STATE OF HAWAII

DEPARTMENT OF TRANSPORTATION

HIGHWAYS DIVISION

HONOLULU, HAWAII

SPECIAL PROVISIONS

PROPOSAL

CONTRACT AND BOND

FOR

SIGN REPLACEMENT

AT VARIOUS LOCATIONS

PROJECT NO. HWY-OM-2027-47

ISLAND OF OAHU

FY 2027

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NOTICE TO BIDDERS

Hawaii Revised Statutes (HRS), Chapter 103D

The receiving of bids for SIGN REPLACEMENT AT VARIOUS LOCATIONS, ISLAND OF OAHU, PROJECT NO. HWY-OM-2027-47, will begin as of the HIePRO

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

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

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

HIePRO OFFER DUE DATE AND TIME is August 14, 2026, at 2:00 p.m., Hawaii

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

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

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

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

Contractors "C-14" license at the time of bidding.

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A virtual pre-bid conference is scheduled for July 29, 2026, at 10:00 a.m. HST.

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

All Request for Information (RFI) questions and Substitution Requests shall be submitted in HIePRO no later than July 31, 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 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 80 percent of the bidder's work force on this project shall consist of Hawaii residents.

Campaign contributions by State and County Contractors. Contractors are hereby

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notified of the applicability of HRS § 11-355 which states that campaign contributions are prohibited from specified State or county government contractors during the term of the contract if the contractors are paid with funds appropriated by a legislative body. For more information, contact the Campaign Spending Commission at (808) 586-0285.

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

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

The Equal Employment Opportunity Regulations of the Secretary of Labor implementing

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

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

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

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

23 CFR 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.

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

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

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

ROBIN K. SHISHIDO

Deputy Director of Transportation for Highways

HIePRO RELEASE DATE: July 24, 2026

HWY-OM-2027-47

-1- 7/21/26

TABLE OF CONTENTS

Instructions for Contractor’s Licensing

Special Provisions Title Page

Special Provisions

DIVISION 100 - GENERAL PROVISIONS

Section Description Pages

101 Terms, Abbreviations, and Definitions 101-1a – 101-13a 102 Bidding Requirements and Conditions 102-1a – 102-13a 103 Award And Execution of Contract 103-1a – 103-5a 104 Scope of Work 104-1a – 104-3a 105 Control of Work 105-1a – 105-2a 106 Material Restrictions and Requirements 106-1a 107 Legal Relations and Responsibility to Public 107-1a – 107-4a 108 Prosecution and Progress 108-1a – 108-25a 109 Measurement and Payment 109-1a – 109-2a 110 Sign Replacement at Various Locations 110-1a – 110-7a

DIVISION 600 - INCIDENTAL CONSTRUCTION

621 Invasive Species Management 621-1a – 621-13a 630 Traffic Control Guide Signs 630-1a – 630-3a

631 Traffic Control Regulatory, Warning, and Miscellaneous Signs

631-1a – 631-2a

632 Markers 632-1a 645 Work Zone Traffic Control 645-1a – 645-18a 671 Protection of Endangered Species 671-1a – 671-6a

DIVISION 700 - MATERIALS

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

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

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

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

-2- 7/21/26

Proposal Title Page

Proposal ……………………………………………………………..…… P-1 – P-5 Proposal Schedule ………………………………………..……………. P-6 – P-60

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

Certification of Compliance for Employment of State Residents

END OF TABLE OF CONTENTS

HAI

-1- 9/01/02

INSTRUCTIONS FOR CONTRACTOR’S LICENSING

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

4/26/06

STATE OF HAWAII

DEPARTMENT OF TRANSPORTATION

HIGHWAYS DIVISION

HONOLULU, HAWAII

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

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

101-1a 11/7/25

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

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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

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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 period stipulated, and by which the State of 212 Hawaii is obligated to compensate the Contractor at the prices set forth in the 213 contract 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 PERIOD. 220

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Contract Documents - The contract, solicitation, addenda, notice to bidders, 222 Contractor’s bid proposal (including wage schedule, list of subcontractors 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 Period - The number of months provided for completion of the contract, 236 inclusive of authorized time extensions. Contract time shall commence on the 237 Notice to Proceed Date. 238 Contract Price - The amount designated on the face of the contract for the 240 performance of work. 241 Contract Time (or Contract Duration) - The number of calendar or working days 243 provided for completion of a work order, inclusive of authorized time extensions. 244 Contract time shall commence on the Start Work Date and end on the Substantial 245 Completion Date. If in lieu of providing a number of calendar or working days, the 246 work order requires completion by a certain date, the work shall be completed by 247 that date. 248 Contracting Officer - See Engineer. 250 Contractor - Any individual, partnership, firm, corporation, joint venture, or other 252 legal entity undertaking the execution of the work under the terms of the contract 253 with the State. 254 Critical Path - Longest logical sequence of activities that must be completed on 256 schedule for the entire project to be completed on schedule. 257 Day - Any day shown on the calendar, beginning at midnight and proceeding up 259 to, but not including, midnight the following day. If no designation of calendar or 260 working day is made, "day" shall mean calendar day. 261 Department - The Department of Transportation of the State of Hawaii 263 (abbreviated HDOT). 264 Director - The Director of the HDOT acting directly or through duly authorized 266 representatives. 267

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Plans (or Drawings) - The contract drawings in graphic or pictorial form including 269 the notes, tables and other notations thereon indicating the design, location, 270 character, dimensions, and details of the work. 271 Engineer - The Highway Administrator, Highways Division, HDOT, or the 273 authorized person delegated to act on the Administrator’s behalf. 274 Equipment - All machinery, tools, and apparatus needed to complete the contract. 276 Field Order - A written order issued by the Engineer or the Engineer’s authorized 278 representative to the Contractor requiring a change or changes to the contract 279 work. A field order may (1) establish a price adjustment or time adjustment; or (2) 280 may declare that no adjustment will be made to contract price or contract time; or 281

(3) may request the Contractor to submit a proposal for an adjustment to the 282 contract price or contract time. 283 Final Acceptance - The Status of the project when the Engineer finds that the 285 Contractor has satisfactorily completed all contract work in compliance with the 286 contract including all plant establishment requirements, and all the materials have 287 been accepted by the State. 288 Final Completion - The date set by the Director that all work required by the 290 contract has been completed in full compliance with the contract documents. 291 Final Inspection - Inspection where all contract items (with the exception of 293 Planting Period and Plant Establishment Period) are accepted by the Engineer. 294 Substantial Completion will be issued by the Engineer based on the satisfactory 295 results of the Final Inspection. 296 Float - The amount of time between when an activity can start and when an activity 298 must start, i.e., the time available to complete non-critical activities required for the 299 performance of the work without affecting the critical path. 300 Guarantee - Legally enforceable assurance of the duration of satisfactory 302 performance of quality of a product or work. 303 Hawaii Administrative Rules - Rules adopted by the State in accordance with 305 Chapter 91 of the Hawaii Revised Statutes, as amended. 306 Hawaii eProcurement System (HIePRO) - The State of Hawaii eProcurement 308 System for issuing solicitations, receiving proposals and responses, and issuing 309 notices of award. 310 Highway (Street, Road, or Roadway) - A public way within a right-of-way 312 designed, intended, and set aside for use by vehicles, bicyclists, or pedestrians. 313

101-8a 11/7/25

Highways Division - The Highways Division of the Hawaii Department of 315 Transportation constituted under the laws of Hawaii for the administration of 316 highway work. 317 Holidays - The days of each year which are set apart and established as State 319 holidays pursuant to Chapter 8 of the Hawaii Revised Statutes, as amended. 320 Inspector - The Engineer's authorized representative assigned to make detailed 322 inspections of contract performance, prescribed work, and materials supplied. 323 Laboratory - The testing laboratory of the Highways Division or other testing 325 laboratories that may be designated by the Engineer. 326 Laws - All Federal, State, and local laws, executive orders and regulations having 328 the force of law. 329 Leveling Course - An aggregate mixture course of variable thickness used to 331 restore horizontal and vertical uniformity to existing pavements or shoulders. 332 Liquidated Damages - The amount prescribed in Subsection 108.08 - Liquidated 334 Damages for Failure to Complete the Work or Portions of the Work on Time, to be 335 paid to the State or to be deducted from any payments payable to or, which may 336 become payable to the Contractor. 337 Lump Sum (LS) - When used as a payment method means complete payment 339 for the item of work described in the contract documents. 340 Material - Any natural or manmade substance or item specified in the contract to 342 be incorporated in the work. 343 Notice to Bidders - The advertisement for proposals for all work or materials on 345 which bids are required. Such advertisement will indicate the location of the work 346 to be done or the character of the material to be furnished and the time and place 347 for the opening of proposals. 348 Notice to Proceed - Written notice from the Engineer to the Contractor identifying 350 the date on which the Contractor is to begin procuring materials and required 351 permits and adjusting work forces, equipment, schedules, etc. prior to beginning 352 physical work. 353 Pavement - The uppermost layer of material placed on the traveled way or 355 shoulders or both. Pavement and surfacing may be interchangeable. 356 Pavement Structure - The combination of subbase, base, pavement, surfacing or 358 other specified layer of a roadway constructed on a subgrade to support the traffic 359 load. 360

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Payment Bond - The security executed by the Contractor and surety or sureties 362 furnished to the Department to guarantee payment by the Contractor to laborers, 363 material suppliers and subcontractors in accordance with the terms of the contract. 364 Physical Work - Physical construction activities on the project site or at 366 appurtenant facilities including staging areas. It includes; (i) building or installing 367 any structures or facilities including, but not limited to sign erection; BMP 368 installation; field office site grading and building; (ii) removal, adjustment, or 369 demolition of physical obstructions on site; (iii) any ground breaking activities; and 370

(iv) any utility work. It does not include pre-construction environmental testing 371 (such as water quality baseline measurements) that may be required as part of 372 contract. 373 Pre-Final Inspection - Inspection scheduled when Contractor notifies Engineer 375 that all physical work on the project, with the exception of planting period and plant 376 establishment period, has been completed. Notice from Contractor of substantial 377 completion will suspend contract time until Contractor receives punchlist from 378 Engineer. 379 Profile Grade - The elevation or gradient of a vertical plane intersecting the top 381 surface of the proposed pavement. 382 Project Acceptance Date - The calendar day on which the Engineer accepts the 384 project as completed. See Final Completion. 385 Proposal (or Bid) - The offer of a Bidder, on the prescribed HDOT form, to perform 387 the work and to furnish the labor and materials at the prices quoted. 388 Public Traffic - Vehicular or pedestrian movement on a public way. 390 Punchlist - A list compiled by the Engineer specifying work yet to be completed or 392 corrected by the Contractor in order to substantially complete the contract. 393 Questionnaire - The specified forms on which the bidder shall furnish required 395 information as to its ability to perform and finance the work. 396 Request for Change Proposal - A written notice from the Engineer to the 398 Contractor requesting that the Contractor provide a price and/or time proposal for 399 contemplated changes preparatory to the issuance of a field order or change order. 400 Right-of-Way - Land, property, or property interests acquired by a government 402 agency for, or devoted to transportation purposes. 403 Roadbed - The graded portion of a highway within top and side slopes, prepared 405 as a foundation for the pavement structure and shoulders. 406

101-10a 11/7/25

Roadside - The area between the outside edges of the shoulders and the right-of-408 way boundaries. Unpaved median areas between inside shoulders of divided 409 highways and infield areas of interchanges are included. 410 Section and Subsection - Section or subsection shall be understood to refer to 412 these specifications unless otherwise specified. 413 Shop Drawings - All drawings, diagrams, illustrations, schedules and other data 415 or information which are specifically prepared or assembled by or for the 416 Contractor and submitted by the Contractor to illustrate some portion of the work. 417 Shoulder - The portion of the roadway next to the traveled way for: 419 accommodation of stopped vehicles, placement of underground facilities, 420 emergency use, and lateral support of base and surface courses. 421 Sidewalk - That portion of the roadway primarily constructed for use by 423 pedestrians. 424 Solicitation - An invitation to bid or request for proposals or any other document 426 issued by the Department to solicit bids or offers to perform a contract. The 427 solicitation may indicate the time and place to receive the bids or offers and the 428 location, nature and character of the work, construction or materials to be provided. 429 Specifications - Compilation of provisions and requirements to perform 431 prescribed work. 432

(A) Standard Specifications. Specifications by the State intended for 434 general application and repetitive use. 435

(B) Special Provisions. Revisions and additions to the standard 437 specifications applicable to an individual project. 438

Standard Plans - Drawings provided by the State for specific items of work 440 approved for repetitive use. 441 State - The State of Hawaii, its Departments and agencies, acting through its 443 authorized representative(s). 444 State Waters – All waters, fresh, brackish, or salt, around and within the State, 446 including, but not limited to, coastal waters, streams, rivers, drainage ditches, 447 ponds, reservoirs, canals, ground waters, and lakes; provided that drainage 448 ditches, ponds, and reservoirs required as a part of a water pollution control system 449 are excluded. 450 Start Work Date - Date on which Contractor begins physical work on the contract. 452 This date shall also be the beginning of Contract Time. 453

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Structures - Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing, 455 manholes, endwalls, buildings, sewers, service pipes, underdrains, foundation 456 drains, and other such features that may be encountered in the work. 457 Subbase - A layer of specified material of specified thickness between the 459 subgrade and a base. 460 Subcontract - Any written agreement between the Contractor and its 462 subcontractors which contains the conditions under which the subcontractor is to 463 perform a portion of the work for the Contractor. 464 Subcontractor - An individual, partnership, firm, corporation, joint venture, or 466 other legal entity, as licensed or required to be licensed under Chapter 444, Hawaii 467 Revised Statutes, as amended, which enters into an agreement with the 468 Contractor to perform a portion of the work. 469 Subgrade - The top surface of completed earthwork on which subbase, base, 471 surfacing, pavement, or a course of other material is to be placed. 472 Substantial Completion - The Status of the project when the Contractor has 474 completed the work, except for the planting period and plant establishment period, 475 and each of the following requirements are met: 476

(1) All traffic lanes (including shoulders, ramps, sidewalks and bike 478 paths) are in their final configuration as designed and the final 479 wearing surface has been installed; 480

(2) All operational and safety devices have been installed in accordance 482 with the contract documents including guardrails, end treatments, 483 traffic barriers, required signs and pavement markings, drainage, 484 parapet, and bridge and pavement structures; 485

(3) All required illumination and lighting for normal and safe use and 487 operation is installed and functional in accordance with the contract 488 documents; 489

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

(5) The need for temporary traffic controls or lane closures at any time 493 has ceased, except for lane closures required for routine 494 maintenance; 495

(6) The building, structure, improvement or facility can be used for its 497 intended purpose. 498 Substantial Completion Date - The date the Substantial Completion is granted 500 by the Engineer in Writing and Contract Time stops. 501

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Superintendent - The employee of the Contractor who is responsible for all the 503 work and is a Contractor’s agent for communications to and from the State. 504 Surety - The qualified individual, firm or corporation other than the Contractor, 506 which executes a bond with and for the Contractor to insure its acceptable 507 performance of the contract. 508 Surfacing - The uppermost layer of material placed on the traveled way or 510 shoulders. This term is used interchangeably with pavement. 511 Traveled Way - The portion of the roadway for the movement of vehicles, 513 exclusive of shoulders. 514 Unsuitable Material - Materials that contain organic matter, muck, humus, peat, 516 sticks, debris, chemicals, toxic matter, or other deleterious materials not suitable 517 for use in earthwork. 518 Utility - A line, facility, or system for producing, transmitting, or distributing 520 communications, power, electricity, heat, gas, oil, water, steam, waste, or storm 521 water. 522 Utility Owner - The entity, whether private or owned by a State, Federal, or County 524 governmental body, that has the power and responsibility to grant approval for, or 525 undertake construction work involving a particular utility. 526 Water Pollutant - Dredged spoil, solid refuse, incinerator residue, sewage, 528 garbage, sewage sludge, munitions, chemical waste, biological materials, 529 radioactive materials, heat, wrecked or discarded equipment, rock, sand, soil, 530 sediment, cellar dirt and industrial, municipal, and agricultural waste. 531 Water Pollution - (1) Such contamination or other alteration of the physical, 533 chemical, or biological properties of any state waters, including change in 534 temperature, taste, color, turbidity, or odor of the waters, or (2) Such discharge of 535 any liquid, gaseous, solid, radioactive, or other substances into any state waters, 536 as will or is likely to create a nuisance or render such waters unreasonably harmful, 537 detrimental, or injurious to public health, safety, or welfare, including harm, 538 detriment, or injury to public water supplies, fish and aquatic life and wildlife, 539 recreational purposes and agricultural and industrial research and scientific uses 540 of such waters or as will or is likely to violate any water quality standards, effluent 541 standards, treatment and pretreatment standards, or standards of performance for 542 new sources adopted by the Department of Health. 543 Work - The furnishing of all labor, material, equipment, and other incidentals 545 necessary or convenient for the successful execution of all the duties and 546 obligations imposed by the contract. 547

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Working Day - A calendar day in which a Contractor is capable of working four or 549 more hours with its normal work force, exclusive of: 550

(1) Saturdays, Sundays, and recognized legal State holidays and such 552 other days specified by the contract documents as non-working days, 553

(2) Day in which the Engineer suspends work for four or more hours 555 through no fault of the Contractor.” 556

END OF SECTION 101 561

102-1a 7/22/26

Make this section a part of the Standard Specifications: 1

“SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS 3

102.01 Prequalification of Bidders. Prospective bidders shall be capable of 6 performing the work for which they are bidding. 7

In accordance with HRS Chapter 103D-310, the Department may require 9 any prospective bidder to submit answers to questions contained in the 'Standard 10 Qualification Questionnaire For Prospective Bidders On Public Works Contracts' 11 furnished by the Department, properly executed and notarized, setting forth a 12 complete statement of the experience of such prospective bidder and its 13 organization in performing similar work and a statement of the equipment proposed 14 to be used, together with adequate proof of the availability of such equipment. 15 Whenever it appears to the Department, from answers to the questionnaire or 16 otherwise, that the prospective bidder is not fully qualified and able to perform the 17 intended work, the Department will, after affording the prospective bidder an 18 opportunity to be heard and if still of the opinion that the bidder is not fully qualified 19 to perform the work, refuse to receive or consider any bid offered by the 20 prospective bidder. All information contained in the answers to the questionnaire 21 shall be kept confidential. Questionnaire so submitted shall be returned to the 22 bidders after serving their purpose. 23

No person, firm or corporation may bid where (1) the person, firm, or 25 corporation, or (2) a corporation owned substantially by the person, firm, or 26 corporation, or (3) a substantial stockholder or an officer of the corporation, or (4) 27 a partner or substantial investor in the firm is in arrears in payments owed to the 28 State or its political subdivisions or is in default as a surety or failure to do faithfully 29 and diligently previous contracts with the State. 30

102.02 Contents of Proposal Forms. The Department will furnish prospective 32 bidders with proposal forms posted in HIePRO stating: 33

(1) The location, 35

(2) Description of the proposed work, 37

(3) The approximate quantities, 39

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

(5) A schedule of items, and 43

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

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Papers bound with or attached to the proposal form are part of the proposal. 47 The bidder shall not detach or alter the papers bound with or attached to the 48 proposal when the bidder submits its proposal through HIePRO. 49

Also, the bidder shall consider other documents including the plans and 51 specifications a part of the proposal form whether attached or not. 52

102.03 (Unassigned) 54

102.04 Estimated Quantities. The quantities shown in the contract are 56 approximate and are for the comparison of bids only. The actual quantity of work 57 may not correspond with the quantities shown in the contract. The Department will 58 make payment to the Contractor for unit price items in accordance with the contract 59 for only the following: 60

(1) Actual quantities of work done and accepted, not the estimated 62 quantities; or 63

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

The Department may increase, decrease, or omit each scheduled 67 quantities of work to be done and materials to be furnished. When the Department 68 increases or decreases the estimated quantity of a contract item by more than 15% 69 the Department will make payment for such items in accordance with Subsection 70

104.06 - Methods of Price Adjustment. 71

102.05 Examination of Contract and Site of Work. The bidder shall 73 examine carefully the site of the proposed work and contract before submitting a 74 proposal. 75

By the act of submitting a bid for the proposed contract, the bidder warrants 77 that: 78

(1) The bidder and its Subcontractors have reviewed the contract 80 documents and found them free from ambiguities and sufficient for the 81 purpose intended; 82

(2) The bidder and its workers, employees and subcontractors have the 84 skills and experience in the type of work required by the contract documents 85 bid upon; 86

(3) Neither the bidder nor its employees, agents, suppliers or 88 subcontractors have relied upon verbal representations from the 89 Department, its employees or agents, including architects, engineers or 90 consultants, in assembling the bid figure; and 91

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(4) The basis for the bid figure is solely on the construction contract 92 documents. 93 Also, the bidder warrants that the bidder has examined the site of the work. 95

From its investigations, the bidder acknowledges satisfaction on: 96

(1) The nature and location of the work; 98

(2) The character, quality, and quantity of materials; 100

(3) The difficulties to be encountered; and 102

(4) The kind and amount of equipment and other facilities needed. 104

Subsurface information or hydrographic survey data furnished are for the 106 bidders' convenience only. The data and information furnished are the product of 107 the Department's interpretation gathered in investigations made at the specific 108 locations. These conditions may not be typical of conditions at other locations 109 within the project area or that such conditions remain unchanged. Also, conditions 110 found at the time of the subsurface explorations may not be the same conditions 111 when work starts. The bidder shall be solely responsible for assumptions, 112 deductions, or conclusions the bidder may derive from the subsurface information 113 or data furnished. 114

If the Engineer determines that the natural conditions differ from that 116 originally anticipated or contemplated by the Contractor in the items of excavation, 117 the State may treat the difference in natural conditions, as falling within the 118 meaning of Subsection 104.02 – Changes. 119

102.06 Preparation of Proposal. The submittal of its proposal shall be on 121 forms furnished by the Department. The bidder shall specify in words or figures: 122

(1) A unit price for each pay item with a quantity given; 124

(2) The products of the respective unit prices and quantities; 126

(3) The lump sum amount; and 128

(4) The total amount of the proposal obtained by adding the amounts of 130 the several items. 131 The words and figures shall be in ink or typed. If a discrepancy occurs 133 between the prices written in words and those written in figures, the prices written 134 in words shall govern. 135

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When an item in the proposal contains an option to be made, the bidder 137 shall choose in accordance with the contract for that particular item. Determination 138 of an option will not permit the Contractor to choose again. 139

The bidder shall sign the proposal properly in ink. A duly authorized 141 representatives of the bidder or by an agent of the bidder legally qualified and 142 acceptable to the Department shall sign, including one or more partners of the 143 bidder and one or more representatives of each entity comprising a joint venture. 144

When an agent, other than the officer(s) of a corporation authorized to sign 146 contracts for the corporation or a partner of a partnership, signs the proposals, a 147 ‘Power of Attorney’ shall be on file with the Department or submitted with the 148 proposal. Otherwise, the Department will reject the proposal as irregular and 149 unauthorized. 150

The bidder shall submit acceptable evidence of the authority of the partner, 152 member(s) or officer(s) to sign for the partnership, joint venture, or corporation 153 respectively with the proposal. Otherwise, the Department will reject the proposal 154 as irregular and unauthorized. 155

102.07 Irregular Proposals. The Department may consider proposals 157 irregular and may reject the proposals for the following reasons: 158

(1) The proposal is a form not furnished by the Department, altered, or 160 detached; 161

(2) The proposal contains unauthorized additions, conditions, or 163 alternates. Also, the proposal contains irregularities that may tend to make 164 the proposal incomplete, indefinite, or ambiguous to its meaning; 165

(3) The bidder adds provisions reserving the right to accept or reject an 167 award. Also, the bidder adds provisions into a contract before an award; 168

(4) The proposal does not contain a unit price for each pay item listed 170 except authorized optional pay items; and 171

(5) Prices for some items are out of proportion to the prices for other 173 items. 174

(6) If in the opinion of the Director, the bidder and its listed 176 subcontractors do not have the Contactor’s licenses or combination of 177 Contractor’s licenses necessary to complete the work. 178

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Where the prospective bidder is bidding on multiple projects simultaneously 180 and the proposal limits the maximum gross amount of awards that the bidder can 181 accept at one bid letting, the proposal is not irregular if the limit on the gross 182 amount of awards is clear, and the Department selects the awards that can be 183 given. 184

102.08 Proposal Guaranty. The Department will not consider a proposal 186 of $25,000 or more unless accompanied by: 187

(1) A deposit of legal tender; or 189

(2) A valid surety bid bond, underwritten by a company licensed to issue 191 bonds in the State of Hawaii, in the form and composed, substantially, with 192 the same language as provided herewith and signed by both parties; or 193

(3) A certificate of deposit, share certificate, cashier's check, treasurer's 195 check, teller's check, or official check drawn by, or a certified check 196 accepted by and payable on demand to the State by a bank, savings 197 institution, or credit union insured by the Federal Deposit Insurance 198 Corporation (FDIC) or the National Credit Union Administration (NCUA). 199

(a) The bidder may use these instruments only to a maximum of 201 $100,000. 202

(b) If the required security or bond amount totals over $100,000 204 more than one instrument not exceeding $100,000 each and issued 205 by different financial institutions shall be acceptable. 206

(c) The instrument shall be made payable at sight to the 208 Department. 209

(d) If bidder elects options (1) or (3) above for its bid security, 211 said bid security shall be in its original form and shall be 212 submitted before the bid deadline to the Contract Office, 213 Department of Transportation, Aliiaimoku Hale, 869 Punchbowl 214 Street, Room 103, Honolulu, Hawaii 96813. Original surety bid 215 bonds do not need to be submitted to the Contracts Office. 216 Bidders are reminded that a copy of its surety bid bond shall be 217 included with its bid submitted and uploaded to HIePRO. 218

In accordance with HRS Chapter 103D-323, the above shall be in a sum 220 not less than 5% of the total amount bid per area. 221

102.09 Delivery of Proposal. Bidders shall submit and upload the 223 complete proposal to HIePRO prior to the bid opening date and time. 224 Proposals received after said due date and time shall not be considered. Any 225

102-6a 7/22/26 additional support documents explicitly designated as confidential and/or 226 proprietary shall be uploaded as a separate file to HIePRO. Bidders shall 227 not include confidential and/or proprietary documents with the proposal. 228 The record of each bidder and respective bid shall be open to public 229 inspection. Original (wet ink, hard copy) proposal documents are not required to 230 be submitted. Contract award shall be based on evaluation of proposals 231 submitted and uploaded to HIePRO. 232 FAILURE TO UPLOAD THE COMPLETE PROPOSAL TO HIePRO SHALL BE 234

GROUNDS FOR REJECTION OF THE BID. 235

If there is a conflict between the specification document and the HIePRO 237 solicitation, the specifications shall govern and control, unless otherwise specified. 238

102.10 Withdrawal or Revision of Proposals. Bids may be modified or 240 withdrawn prior to the bid opening date and time. Withdrawal or revision of 241 proposal shall be completed, submitted and uploaded to HIePRO prior to the bid 242 opening date and time. 243

102.11 Public Opening of Proposals. Not applicable. 245

102.12 Disqualification of Bidders. The Department may disqualify a 247 bidder and reject its proposal for the following reasons: 248

(1) Submittal of more than one proposal whether under the same or 250 different name. 251

(2) Evidence of collusion among bidders. The Department will not 253 recognize participants in collusion as bidders for any future work of the 254 Department until such participants are reinstated as qualified bidders. 255

(3) Lack of proposal guaranty. 257

(4) Submittal of an unsigned or improperly signed proposal. 259

(5) Submittal of a proposal without a listing of subcontractors or 261 containing only a partial or incomplete listing of subcontractors. 262

(6) Submittal of an irregular proposal in accordance with Subsection 264

102.07 - Irregular Proposals. 265

(7) Evidence of assistance from a person who has been an employee of 267 the agency within the preceding two years and who participated while in 268 State office or employment in the matter with which the contract is directly 269 concerned, pursuant to HRS Chapter 84-15. 270

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(8) Suspended or debarred in accordance with HRS Chapter 104-25. 272

(9) Failure to complete the prequalification questionnaire, if applicable. 274

(10) Failure to attend the mandatory pre-bid meeting, if applicable. 276

102.13 Material Guaranty. The successful bidder may be required to 278 furnish a statement of the composition, origin, manufacture of materials, and 279 samples. 280

102.14 Substitution of Materials and Equipment Before Bid Opening. 282 See Subsection 106.13 for Substitution of Materials and Equipment After Bid 283 Opening. 284

(A) General. When brand names of materials or equipment are 286 specified in the contract documents, they are to indicate a quality, style, 287 appearance, or performance and not to limit competition. The bidder shall 288 base its bid on one of the specified brand names unless alternate brands 289 are qualified as equal or better in an addendum. As specified in the Notice 290 to Bidders, all requests shall be posted as a question in HIePRO under the 291 “Question and Answer” tab. 292 Supporting documents for specific request shall be emailed to the Project 294 Manager specified in the Notice to Bidders. Request must be posted in 295 HIePRO and supporting documents received by the Project Manager no 296 later than fourteen (14) calendar days before the bid opening date. 297 An addendum will be issued to inform all prospective bidders of any 299 accepted substitution in accordance with Subsection 102.17 – Addenda . 300

(B) Statement of Variances. The statement of variances must list all 302 features of the proposed substitution that differ from the contract documents 303 and must further certify that the substitution has no other variant features. 304 The brochure and information submitted shall be clearly marked showing 305 make, model, size, options, and any other features requested by the 306 Engineer and must include sufficient evidence to evaluate each feature 307 listed as a variance. A request will be denied if submitted without sufficient 308 evidence. If after installing the substituted product, an unlisted variance is 309 discovered, the Contractor shall immediately replace the product with a 310 specified product at no increase in contract price and contract time. 311

(C) Substitution Denial. Any substitution request not complying with 313 the above requirements will be denied. 314

102.15 Preferences. 316

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(A) Preference for Hawaii Products.