shall be clearly marked showing make, model, size, options, and any other features requested by the Engineer and must include sufficient evidence to evaluate each feature listed as a variance. A request will be denied if submitted without sufficient evidence. If after installing the substituted product, an unlisted variance is discovered, the Contractor shall immediately replace the product with a specified product at no increase in contract price and contract time.

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

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102.15 Preferences.

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

(B) Preferences for Apprenticeship Programs.