Requirements and Specifications - HIePRO - Hawaii.gov

Project Identifier: OPM 22-1-0500 [MJA]

REQUIREMENTS and SPECIFICATIONS

TO CONSTRUCT

ROOF REPAIRS KA`AHUMANU HALE 777 PUNCHBOWL STREET HONOLULU, OAHU, HAWAI‘I 96813 TAX MAP KEY: 2-1-030:003 PROJECT IDENTIFIER: OPM 22-1-0500

FOR THE JUDICIARY STATE OF HAWAI‘I

RODNEY A. MAILE ADMINISTRATIVE DIRECTOR OF THE COURTS THE JUDICIARY - STATE OF HAWAII

April, 2022

Project Identifier: OPM 22-1-0500 Table of Contents 00010 - 1

SECTION 00010 -TABLE OF CONTENTS

DIVISION 0 - INTRODUCTORY, BIDDING AND CONTRACTING REQUIREMENTS

Title Page ..................................................................................................................... 1 Section 00010 Table of Contents.………………………………………............. .............. 1 - 2 Section 00110 Notice to Bidders……............................................................. ............... 1 - 3 Section 00210 Instructions to Bidders……..................................................... .............. 1 - 11 Section 00410 Solicitation, Offer and Contract Form………………................ .............. 1 - 9 Section 00700 General Conditions................................................................. .............. 1 - 122 Section 00800 Special Conditions….............................................................. ............... 1 - 4

DIVISION 1 - GENERAL REQUIREMENTS

Section 01100 Project Requirements............................................................. ............... 1 - 7 Section 01310 Project Management and Coordination.…………................... .............. 1 - 5 Section 01320 Construction Progress Documentation.…………................... ............... 1 - 7 Section 01330 Submittal Procedures.…………................... ......................................... 1 - 4 Section 01575 Temporary Controls - Air Quality Requirements ................................... 1 - 4 Section 01700 Execution Requirements......................................................... .............. 1 - 7 Section 01715 Hazardous Material Survey ................................................................... 1 Section 01718 Asbestos and Lead Paint Survey Report .............................................. 1 - 122 Section 01770 Closeout Procedures............................................................... .............. 1 - 9

DIVISION 2 – SITE CONSTRUCTION

Section 02070 - Selective Demolition ........................................................................... 1 - 8

DIVISION 3 – CONCRETE

DIVISION 4 – MASONRY

DIVISION 5 – METALS

DIVISION 6 – WOOD AND PLASTICS

DIVISION 7 – THERMAL AND MOISTURE PROTECTION

Section 07110 Polyurethane Membrane Waterproofing ............................................... 1 - 15 Section 07113 PMMA Membrane Waterproofing .......................................................... 1 - 9 Section 07220 Roof and Deck Insulation ...................................................................... 1 - 6 Section 07530 Thermoplastic Membrane Roofing ........................................................ 1 - 14 Section 07620 Sheet Metal Flashing and Trim ............................................................. 1 - 6 Section 07920 Joint Sealants ........................................................................................ 1 - 9

DIVISION 8 – DOORS AND WINDOWS

DIVISION 9 – FINISHES

Project Identifier: OPM 22-1-0500 Table of Contents 00010 - 2

DIVISION 10 – SPECIALTIES

DIVISION 11 – EQUIPMENT

DIVISION 12 – FURNISHING

DIVISION 13 – SPECIAL CONSTRUCTION

DIVISION 14 – CONVEYING SYSTEM

DIVISION 15 – MECHANICAL

Section 15400 Facility Storm Drainage ......................................................................... 1 - 4 Section 15700 - Rooftop Mechanical Equipment .......................................................... 1 - 7

DIVISION 16 – ELECTRICAL

END OF SECTION

Project Identifier: OPM 22-1-0500 Notice to Bidders 00110 - 1

NOTICE TO BIDDERS SEALED BIDS (CHAPTER 103D, HRS) FOR:

KA`AHUMANU HALE ROOF REPAIRS

PROJECT IDENTIFIER: OPM 22-1-0500 Will be received electronically on the HIePro website at https://hiepro.ehawaii.gov. The solicitation documents, including the Solicitation, Offer and Contract Forms, drawings and specifications may be obtained in electronic format from the HIePro website at https://hiepro.ehawaii.gov. Prospective bidders are responsible to download bid documents and maintain offer documents on the HIePRO system. Submit the Competitive SOLICITATION, OFFER AND CONTRACT FORM up to 2:00 PM, May 25, 2022. At that time, bids will be publicly opened. Bids received after the due time and date will not be considered. The work generally consists of removing the roof membrane and insulation under the cooling tower and installing a new roof that is properly sloped towards the drains. Also included in this work would be polyurethane patches around each of the 42 roof drains, and polyurethane patches along the top edge of all vertical flashing. Portions of this work may be completed during regular business hours of Monday through Friday, 7:00am to 4:30pm, unless otherwise noted or restricted under SECTION 01100 - PROJECT REQUIREMENTS, and only if the work does not generate any noise or odors in the courtrooms immediately below. Any work activities generating noise or odors must be performed after regular business hours. Bidders ARE REQUIRED TO ATTEND THE MANDATORY pre-bid meeting and Judiciary-conducted site visit. Failure to attend this meeting and site visit will automatically be cause for rejection of the bid. No other time for a site inspection will be scheduled or allowed. The mandatory pre-bid meeting and the accompanying Judiciary conducted site visit will be held at: Ka`ahumanu Hale, 777 Punchbowl Street, Honolulu, Hawaii 96813, First Floor outside the Jury Lounge next to the Sheriff’s Office on May 4, 2022 at 4:00 PM, H.S.T. The site visit will immediately follow the meeting. Bidders are advised that they should come prepared to mask-up and be temperature-checked upon entry to the courthouse in the event that such protocols are still required by the Judiciary, notwithstanding the Governor’s recent proclamation. Bidders failing to comply may be denied entry. Each Bidder shall bring his or her own flashlight and small tools that may be required to inspect the premises. Knives and similar sharp tools will not be allowed. Bidders and interested parties are required to sign-in at the meetings to confirm attendance.


The following procedures shall apply: 1. Registration – Bidders attending the Pre-Bid meeting MUST register with the Office of

Project Management (CCAO) via e-Mail or facsimile by April 29, 2022. Attn: Mark Andrade Facsimile: (808) 539-4402. E-Mail: [email protected]

2. Offerors shall provide the following information during registration:

Name of Company; Full name or names of attendees;

3. Entrance to the Facility – Attendees shall furnish current government issued identification

with picture (e.g. driver’s license, state ID, passport, etc.) and be appropriately attired.

4. No questions will be accepted during this site visit. All questions must be submitted using the form at the end of SECTION 00800, SPECIAL CONDITIONS and sent via the methods shown in the same SECTION.

5. Each bidder shall limit the number of representatives to 3 individuals due to security

issues. Each bidder shall bring his or her own flashlight and small tools that may be required to inspect and measure the premises. Knives and similar sharp tools will not be allowed. Bidders and interested parties are required to sign-in at the meetings to confirm attendance

The estimated value of the public works contract is less than $250,000 and the apprenticeship agreement preference pursuant to Hawaii Revised Statutes §103-55.6 (ACT 17, SLH 2009) shall not apply. The Hawaii products preference pursuant to ACT 175, SLH 2009 may be applicable for items of this solicitation. Persons wishing to certify and qualify a product not currently listed as a Hawaii Product shall submit a Certification for Hawaii Product Preference (form SPO-38) to: Department of Accounting and General Service, Public Works Division, 1151 Punchbowl Street, Honolulu, Hawaii, Attn: Jolie Yee. The product shall meet the specifications of this project. The submittal must be received by DAGS by 4:30 PM on May 11, 2022. View the current Hawaii Products List on the State Procurement Office (SPO) website at http://hawaii.gov/spo, click on “For Vendors”; and select “Hawaii Product Preferences”. For each product, one form shall be completed and submitted (i.e. 3 products should have 3 separate forms completed). The form is available on the SPO webpage at http://hawaii.gov/spo under the “Forms” menu; click on “SPO-038” to view and complete form SPO-38 online. Late submittals for this solicitation will not be reviewed by the Judiciary.


Campaign Contributions by State and County Contractors Prohibited If awarded a contract in response to this solicitation, Offeror agrees to comply with HRS section 11-255, which states that campaign contributions are prohibited from a State and County government contractor during the term of the contract if the contractor is paid with funds appropriated by the legislative body between the execution of the contract through the completion of the contact. To be eligible to submit a Bid, the Bidder must possess valid State of Hawaii Contractor’s C-42 license Roofing Contractor. Refer to the GENERAL NOTICE, published with the project specifications for additional information.

________________________________________ RODNEY A. MAILE

ADMINISTRATIVE DIRECTOR OF THE COURTS The Judiciary – State of Hawaii

/s/ Rodney A. Maile


GENERAL NOTICE

TAX CLEARANCE AND HAWAII BUSINESS CERTIFICATES Refer to Instructions to Bidders for information regarding tax clearance and business certificates.

OTHER INFORMATION Bid results and the Contract Award notice will be posted on the electronic procurement website, HIePRO at https://hiepro.ehawaii.gov. Refer to Instructions to Bidders for other conditions and requirements to award a contract. Any protest shall be submitted to the Administrative Director of the Courts. Bidders shall comply with the GENERAL CONDITIONS Article 2.13 Protests.

END OF SECTION

Project Identifier: OPM 22-1-0500 Instructions to Bidders 00210 - 1

SECTION 00210 - INSTRUCTIONS TO BIDDERS

PART 1 - GENERAL

1.01 GENERAL A. Only bidders with the required Contractor’s license(s) are eligible to submit a Bid.

B. Bidders (Contractors) shall be incorporated or organized under the laws of the State or be

registered to do business in the State as a separate branch or division that is capable of fully performing under the contract. The following definitions are used in the solicitation documents. 1. Hawaii Business §3-122-112 HAR: A bidder who is registered and incorporated or

organized under the laws of the State is a “Hawaii Business” and eligible for an award.

2. Compliant non-Hawaii Business §3-122-112 HAR: A bidder not incorporated or organized under the laws of the State, but is registered to do business in the State and complies with or is exempt from the requirements of §3-122-112 HAR, is a “Compliant Non-Hawaii Business” and eligible for an award.

3. Non-compliant Bidder: If a bidder is a non-Hawaii business and is not registered with

the DCCA Business Registration Division (BREG) or cannot comply with §3-122-112 HAR, then the bidder is non-compliant and is ineligible for an award.

C. When announced by the NOTICE TO BIDDERS, all bidders who intend to submit a bid are

invited to attend an initial pre-bid meeting and the accompanying site visit(s). Other interested parties may attend the initial pre-bid meeting and the accompanying site visit(s). For other site visits not conducted by the Department, bidders shall contact and make arrangements with the Project Contact Person listed in SECTION 00800 - SPECIAL CONDITIONS of these specifications.

D. Bidders shall submit the “Solicitation, Offer and Contract Form”, bid bond (if required), and

any other documents required by these solicitation documents.

E. The GENERAL CONDITIONS set forth additional terms and conditions for the bid and award process. The GENERAL CONDITIONS will be part of the contract documents by which the State and the bidder (prospective Contractor) will be bound. Bidders are directed to the GENERAL CONDITIONS, for contract and statutory requirements and for Bidding and Execution of Contract Requirements. Bidders are also directed to SECTION 00700 - GENERAL CONDITIONS and SECTION 00800 - SPECIAL CONDITIONS of these specifications for definitions and modifications to the GENERAL CONDITIONS.

1.02 OFFEROR(S) OR BIDDER(S) A. The terms “Offeror” and “Bidder” are synonymous when used in this Section 00210 and

other solicitation documents.

1.03 PRE-BID MEETING AND SITE VISIT(S) A. General

1. The attendance of pre-bid meeting and site visit is strongly encouraged.


2. Failure to attend the pre-bid meeting(s) and site visit(s) for a project DOES NOT absolve the bidder from its responsibilities under section 2.4.1 of the Interim General Conditions.

3. Verbal responses and discussions may occur during the course of the pre-bid meeting

or site visit and shall not be considered to alter any information in the solicitation documents (see Section 2.5.1 of the Interim General Conditions).

B. Mandatory Pre-bid Meetings and Site Visits

1. If a pre-bid meeting or site visit(s) are required in the “Notice to Bidders”, bidders and other interested parties must comply with the requirements prior to submitting their bid. The Officer in charge may determine that a bid from a bidder, who fails to comply with the meeting and site visitation requirements, is a non-responsive bid.

2. All questions must to be submitted to: https://hiepro.ehawaii.gov

3. All bidders/offerors will be required to sign the attendance sheet.

4. Failure to attend mandatory pre-bid meetings and site visits, if required, will

automatically be cause for rejection of the bid.

1.04 ADDENDA, CLARIFICATIONS A. Addenda: The Judiciary may issue an addendum that may increase or decrease the scope

of work or contract time, provisions or conditions.

B. The Judiciary will make the addenda and bid clarifications available to all bidders at: https://hiepro.ehawaii.gov. Bidders are responsible for the information contained in the addenda and bid clarifications whether or not the bidder receives the addenda or clarifications.

C. Bidders discovering an ambiguity, inconsistency or error when examining the bidding

documents or the site and local conditions or bidders with questions or clarification requests shall transmit said discoveries, questions, and/or requests to the Department's Contracts Engineer in writing via the HIePRO system. Bidders may use the form entitled 'Questions and Clarifications' at the end of Section 00800– SPECIAL CONDITIONS which contains options for physical delivery and transmittal by submitting through HIePRO. Bidders choosing not to use the form provided shall bear the responsibility for clearly labeling their submittal to allow its proper identification and routing and for following the instructions cited above for physical delivery or email transmittal.

D. All written transmittals shall be brief, concise, but complete enough to properly evaluate

and determine the merits of the question or request. Include references to appropriate section numbers, paragraphs, drawings, details, schedule numbers, and provide other information as appropriate.

E. Requests transmitted or otherwise communicated directly to the Consultant will not be

considered to be transmitted to the Department and will not be addressed.

F. Bidders shall submit all discoveries, questions, and/or requests no later than 14 calendar days prior to the submission date for sealed bids.


G. Requests for Substitution will only be entertained prior to bid opening if Section 00800 - SPECIAL CONDITIONS indicates that substitutions before award are allowed for this project. If allowed, requests of this nature must be submitted before the deadline specified for this purpose in the Notice to Bidders.

1.05 SOLICITATION, OFFER AND CONTRACT FORM (BID FORM) A. Bidder shall fill out the “Solicitation, Offer and Contract Form” completely. This includes

the “Offer” portion of the 4 page form and all remaining fill-ins. Write in ink or type. Besides the following paragraphs with instructions, there are supplemental Bidder’s Instructions within the text of the “Solicitation, Offer and Contract Form” and bidders shall comply with the instructions. Do not alter the “Solicitation, Offer and Contract Form”, and maintain the form intact. When The Judiciary makes changes to the “Solicitation, Offer and Contract Form”, a completely new bid form with appropriate addendum notation will be issued. Bidders shall use the most current version. Bidders shall use their exact legal name as registered with the Department of Commerce and Consumer Affairs, if applicable; and to indicate exact legal name in the appropriate space on the Solicitation, Offer and Contract Form.

B. Schedule for Work: Note the provisions of this article, the referenced COST, TIME AND

SCHEDULE article, and specification SECTION 01100 – PROJECT REQUIREMENTS for the construction dates including: project schedule, project start date, jobsite start date, jobsite completion date, contract completion date, contract duration; and, work time restrictions, if provided.

C. Allowances: If applicable to this project, bidder shall include in its total lump sum (base)

bid price all cash allowances that are itemized in the COST, TIME AND SCHEDULE article on the “Solicitation, Offer and Contract Bid Form” and described in SECTION 01210 - ALLOWANCES of these specifications. Unless otherwise provided in the contract documents, the bidder shall include costs for unloading and handling materials and equipment at the site, labor, installation costs, overhead, profit, coordination, insurance and other incidental expenses in the lump sum bid price and not in the allowance. 1. For testing and inspection allowances, the allowance costs shall include the cost of

engaging testing agencies, actual tests and inspections and reporting results. Allowance does not include incidental labor required to assist the testing agency or costs for retesting if previous tests and inspection result in failure.

D. Variable Quantities Unit Prices: If applicable to this project, bidder shall include in its total

lump sum (base) bid price a total cost for Variable Quantities Unit Prices (VQUP) that are described in SECTION 01270 - VARIABLE QUANTITIES UNIT PRICES. Bidder shall complete the VQUP schedule by extending costs for unit prices, subtotals and totals. The unit costs provided shall include all materials, labor, tools and equipment required to install the work complete, in addition to all charges for overhead, coordination, profit, insurance, and other incidental expenses. Bidder shall make sure to enter the variable quantities unit prices total amount in the bid form, COST, TIME AND SCHEDULE article.

E. Alternates: If applicable to this project, bidder shall include its total cost(s) in the COST,

TIME AND SCHEDULE article for the alternates that are described on the drawings or in SECTION 01230 - ALTERNATES. Bidder must completely fill in the cost for each listed alternate. Where the respective alternate’s work will be performed at no cost to the State, bidder shall fill in ‘$0.00’ as the cost. If the cost for any alternate is left blank, the “Solicitation, Offer and Contract Form” will be rejected as an irregular bid.


1. For the purposes of evaluating the bid, the alternates are listed in the COST, TIME AND SCHEDULE article and in specification SECTION 01230 - ALTERNATES in the order of precedence from highest (listed first) to lowest for additive alternates and from lowest (listed first) to highest for deductive alternates.

2. Bidders are directed to the COST, TIME AND SCHEDULE article that lists additional

or deductive consecutive calendar days that will be allowed for each accepted alternate.

F. Preference: If applicable to this project, preferences are considered when evaluating bids

to determine the ranking of the respective bidders. The award of the contract will be in the amount of the bid exclusive of any preference adjustments.

G. Hawaii Product Preference:

1. In accordance with ACT 175, SLH 2009, the Hawaii products preference is applicable to this solicitation. Hawaii Products may be available for those items noted on the offer form.

2. The Hawaii products list is available on the SPO webpage at http://spo.hawaii.gov,

click on ‘Procurement of Goods, Services, and Construction-Chapter 103D, HRS’; under ‘Procurement’ click on ‘Preferences’, ‘Hawaii Products’ and select ‘Hawaii Products List’ to view.

3. Offeror offering a Hawaii Product (HP) shall identify the HP on the solicitation offer

page(s). Any person desiring a Hawaii product preference shall have the product(s) certified and qualified if not currently on the Hawaii products list, prior to the deadline for receipt of offer(s) specified in the procurement notice and solicitation. The responsibility for certification and qualification shall rest upon the person requesting the preference.

4. Persons desiring to qualify their product(s) not currently on the Hawaii product list shall

complete form SPO-38, Certification for Hawaii Product Preference and submit to the Procurement Officer, and provide all additional information required by the Procurement Officer. For each product, one form shall be completed and submitted (i.e. 3 products should have 3 separate forms completed). Form SPO-38 is available on the SPO webpage at http://spo.hawaii.gov under the ‘Quicklinks’ menu; click on ‘Forms for Vendors, Contractors, and Service Providers’.

5. When a solicitation contains both HP and non-HP, then for the purpose of selecting

the lowest bid or purchase price only, the price offered for a HP item shall be decreased by subtracting 10% for the class I or 15% for the class II HP items offered, respectively. The lowest total offer, taking the preference into consideration, shall be awarded the contract unless the offer provides for additional award criteria. The contract amount of any contract awarded, however, shall be the amount of the price offered, exclusive of the preferences.

6. Change in availability of Hawaii product. In the event of any change that materially

alters the offeror’s ability to supply Hawaii products, the offeror shall immediately notify the procurement officer in writing and the parties shall enter into discussions for the purposes of revising the contract or terminating the contract for convenience.


H. Recycled Product Preference: If applicable to this project, a recycled product preference of at least 5 percent of the price of the item is available. All bidders, either proposing or not proposing to use the recycled product preference shall complete the “Recycled Product Schedule”. If choosing to use a recycled product, enter the respective costs for the recycled product; otherwise, enter the cost for the non-recycled product. Make sure a cost is entered for each listed product. Each product costs shall be complete, including jobsite delivery and applicable taxes. 1. For each recycled product the bidder chooses to use, the bidder shall include in its bid

package the complete “Certification of Recycled Content Form” along with all supporting information. A sample of the certification form is in the GENERAL CONDITIONS.

2. The “Recycled Product Schedule” shows the percent preference used for each listed

recycled product.

I. Apprenticeship Agreement Preference:

1. If applicable to this project, any bidder seeking the preference must be a party to an apprenticeship agreement registered with the State Department of Labor and Industrial Relations (DLIR) at the time the bid is submitted for each apprenticeable trade the bidder will employ to construct the project. “Employ” means the employment of a person in an employer-employee relationship. a. The apprenticeship agreement shall be registered with the DLIR and conform to

the requirements of Hawaii Revised Statutes Chapter 372.

b. Subcontractors do not have to be a party to an apprenticeship agreement for the bidder to obtain the preference.

c. The bidder is not required to have apprentices in its employ at the time the bid is

submitted to qualify for the preference.

2. Self Certification. A bidder seeking the preference must identify each apprenticeable trade the bidder will employ to perform the work by completing the self-certification in the solicitation, offer and contract form. “Apprenticeable trade” shall have the same meaning as “apprenticeable occupation” pursuant to Hawaii Administrative Rules (HAR) §12-30-5.

3. The certification of bidder’s participation (Form 1)

a. The Certification of Bidder’s Participation - Form 1 shall be authorized by an apprenticeship sponsor listed on the DLIR list of registered apprenticeship programs. “Sponsor” means an operator of an apprenticeship program and in whose name the program is approved and registered with the DLIR pursuant to HAR §12-30-1.

b. The authorization shall be an original signature by an authorized official of the

apprenticeship sponsor.

c. The completed Certification of Bidder’s Participation - Form 1 for each trade must be submitted with the bid. A facsimile or copy is acceptable to be submitted with the bid, however the signed original must be submitted within five (5) working days


of the bid open date. If the signed original is not received within this timeframe, the preference may be denied. Previous certifications shall not apply.

d. When filling out the Certification of Bidder’s Participation - Form 1, the name of

Apprenticeable Trade and Apprenticeship Sponsor must be the same as recorded in the List of Construction Trades in Registered Apprenticeship Programs that is posted on the State Department of Labor and Industrial Relations website. “Registered apprenticeship program” means a construction trade program approved by and registered with the DLIR pursuant to HAR §12-30-1 and §12 30-4.

e. The Certification of Bidder’s Participation - Form 1 and the List of Construction

Trades in Registered Apprenticeship Programs is available on the DLIR website at: http://labor.hawaii.gov/wdd/files/2012/12/Form-1-Certification-of-Bidders-Participation.pdf

4. Upon receiving the Self Certification and Certification of Bidder’s Participation - Form

1, the Procurement Officer will verify that the apprenticeship program is on the List of Construction Trades in Registered Apprenticeship Programs and that the form is signed by an authorized official of the Apprenticeship Program Sponsor. If the programs and signature are not confirmed by the DLIR, the bidder will not qualify for the preference.

5. If the bidder is certified to participate in an apprenticeship program for each trade which

will be employed by the bidder for the project, a preference will be applied to decrease the bidder’s bid amount by five (5) percent for evaluation purposes.

6. Should the bidder qualify for other preferences (for example, Hawaii Products), all

applicable preferences shall be applied to the bid price.

J. Other Conditions: Bidder acknowledges and agrees to the provisions and certifications stated in this article.

K. Receipt of Addenda: Bidder shall fill in the appropriate dates any addenda were received.

L. Listing Joint Contractors or Subcontractors:

1. Bidder shall complete the “Joint Contractors or Subcontractors List”. It is the sole responsibility of the bidder to review the requirements of this project and determine the appropriate specialty Contractor’s licenses that are required to complete the project. Failure of the bidder to provide the correct names and specialty Contractor’s nature of work to be performed, may cause the bid to be rejected.

2. Bidder agrees the completed listing of joint Contractors or Subcontractors is required

for the project and that the bidder, together with the listed joint Contractors and Subcontractors, have all the specialty Contractor's licenses to complete the work.

3. Based on the Hawaii Supreme Court’s January 28, 2002 decision in Okada Trucking

Co., Ltd. v. Board of Water Supply, et al., 97 Hawaii 450 (2002), the bidder as a general Contractor (‘A’ or ‘B’ license) is prohibited from undertaking any work solely or as part of a larger project, which would require the bidder (‘A’ or ‘B’ general Contractor) to act as a specialty (‘C’ license) Contractor in any area in which the bidder (‘A’ or ‘B’ general Contractor) has no specialty Contractor's 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. The bidder (‘A’ or ‘B’ general Contractor) must have the appropriate ‘C’ specialty Contractor's licenses either obtained on its own, or obtained automatically under HAR §16-77-32.

4. General Engineering ‘A’ Contractors automatically have these ‘C’ specialty

Contractor's licenses: C-3, C-9, C-10, C-17, C-24, C-31a, C-32, C-35, C-37a, C-37b, C-38, C-43, C-49, C-56, C-57a, C-57b, and C-61.

5. General Building ‘B’ Contractors automatically have these ‘C’ specialty Contractor's

licenses: C-5, C-6, C-10, C-12, C-24, C-25, C-31a, C-32a, C-42a, and C-42b.

6. Instructions to complete the Joint Contractors or Subcontractors List: a. Describe the specialty Contractor’s nature of work to be performed for this project

and provide the complete firm name of the joint Contractor or Subcontractor in the respective columns.

b. List only one joint Contractor or Subcontractor per required specialty Contractor's

classification, unless the nature of work to be performed by each such joint contractor is both distinct and separate. (i.e. two C-13 contractors are listed but one has the responsibility for AC controls (nature of work listed as “electrical – AC controls”) and the other for AC power (nature of the work listed as “electrical – AC power”).

c. For projects with alternate(s), fill out the respective “Joint Contractors or

Subcontractors List for the Alternate(s)”. Bidder shall describe the specialty Contractor's nature of work to be performed on this project for the respective alternate. Bidders shall fill in the complete firm name and nature of work to be performed by the respective joint Contractor or Subcontractor. If the joint Contractor or Subcontractor previously listed under base bid, listing under Alternate(s) are not required.

M. Cost, Time and Schedule: Bidder shall completely fill out the article and enter the cost for

the Project Bid Price, Variable Quantities Unit Prices and Alternates when provided. Bidder shall tabulate the Project Bid Price, Variable Quantities Unit Prices and Allowances when provided, and the Bidders shall then enter the Total Lump Sum Bid Price. BE SURE TO ENTER THE TOTAL LUMP SUM BID PRICE IN WORDS AND NUMERALS. Refer to Bidder’s Instructions located within the article. 1. If provided, bidder shall fill in total costs for each alternate.

2. The bidder is directed to the construction time information Article entitled “TIME” for

the contract duration and construction time for alternates. Bidder shall refer to SECTION 01100 - PROJECT REQUIREMENTS of these specifications for additional construction time information, as applicable.

N. Offer Page: Bidder shall completely fill out Blocks 11 through 22C. Bidder shall indicate

if it is a “Hawaii Business” or a “Compliant Non-Hawaii Business” in Block 21. Also, bidder shall refer to Bidder’s Instructions located near end of section.


1.06 BID SECURITY, REQUIRED FOR THIS PROJECT A. Bid security is required for bids procured as Invitation for Bid (IFB) Large Purchase

1. Bidder shall refer to SECTION 00410, SOLICITATION, OFFER AND CONTRACT FORM, 10. ADDITIONAL SOLICITATION REQUIREMENTS, B. Bid Security for applicable requirement.

2. Bid security submittal shall be as follows:

a. Photocopy of the bid security shall be submitted with the bid documents in HIePRO.

b. Original bid security shall be delivered within 72 hours of date/time bids are

due to: Chief Court Administrator’s Office Office of Project Management 777 Punchbowl Street Honolulu, Hawaii 96813 Attn: Mark Andrade

c. Offeror bears the whole and exclusive responsibility assuring the bid security

is received by the purchasing agency. Bid submittals and original bid security postmarked after the date bids are due will not be considered.

1.07 EVALUATION CRITERIA A. Evaluating Bids: The lowest responsive, responsible bid is determined by the following

procedures: 1. Chapter 103D, HRS, which provides for the preferences, shall apply.

2. The total lump sum bid price is adjusted to reflect the applicable preferences.

3. Project control budget is established prior to the submission of bids.

4. If there is more than one alternate for a project, the State will determine the

precedence of the alternates for each project prior to the submission of bids.

5. The project will be evaluated based on the adjusted bid price.

B. Evaluating Bids with Additive Alternates: 1. Prior to opening bids, the State will announce the project control budget. All bids will

be evaluated on the basis of the same alternate item.

2. After adjusting for applicable preferences, the alternates, in their precedence order, are added to the total lump sum base bid price. This (these) sum(s) are compared to the project control budget and must be within the project control budget.

3. If adding another alternate would make the aggregate amount exceed the project

control budget for all bidders, that alternate will be skipped and the next alternate will be added, provided an award might be made within the project control budget. This procedure will continue, until adding any remaining alternates will result in the aggregate total amount for all the bidders to exceed the project control budget, or until no additional alternates remain.


4. The bidder with the lowest aggregate amount, within the project control budget (after application of the various preferences), for the total lump sum base bid plus the alternates in their precedence order, is the “Low Bidder” for that project and is designated for award.

5. Additive Alternate Example: The project control budget available is $100,000. In the

order of precedence, alternates A-1, A-2 and A-3 are additive alternates. After applying the preferences, the bids are ranked lowest price to highest price and are “Bid A”, “Bid B” and “Bid C”. Bid A’s total lump sum base bid price and three additive alternates (in the precedence order) are $80,000, $16,000, $10,000 and $5,000 respectively. Bid B’s total lump sum base bid price and three additive alternates (in the precedence order) are $82,000, $10,000, $9,000 and $3,000 respectively. Bid C’s total lump sum base bid price and three additive alternates (in the precedence order) are $85,000, $10,000, $8,000 and $4,000 respectively. a. In adding the alternates to the bids, alternate A-1 is under the project control

budget for all bids. The second alternate A-2 is initially skipped since it would cause the aggregate amount of all bids to exceed $100,000. The third alternate A-3 is added and the aggregate amounts, including base bid price plus alternates A-1 and A-3, of both Bid B and Bid C, are under the project control budget.

b. Bid A’s aggregate total is $101,000. Bid B’s aggregate total is $95,000. Bid C’s

aggregate total is $99,000.

c. Bid B’s price including alternates A-1 and A-3 is the lowest bid price (over Bid C) and has an aggregate amount within the adjusted project control budget, and therefore is designated the “Low Bidder” for the project.

6. Should the Lump Sum Base Bid of all bidders exceed the project control budget, the

bidder with the lowest total lump sum base bid after application of the preferences is designated the low bidder for the project.

1.08 METHOD OF AWARD A. The contract will be awarded to the lowest responsive and responsible Bidder whose bid

(including any alternates which may be selected) meets the requirements and criteria set forth in the solicitation documents and as determined by the Administrative Director of the Courts.

B. In the event the total lump sum bid for bids without alternates or with additive alternates

of all bidders exceeds the project control budget, the Judiciary reserves the right to make an award to the apparent Low Bidder if additional funds are available or by reducing the scope of work through negotiation.

C. Not used.

D. Additional Requirements for Bids with Alternates: After determining the designated Low

Bidder for the project, an award may be made on the amount of the Low Bidder’s total lump sum base bid alone or on any combination of alternates exclusive of any preferences. The combination of alternates may include substituting any of the alternates that were included in the designated Low Bidder’s aggregate price with an alternate that was not included, provided:


1. It is in the best interest of the State,

2. Funds are available at the time of award, and

3. The combination of the total lump sum base bid plus alternate(s) does not change the established Low Bidder for the project.

1.09 OTHER CONDITIONS FOR AWARD A. The Administrative Director of the Courts may reject any or all bids and waive any defects

if the Administrative Director believes the rejection or waiver is in the best interest of the State.

B. The Administrative Director of the Courts may hold all bids up to 60 calendar days from

the date bids were opened. Unless otherwise required by law, bids may not be withdrawn without penalty.

C. The award of the contract is conditioned upon funds made available for the project (or

projects if applicable).

D. Any agreement or contract is subject to approval by the Department of the Attorney General, and the approval of the Governor, as required by statute, regulation, rule, order, or other directive.

1.10 COMPLIANCE WITH §3-122-112 HAR

A. Pursuant to Section 103D-310(c), HRS, the responsive bidder recommended for contract award, if any, shall be compliant with all laws governing entities doing business in the State including the following chapters: 1. Chapter 237, tax clearance;

2. Chapter 383, unemployment insurance;

3. Chapter 386, workers’ compensation;

4. Chapter 392, temporary disability insurance;

5. Chapter 393, prepaid health care; and

6. Chapter 103D-310(c), Certificate of Good Standing (COGS) for entities doing business

in the State.

B. The State will verify compliance on Hawaii Compliance Express (HCE). The HCE is an electronic system that allows vendors/contractors/service providers doing business with the State to quickly and easily obtain proof that they are compliant with applicable laws. The HCE certificate, ‘Certificate of Vendor Compliance’, allows this single printable electronic certificate to be substituted for the tax clearance, labor certificate, and a Certificate of Good Standing required in Hawaii Revised Statutes (HRS), Section 103D-310(c), and Hawaii Administrative Rules (HAR), Section 3-122-112. The HCE provides compliance status in real time.


C. Bidders are advised to register with Hawaii Compliance Express at https://vendors.ehawaii.gov before submitting an offer. Bidders are strongly encouraged to submit a ‘Certificate of Vendor Compliance’ with their bid package to ensure the State’s ability to quickly verify compliance at the time of award. If an offeror is not compliant at the time of award, an otherwise responsive and responsible offeror may not receive the award.

PART 2 – PRODUCTS (NOT USED)

PART 3 – EXECUTION (NOT USED)

END OF SECTION

Project Identifier: OPM 19-2-0500 Solicitation, Offer and Contract Form 00410 - 1

SOLICITATION, OFFER AND CONTRACT FORM

1. JUD Project Identifier: OPM 22-1-0500

2. TYPE OF SOLICITATION HIePRO (IFB)

3. PAGE OF PAGES

1 of 9

IMPORTANT – The “offer” section must be fully completed by offeror.

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

4. ISSUED BY: THE JUDICIARY – STATE OF HAWAI‘I CONTRACTS AND PURCHASING 6TH FLOOR KAUIKEAOULI HALE 1111 ALAKEA STREET HONOLULU, HAWAI’I 96813

5. ADDRESS OFFER TO: THE JUDICIARY – STATE OF HAWAI‘I CONTRACTS AND PURCHASING 6TH FLOOR KAUIKEAOULI HALE 1111 ALAKEA STREET HONOLULU, HAWAI’I 96813

6. FOR INFORMATION Call: (808) 539-4448

A. NAME Office of Project Management Mark Andrade [email protected]

B. TELEPHONE NO. (NO COLLECT CALLS) (808) 539-4448

SOLICITATION

7. THE STATE OF HAWAII REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS TO CONSTRUCT:

ROOF REPAIRS KA`AHUMANU HALE 777 PUNCHBOWL STREET HONOLULU, OAHU, HAWAI‘I 96813 TAX MAP KEY: 2-1-030:003

After carefully examining the bid documents including the specifications, drawings, addenda, and other proposed contract documents, the bidder shall furnish all labor, materials, machinery, tools, superintendence, transportation, and other construction accessories, services, and facilities necessary to construct and complete, at its own risk and expense, the work and requirements of the Project for the cost and time stipulated in the COST, TIME AND SCHEDULE article of Attachment A of this Form. The bidder agrees to the conditions and requirements stipulated in this SOLICITATION, OFFER ANDCONTRACT FORM and any attachments thereto.

8. The Contractor shall complete the work as stipulated in the COST, TIME AND SCHEDULE article of Attachment A. This performance period is mandatory.

9. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS WITHIN 10 CONSECUTIVE CALENDAR DAYS AFTER DATE OF THE LETTER OF AWARD. IF ALTERNATE FORMS OF SECURITY WILL BE SUBMITTED, REFER TO STATE OF HAWAII, GENERAL CONDITIONS 3.7.1.3. INCORPORATED HEREIN BY REFERENCE.


10. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed bids/offers to perform the work required are due at the place specified in Block 5, by the date and time specified in the Notice to Bidders. If this is a sealed bid solicitation, offers will be publicly opened at that time. Offers must be submitted in sealed envelopes that shall be marked to show the offeror’s name and address, the Judiciar Job number, and the date and time offers are due.

B. Bid Security is required and must be submitted with the offer. For more information, see Section 00210, Subsection

1.06 BID SECURITY. (Section 103D-323, HRS) C. Hawaii Product Preference –Any offeror proposing to use the Hawaii product preference must complete the Hawaii

product preference schedule form in the solicitation and submit it with the offer. D. Apprenticeship Agreement Preference – Any offeror seeking the apprenticeship agreement preference must complete

the self certification form and the DLIR Certification of Bidder’s Participation - Form 1. E. Listing of Joint Contractors and Subcontractors – Any offeror must submit with its offer, the name of each person or

firm to be engaged by the offeror as a joint contractor or subcontractor in the performance of the contract and the nature and scope of the work to be performed by each. The offeror is directed to complete the joint contractors and subcontractors list form included in the solicitation and submit it with the offer.

F. The Offeror be registered and compliant with Hawaii Compliance Express, link found at

http://vendors.ehawaii.gov/hce/splash/welcome.html. G. All offers are subject to the requirements of the solicitation, including the Specifications, Notice to Bidders, Instruction

to Bidders, General Conditions, and Drawings, any Special Conditions, Addenda, Bid Clarifications, and any other provision whether incorporated in full text or by reference in, or attached to, the solicitation.

H. Contractors are hereby notified of the applicability of Section 11-355 HRS, 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.

I. Recycled Product Preference – Certain recycled products are not acceptable for use in this project. Any offeror

proposing to use the recycled product preference must complete the recycled product preference schedule form in the solicitation and submit it with the offer.


OFFER (Must be fully completed by offeror)

11. NAME AND ADDRESS OF OFFEROR (Include Zip Code) (*1)

12. REMITTANCE ADDRESS (Include only if different than item 11)

13. TELEPHONE NO. (Include area code ) FAX NO.

14. EMAIL ADDRESS

15. FEDERAL EMPLOYER ID # (FEIN)

16. HAWAII GENERAL EXCISE ID #

17. BUSINESS ORGANIZATION (*2) 18. CONTRACTOR’S LICENSE NO.

19. The offeror agrees to perform the work required at the price(s) specified in the COST, TIME AND SCHEDULE article of Attachment A in strict accordance with the terms of this solicitation, including any attachments thereto, if this offer is accepted by the Judiciary within 60 calendar days after the date offers are due.

20. The offeror has completed Attachment A.

21. COMPLIANCE WITH §3-122-112 (HAR) {BIDDER’S INSTRUCTIONS: Mark one box only. If a Non-Hawaii Business, write your State’s name where incorporated.} The undersigned represents:

A Hawaii Business incorporated or organized under the laws of the State of Hawaii. Or A Compliant Non-Hawaii Business not incorporated or organized under the laws of the State of Hawaii, but registered at

the State of Hawaii, Department of Commerce and Consumer Affairs, Business Registration Division to do business in the State of Hawaii. State of incorporation: ________________________

22A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

22B. SIGNATURE: I declare under penalty of law that the foregoing is true and correct to the best of my knowledge. (*3)

22C. DATE:

BIDDERS INSTRUCTIONS AND SOLICITATION, OFFER AND CONTRACT FORM FOOTNOTES (footnotes relate to boxes 11, 17 & 22B) (*1) If the Offeror is a "dba" of a sole proprietor, furnish the exact legal name as registered with the Department of Commerce and

Consumer Affairs. If Offeror is a “dba” or a “division” of a corporation, furnish the exact legal name of the corporation under which the awarded

contract will be executed. The address included in this box will be used for correspondence. (*2) For Business Organization, enter one of the following: Sole Proprietor, Partnership, Corporation, Joint Venture, or Other. (*3) MANUAL SIGNATURE REQUIRED: attach to this page evidence of the authority of this signatory to submit bids on behalf of

the Offer, and also the names and residence addresses of all officers of the company. Fill in information in all blank spaces or the bid may be invalidated. SOLICITATION, OFFER AND CONTRACT FORM MUST BE INTACT; MISSING PAGES OR ANY ALTERATIONS MAY INVALIDATE THE BID. TYPE OR WRITE ALL INFORMATION IN INK. USE INK FOR MANUAL SIGNATURE.


CONTRACT (To be completed by The Judiciary) 23. CONTRACT NO. 23A. CONTRACT DATE:

24. ITEMS ACCEPTED:

25. AMOUNT: 27. PAYMENT WILL BE MADE BY:

(Department) By ______________________________________ Signature ______________________________________ Print Name ______________________________________ Title

26. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 4 UNLESS DIFFERENT ADDRESS STIPULATED HERE (7 copies unless otherwise specified)

THE JUDICIARY WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE 28. NEGOTIATED AGREEMENT (Contractor is required

to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) any document incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed in Block 24. This award consummates the contract, which consists of (a) The Judiciary State of Hawaii solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

28A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

29A. NAME OF ADMINISTRATIVE DIRECTOR OF THE COURTS (Type or print)

28B. SIGNATURE: I declare under penalty of law that the foregoing is true and correct to the best of my knowledge.

29B. THE JUDICIARY, STATE OF HAWAI’I

By:

28C. DATE

29C. DATE


ATTACHMENT A

A. COST, TIME AND SCHEDULE

ROOF REPAIRS KA`AHUMANU HALE 777 PUNCHBOWL STREET HONOLULU, OAHU, HAWAI‘I 96813

1. COST: TOTAL LUMP SUM BID PRICE $________________

_____________________________________________________ DOLLARS {BIDDER’S INSTRUCTIONS: Fill in the total lump sum bid price in numbers and write out

the total lump sum bid price in words.}

2. TIME: See SECTION 01100 - PROJECT REQUIREMENTS for additional time and

duration requirements. CONTRACT DURATION 150 Calendar Days

3. SCHEDULE FOR WORK

Contractor shall commence and complete all work within the contract duration stipulated and as follows: a. After the project is awarded, the contractor shall begin preparatory work, obtain

approvals, permits, process submittals or conduct other work as directed. The contractor shall not start any work at the jobsite or order any materials, unless the Contracting Officer specifically issues a written authorization to proceed with designated work.

b. Upon receipt of the executed contract and a written authorization from the Contracting

Officer, the contractor may proceed with ordering materials, doing offsite fabrication and similar work, approved by The Judiciary, prior to issuance of the formal Notice to Proceed. The Contractor shall not start any work at the jobsite before the formal Notice to Proceed is issued, unless the Contracting Officer specifically issues a written authorization to proceed with designated work. Payment for materials ordered and received prior to THE JUDICIARY’S issuance of the formal Notice to Proceed are subject to the following conditions:

1. The contractor is responsible for all storage costs incurred. No additional compensation will be made;

2. Ordering materials prior to the formal Notice to Proceed will not decrease or

increase the specified contract time; and

3. Conditions as specified in the DAGS 1999 INTERIM GENERAL CONDITIONS, and other conditions required by the contract documents.


c. After issuance of the formal Notice to Proceed or upon written authorization from the Contracting Officer to proceed with designated work, the contractor shall order approved materials, do off-site fabrication and similar work. The contractor shall start and complete the jobsite work per the dates, times and durations noted in the COST, TIME AND SCHEDULE article.

B. BID SECURITY – REQUIRED FOR THIS PROJECT. Mark the applicable box. State in words and numerals the Bid Bond dollar amount. See the Bidder’s Instructions at the end of this section for additional information.

Enclosed with this BID FORM: Surety Bond (*4) Legal Tender (*5) Cashier’s Check (*6) Certificate of Deposit (*6) Certified Check (*6) Official Check (*6) Share Certificate (*6) Teller’s Check (*6) Treasurer’s Check (*6) Not applicable {BIDDER’S INSTRUCTIONS: * See below for footnotes. (*4) Surety bond underwritten by a company licensed to issue bonds in this State (Note: Surety bond shall be substantially in the

form of the sample in the Appendix to the Interim General Conditions); (*5) Legal tender; or (*6) A certificate of deposit; share certificate; or cashier’s, treasurer’s, teller’s, or official check drawn by, or a certified check

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

a. These instruments may be utilized only to a maximum of $100,000. b. If the required 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 accepted.}

In the amount of: ___________________________________________________________________

__________________________________________ DOLLARS ($______________)

(Bid Security shall be no less than 5% of the total lump sum bid amount) as required by law.

C. RECEIPT OF ADDENDA AND BID CLARIFICATIONS Bidder acknowledges receipt of the following Addenda and Bid Clarifications issued by the Department, and the bidder shall indicate by marking each applicable box:

Addendum No. 1 Bid Clarification No. 1 Addendum No. 2 Bid Clarification No. 2 Addendum No. 3 Bid Clarification No. 3 Addendum No. 4 Bid Clarification No. 4 Addendum No. 5 Bid Clarification No. 5

D. OTHER CONDITIONS 1. Bidder agrees to pay liquidated damages as specified in SECTION 00800 - SPECIAL

CONDITIONS.

2. Bidder declares that its firm was not assisted or represented by an individual who has, in a State capacity, been involved in this project or this proposed contract in the past two consecutive years.


3. Anti-collusion Certification - In accordance with §3-122-192 (HAR), the bidder declares

that the price submitted for this bid is independently arrived at without collusion.

4. Certification for Safety and Health Programs for Offers in excess of $100,000 - In accordance with HRS 396-18, the bidder certifies that its organization will have a written safety and health plan for this project that will be available and implemented by the date when onsite construction starts. Bidder may obtain the requirements for the safety plan from the Department of Labor and Industrial Relations, Occupational, Safety and Health Division (HIOSH).

5. Labor and Wage Certification (Chapter 104 HRS) - For projects in excess of $2,000, the

bidder shall comply with the requirements of Chapter 104 HRS, “Wages and Hours of Employment on Public Works Construction Projects” and shall certify that: a. Individuals engaged in the performance of the contract on the job site shall not be paid

less than wages the Director of Labor and Industrial Relations determines to be prevailing for corresponding classes of laborers and mechanics employed on public works projects, including any periodic adjustments to the prevailing wages during the performance of the contract; and

b. Overtime compensation shall be at one and one-half times the basic hourly rate plus

fringe benefits for hours worked on Saturday, Sunday, or legal holiday of the State or in excess of eight hours on any other day; and

c. All applicable laws of the federal and state governments relating to workers’

compensation, unemployment compensation, payment of wages, and safety shall be fully complied with.

6. Upon the acceptance of the bid by the Procurement Officer, the bidder must enter into and

execute a contract and furnish a performance and payment bond. These bonds shall conform to the provisions of HRS Sections 103D-324 and 325, and any law applicable thereto.

7. Compliance with §103D-310 HRS: Bidder shall be incorporated or organized under the

laws of the State or registered to do business in the State as a separate branch or division that is capable of fully performing under the contract.

E. LISTING JOINT CONTRACTORS OR SUBCONTRACTORS (HRS, 103D-302) It is the sole responsibility of the bidder to review the requirements of this project and determine the appropriate specialty contractor’s licenses that are required to complete the project. The bidder acknowledges that as a general contractor (‘A’ or ‘B’ license) the bidder is prohibited from undertaking any work solely or as part of a larger project, which would require the bidder (‘A’ or ‘B’ general contractor) to act as a specialty (‘C’ license) contractor in any area in which the bidder (‘A’ or ‘B’ general contractor) has no specialty contractor’s license. The bidder (‘A’ or ‘B’ general contractor) must have the appropriate ‘C’ specialty contractor’s licenses either obtained on its own, or obtained automatically under HAR §16-77-32.

General Engineering ‘A’ Contractors automatically have these ‘C’ specialty contractor’s licenses: C-3, C-9, C-10, C-17, C-24, C-31a, C-32, C-35, C-37a, C-37b, C-38, C-43, C-49, C-56, C-57a, C-57b, and C-61.


General Building ‘B’ Contractors automatically have these ‘C’ specialty contractor’s licenses: C-5, C-6, C-10, C-12, C-24, C-25, C-31a, C-32a, C-42a, and C-42b.

Bidder agrees the completed listing of joint contractors or subcontractors is required for the project and that the bidder, together with the listed joint contractors and subcontractors, have all the specialty contractor’s licenses to complete the work.

Joint Contractors or Subcontractors List {BIDDER’S INSTRUCTIONS: Refer to SECTION 00210 - INSTRUCTIONS TO BIDDERS for detailed instruction to fill out this list. Write in the complete firm name and nature of work to be performed by the required joint contractor or subcontractor.}

COMPLETE FIRM NAME JOINT CONTRACTOR OR SUBCONTRACTOR

NATURE OF WORK TO BE PERFORMED

F. LIQUIDATED DAMAGES Liquidated damages in the sum stated in the Special Conditions will be deducted from the Contractor’s final payment if the work is not completed within the time specified in this solicitation and any time extensions granted in writing to the Contractor by the State.


G. COMPENSATION All payments shall be made in the manner and at the times indicated in the Contract Documents.

It is understood and agreed that the compensation paid by the Judiciary to the Contractor shall include all expenses incurred by the Contractor for all loss or damage arising out of the nature of the work, from the action of the elements, or from any delay or unforeseen obstruction or difficulty encountered in the prosecution of the work; for all risks of every description connected with the work; and for all expenses incurred by or in consequence of the suspension or discontinuation of the work, except as set forth in the General Conditions.

It is further agreed by the parties that any portion of the Contract price payable to the Contractor out of federal funds shall be paid to the Contractor only when such federal funds are received, and this contract shall not be construed as binding the State to pay said portion out of any fund other than those which are received from the Federal government.

H. GUARANTY OF WORK The Contractor agrees to guaranty all work under this Contract for the period(s) stipulated in the Contract Documents from the project acceptance date.

If any unsatisfactory condition or damage develops within the time of this guaranty due to materials or workmanship that are deficient, inferior, or not in accordance with the contract, the Contractor shall, when notified by the Judiciary, immediately place such guaranteed work in a condition satisfactory to the Judiciary and make repairs of all damage to the buildings, equipment and grounds made necessary in fulfillment of the guaranty. Everything necessary for the fulfillment of any guaranty shall be done without any expense to the Judiciary. It is understood that the performance and payment bond furnished by the Contractor under this Contract may be used to secure performance of Contractor’s guaranty.

I. CONTRACT DOCUMENTS It is understood and agreed that the following documents, and any amendments or addenda thereto, comprise this contract and are fully a part of this Contract as though attached hereto or set forth at length herein: (1) Contractor’s accepted proposal; (2) General Conditions; (3) Drawings; (4) Specifications, including the Notice to Bidders, Instructions to Bidders, and Special Conditions, Addenda, Bid Clarifications, if any; (5) Combination Performance and Labor and Material Payment Bond; and (6) this Contract Agreement.

J. ENTIRE AGREEMENT This Contract is the entire agreement between parties, and no alterations, changes, or additions thereto shall be made, except in writing approved by the parties.

K. ATTACHMENTS TO BE PROVIDED BY OFFER AS APPLICABLE Corporate Resolution Certificate of Vendor Compliance (HCE) Bid Security (See Instruction to Bidders, 00210 1.06) Power of Attorney Judiciary’s Standards of Conduct Declaration

END OF SECTION

Project Identifier: OPM 22-1-0500 General Conditions 00700-1

SECTION 00700 – GENERAL CONDITIONS

PART 1 – GENERAL

1.01 GENERAL CONDITIONS A. These GENERAL CONDITIONS are hereby made part of the contract.

B. The GENERAL CONDITIONS AND SECTION 00800 – SPECIAL

CONDITIONS shall govern the Work specified in all DIVISIONS and SECTIONS.

ARTICLE 1 – Definitions Whenever the following terms or pronouns are used in these Bidding and Execution of Contract Requirements, and General Conditions, or in any contract documents or instruments where these Bidding and Execution of Contract Requirements, and General Conditions govern, the intent and meaning shall be interpreted as follows: 1.01 ADDENDUM (plural – Addenda) A written or graphic document, including

Drawings and Specifications, issued by the Administrative Director of the Courts during the bidding period which modify or interpret the bidding documents, by additions, deletions, clarifications or corrections which shall be considered and made a part of the bid proposal and the contract when executed.

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

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

1.04 Not used 1.05 ADVERTISEMENT A public announcement soliciting bids or offers. 1.06 AMENDMENT A written document properly executed by the Contractor and the

Administrative Director of the Courts issued to amend the existing contract between the State and the Contractor.

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

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

1.09 BID See Offer. 1.10 BID SECURITY The security furnished by the bidder from which the State may

recover its damages in the event the bidder breaches its promise to enter into a contract with the State and fails to execute the required bonds covering the work contemplated, if its proposal is accepted.

1.11 BIDDER See Offeror.


1.12 BIDDING DOCUMENTS (or SOLICITATION DOCUMENTS) The advertisement solicitation notice and instructions, Offer requirements, Offer forms, and the proposed contract documents including all addenda, and clarifications issued prior to receipt of the Offer.

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

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

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

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

1.17 COMPLETION. See SUBTANTIAL COMPLETION and FINAL COMPLETION. 1.18 Not used 1.19 CONSULTANT. A person, firm, or corporation having a contract with the State

to furnish services with respect to the project. 1.20 CONTRACT The written agreement between the Contractor and the State of

Hawaii by its Administrative Director of the Courts, by which the Contractor is bound to furnish all labor, equipment and materials and to perform the specified work within the contract time stipulated, and by which the State of Hawaii is obligated to compensate the Contractor therefor at the prices set forth therein. The contract shall include the Contract Documents and also any and all amendments and change orders which are required to complete the construction in an acceptable manner.

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

1.22 CONTRACT DOCUMENTS The Contract, Addenda (which pertain to the Contract Documents, Contractor’s Proposal (including Wage Schedule, List of Subcontractors and other documentation accompanying the Bid and any post bid documentation submitted prior to the Notice of Award) when attached as an


exhibit to the Contract, the Notice to Proceed, the Bonds, these GENERAL CONDITIONS, the SPECIAL CONDITIONS, the Specifications and the Drawings as the same are more specifically identified in the Contract together with all written Amendments, Change Orders, Field Orders, a written order for minor changes in the work and Engineer’s written interpretations and clarifications issued on or after the effective date of the Contract.

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

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

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

1.26 DEPARTMENT The Judiciary. 1.27 DRAWINGS (or Plans) The contract drawings in graphic or pictorial form, which

show the design, location, character, dimensions, details of the Work to be done and which shall be a part of the Contract Documents.

1.28 ENGINEER The Administrative Director of the Courts, or the authorized person to act in the Administrator’s behalf.

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

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

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

1.32 FORCE ACCOUNT Term used when Work is ordered to be done without prior agreements as to the lump sum or unit price cost thereof and is to be billed for at cost of labor, materials and equipment, insurances, taxes, etc., plus an agreed percentage for overhead and profit.

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

1.34 GOODS Materials. §103D-104


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

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

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

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

1.39 LIQUIDATED DAMAGES The amount prescribed in the General Conditions Section 7.26 FAILURE TO COMPLETE WORK ON TIME to be paid to the State or to be deducted from any payments due or to become due the Contractor for each working day or calendar day (as applicable) delay in completing the whole or any specified portion of the work beyond the Contract Time.

1.40 LETTER OF AWARD A written notice from the Administrative Director of the Courts to the successful bidder(s) stating that its proposal has been accepted by the State.

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

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

1.43 NOTICE TO CONTRACTOR See Solicitation. 1.44 NOTICE TO PROCEED A written notice from the Department to the Contractor

establishing the applicable Contract Durations, Project Start Date, Jobsite Start Date, Jobsite Completion Date, and Contract Completion Date.

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

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

1.47 PROJECT CONTRACT LIMITS (or Contract Zone) The portion of the site as delineated on the drawings which define the Contractor’s primary area of operation for the prosecution of the work. It does not define the exact limits of all construction that may be required under the contract.

1.48 PROJECT GUARANTEE A guarantee issued by the Contractor to the State. See GUARANTEE.

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


1.51 PUNCHLIST A list compiled by the Engineer ( or Contractor) stating work yet to be completed or corrected by the Contractor in order to substantially complete or finally complete the contract requirements.

1.52 QUESTIONNAIRE The specified forms on which the bidder shall furnish required information as to its ability to perform and finance the work.

1.53 SHOP DRAWINGS All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for the Contractor and submitted by Contractor to illustrate some portion of the work.

1.54 SPECIAL CONDITIONS Supplements or modifies the standard clauses of the GENERAL CONDITIONS setting forth conditions or requirements peculiar to the individual project under consideration, which are not thoroughly or satisfactorily covered, described or explained in these GENERAL CONDITIONS.

1.55 SPECIFICATIONS That portion of the Contract Documents consisting of written descriptions for materials, equipment, construction systems, standards, workmanship, directions, provisions and requirements that pertain to the method and manner of performing the work and certain administrative requirements applicable thereto.

1.56 STATE The State of Hawaii acting through its authorized representative. 1.57 SUBCONTRACT Any written agreement between the Contractor and its

subcontractors which contains the conditions under which the subcontractor is to perform a portion of the work for the Contractor.

1.58 SUBCONTRACTOR An individual, partnership, firm, corporation, joint venture or other legal entity, as covered in Chapter 444, Hawaii Revised Statutes, which enters into an agreement with the Contractor to perform a portion of the work for the Contractor.

1.59 SUBSTANIAL COMPLETION The status of the project when the Contractor has completed all the work and 1) all utilities and services are connected and working, 2) all equipment is in acceptable working condition, 3) additional activity by the Contractor to correct punchlist items as described herein will not prevent or disrupt use of the work or the facility in which the work is located, and 4) the building, structure, improvement or facility can be used for its intended purpose.

1.60 SUPERINTENDENT The employee of the Contractor who is charged with the responsibility of all the Work.

1.61 SURETY The qualified individual, firm or corporation, other than the Contractor, which executes a bond with and for the Contractor to insure its acceptable performance of the contract.

1.62 UNUSUALLY SEVERE WEATHER Uncommonly harsh weather including but not limited to hurricanes, tornados, tropical storms and tropical depressions, or as otherwise defined in the SPECIAL CONDITIONS.

1.63 WORK The furnishing of all labor, materials, equipment, and other incidentals necessary or convenient for the successful completion of the project and the execution of all the duties and obligations imposed by the contract.

1.64 WORKING DAY A calendar day, exclusive of Saturdays, Sundays and State-recognized legal holidays for the month in question.

1.65 CONTRACTING OFFICER Director, Financial Services. 1.66 JOBSITE START DATE The date when on-site construction may start.


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

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

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

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

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

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

1.73 RESIDENT A person who is physically present in the State of Hawaii at the time the person claims to have established the personʻs domicile in the State of Hawaii and shows the personʻs intent is to make Hawaii the personʻs primary residence.

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

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

ABBREVIATIONS HAR Hawaii Administrative Rules HRS Hawaii Revised Statutes VECP Value Engineering Cost Proposal DOTAX State Department of Taxation IRS Internal Revenue Service


BIDDING AND EXECUTION OF CONTRACT REQUIREMENTS

ARTICLE 2 – Proposal Requirements and Conditions 2.1 QUALIFICATION OF BIDDERS Prospective bidders must be capable of performing the work for which bids are invited, and must be capable of entering into a public contract of $25,000 or more. 2.1.1 Notice of Intention to Bid 2.1.1.1 In accordance with Section 103D-310, Hawaii Revised Statutes, and Section 3-122-111, Hawaii Administrative Rules, a written notice of intention to bid need not be filed for construction of any public building or public work. A written notice of intention to bid need not be filed for the mere furnishing and installing of furniture, equipment, appliances, material and any combination of these items when a Contractor’s license is not required under Chapter 444 of the Hawaii Revised Statutes, as amended, and the rules and regulations of the Contractor’s License Board. 2.1.1.2 If two (2) or more prospective bidders desire to bid jointly as a joint venture on a single project, they must file an affidavit of joint venture. Such affidavit of joint venture will be valid only for the specific project for which it is filed. No further license is required when all parties to the joint venture possess current and appropriate contractor’s licenses. Joint ventures are required to be licensed in accordance with Chapter 444 of the Hawaii Revised Statutes, as amended, and the rules and regulations of the Contractor’s License Board when any party to the joint venture agreement does not hold a current or appropriate contractor’s license. The joint venture must register with the office of the Director of Commerce and Consumer Affairs in accordance with Chapter 425 of the Hawaii Revised Statutes, as amended. 2.1.1.3 No persons, firm or corporation may bid where (1) the person, firm, or corporation, or (2) a corporation owned substantially by the person, firm or corporation, or (3) a substantial stockholder or an officer of the corporation, or (4) a partner or substantial investor in the firm is in arrears in any payment owed to the State of Hawaii or any of its political subdivisions or is in default of any obligation to the State of Hawaii or to all or to any of its political subdivisions, including default as a surety or failure to perform faithfully and diligently any previous contract with the Department. 2.1.2 Compliance Certificate 103D-310(c), Hawaii Revised Statutes The Contractors are required to provide proof of compliance in order to receive a contract of $25,000 or more. To meet this requirement, Bidders may apply and register at the “Hawaii Compliance Express website: http://vendors.ehawaii.gov/hce/splash/welcome.html


2.1.3 Wrongful Refusal to Accept Bid – In the event the Administrative Director of the Courts, for any reason, wrongfully refuses to accept what would otherwise be a responsive and responsible lowest bid, the exclusive remedy for such lowest bidder shall be the recovery of the reasonable actual costs of preparing the bid. No other bidder shall have any claim for damages. Refer to 2.13 PROTEST. 2.2 INTERPRETATION OF QUANTITIES IN BID SCHEDULE 2.2.1 When quantities for individual items of work are listed in the proposal form for which respective unit prices are asked, said quantities are estimated or approximate and are to be used by the Department only for the purpose of comparing on a uniform basis bids offered for the work. The Department does not, expressly or by implication, agree that the actual quantity of work will correspond therewith. 2.2.2 After determining the low bidder by comparison of bids submitted in accordance with the proposal form and Section 3.1 CONSIDERATION OF PROPOSALS; CANCELLATION in these specifications, the quantities of unit price items of work may increase or decrease. 2.2.3 On unit price bids, payment will be made only for the actual number of units incorporated into the finished project at the unit price bid, subject to Section 4.7 VARIATIONS IN ESTIMATED QUANTITIES. 2.3 CONTENTS OF PROPOSAL FORMS 2.3.1 Prospective bidders will be furnished with proposal forms giving the location, description, and the contract time of the work contemplated for which a lump sum bid price is asked or containing a schedule of items, together with estimated quantities of work to be performed and materials to be furnished, for which unit bid prices and/or lump sum bid prices are asked. 2.3.2 All papers bound with or attached to the proposal form shall be considered a part thereof and shall not be detached or altered when the proposal is submitted. 2.3.3 The drawings, specifications, and other documents designated in the proposal form will also be considered a part thereof whether attached or not. 2.3.4 By submitting a bid on the proposal form, a bidder accepts the language therein as its own.


2.4 THE SITE AND PROPOSED CONTRACT DOCUMENTS 2.4.1 The Bidder shall examine carefully the Project Site contemplated and the proposal, drawings, specifications, and supplemental specifications, SPECIAL CONDITIONS, and any documents or items referenced therein and contract and bond forms therefore. The submission of a bid shall be considered as a warranty that the Bidder has made such examination and is informed of the conditions to be encountered in performing the Work and of the requirements of the drawings, specifications, and supplemental specifications, SPECIAL CONDITIONS, and any documents or items referenced therein, and contract and bonds. 2.5 ADDENDA AND BID CLARIFICATIONS 2.5.1 The terms and requirements of the bid documents (i.e. drawings, specifications and other bid and contract documents) cannot be changed prior to the bid opening except by a duly issued addenda or bid clarification. 2.5.2 The Department may alter, increase or decrease the scope of the work or the contract time, provisions and conditions by issuing a written addendum which sets forth such alterations, increase or decrease. 2.5.3 Bid Discrepancy – If a bidder discovers what it considers to be a discrepancy, ambiguity, omission or doubt as to the meaning of drawings, specifications, and any other bid or contract documents, the bidder shall request in writing no less than 14 days before the bids are opened. 2.5.4 Addenda to the bid documents will be provided to all prospective bidders at the respective offices furnished for such purposes. Each addendum shall be in addition to the Contract Documents. 2.5.5 Upon providing an addenda, all bidders shall be deemed to be on notice of the information therein whether or not the addendum or bid clarification is actually received. All addenda and bid clarifications so issued shall become part of the Contract Documents. 2.5.6 No claim for additional compensation and/or time for performance will be allowed if the Contractor discovered, or in the exercise of reasonable care, should have discovered a discrepancy, ambiguity, omission or doubt for which an interpretation was not requested. 2.6 SUBSTITUTION BEFORE CONTRACT AWARD 2.6.1 For Substitutions after the Letter of Award is issued; refer to Section 6.3 SUBSTITUTION AFTER CONTRACT AWARD.


2.6.2 Unless specifically required otherwise in the contract documents, Offerors shall not submit products, materials, equipment, articles or systems for review or approval prior to submitting their Offers. 2.6.3 Offerors shall prepare their Offer forms based on the performance requirements of the materials, equipment, articles or systems noted on the drawings and specifications. If trade names, makes, catalog numbers or brand names are specified, Offerors shall infer that these items indicate the quality, style, appearance or performance of the material, equipment, article, or systems to be used in the project. 2.7 PREPARATION OF PROPOSAL 2.7.1 The Bidder’s proposal must be submitted on the proposal form furnished by the Department. The proposal must be prepared in full accordance with the instructions thereon. The Bidder must state, both in words and numerals, the lump sum price or total sum bid at which the work contemplated is proposed to be done. These prices must be written in ink or typed. In case of a discrepancy between the prices written in words and those written in figures, the words shall govern over the figures. The Bidder shall sign the proposal in the spaces provided with ink. By submitting a bid, the Bidder adopts the language of the proposal as its own. 2.7.2 If the proposal is made by an individual, the person’s name and post office address must be shown in the space provided. If made by a partnership, the name and post office address of each member of the partnership must be shown and the proposal signed by all partners or evidence in the form of a partnership agreement must be submitted showing the authority of the partner to enter, on behalf of said partnership, into contract with the State. If made by a corporation, the proposal must show the name, titles, and business address of the president, secretary and treasurer and also evidence in the form of a corporate resolution must be submitted showing the authority of the particular corporate representative to enter on behalf of said corporation into contract with the State. If made by a joint venture the name and post office address of each member of the individual firm, partnership or corporation comprising the joint venture must be shown with other pertinent information required of individuals, partnerships or corporations, as the case may be. The proposal must be signed by all members to the joint venture or evidence in the form of a Joint-Venture Agreement must be submitted showing the authority of the joint-venture’s representative to enter on behalf of said joint-venture into contract with State. 2.7.3 Pursuant to the requirements of Section 103D-302, HRS, each Bidder shall include in its bid the name of each person or firm to be engaged by the Bidder on the project as joint contractor or subcontractor indicating also the nature and scope of work to be performed by such joint contractor and/or subcontractor. If the Bidder fails to list a joint contractor or subcontractor, the State may accept the bid if it is in the Stateʻs best interest and the value of the work to be performed by the joint contractor or


subcontractor is equal to or less than one percent of the total bid amount. The Bidder shall be solely responsible for verifying that their joint contractor or subcontractor has the proper license at the time of the submitted bid. 2.8 BID SECURITY §3-122-223(d) HAR 2.8.1 Subject to the exceptions in Section 3-122-223(d) HAR, all lump sum bids of $25,000 and higher, or lump sum base bids including alternates of $25,000 and higher, that are not accompanied by bid security are non-responsive. Bid security shall be one of the following: §3-122-222(a) HAR 2.8.1.1 Surety bid bond underwritten by a company licensed to issue bonds in this State which shall be substantially in the form of the Surety Bid Bond form in the Appendix; or 2.8.1.2 Legal Tender; or 2.8.1.3 Certificate of Deposit; Credit Union share certificate; or cashier’s, treasurer’s, teller’s or official check drawn by, or a certified check accepted by, and payable on demand to the State by a bank, savings institution, or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.

(a) These instruments must be utilized 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 accepted.

(c) CAUTION – Bidders are cautioned that certificates of deposit or share certificates with an early withdrawal penalty must have a face value sufficient to cover the maximum penalty amount in addition to the proposal guaranty requirement. If the certificate is made out to two names, the certificate must be assigned unconditionally to the Administrative Director of the Courts.

2.8.2 Unless otherwise stated, the bid security shall be in an amount equal to at least five percent (5%) of the lump sum bid or lump sum base bid including alternates or in an amount required by the terms of the federal funding, where applicable. 2.8.3 If the Bidder is a corporation, evidence in the form of a corporate resolution, authorizing the corporate representative to execute the bond must be submitted with the proposal. (See sample in the Appendix.) If the Bidder is a partnership, all partners must sign the bond or evidence in the form of a partnership agreement must be submitted showing the authority of the partner. 2.8.4 If the Bidder is a joint venture, all parties to the joint venture must sign the bond; provided, that one party to the joint venture may sign on behalf of the joint venture if


evidence in the form of a joint venture agreement or power of attorney is submitted showing the authority of the signatory to sign the bond on behalf of the joint venture. 2.8.5 In the case where the award will be made on a group or item basis, the amount of bid security shall be based on the total bid for all groups or items submitted. 2.8.6 Bidders are cautioned that surety bid bonds which place a limit in value to the difference between the bid amount and the next acceptable bid, such value not to exceed the purported amount of the bond, are not acceptable. Also, surety bid bonds which place a limit on the right of the State to make claim other than allowed by statutes or these GENERAL CONDITIONS are not acceptable. Bidders are hereby notified that a surety bid bond containing such limitation(s) is not acceptable and a bid accompanied by such bid bond will be automatically rejected. 2.9 DELIVERY OF PROPOSALS – The entire proposal shall be placed together with the bid security, in a sealed envelope no smaller than 9-1/2” x 12” so marked as to indicate the identity of the project, the project number, the date of bid opening and the name and address of the bidder and then delivered as indicated in the Notice to Contractors. Bids which do not comply with this requirement may not be considered. Proposals will be received up to the time fixed in the public notice for opening of bids and must be in the hands of the official by the time indicated. The words “SEALED BID” must be clearly written or typed on the face of the sealed envelope containing the proposal and bid security. 2.10 WITHDRAWAL OR REVISION OF PROPOSAL – may be modified prior to the deadline to submit the offers by any of the following documents. 2.10.1 Withdrawal of Proposals: 2.10.1.1 A signed, written notice received in the office designated in the solicitation; or 2.10.1.2 A written notice faxed to the office designated in the solicitation; or 2.10.2 Modification of Proposals 2.10.2.1 A written notice received in the office designated in the solicitation, stating that a modification to the offer is submitted; and 2.10.2.2 The actual modification sealed securely in a separate envelope or container, accompanying the written notice.


2.11 PUBLIC OPENING OF PROPOSALS – Proposals will be opened and read publicly at the time and place indicated in the Notice to Contractors. Bidders, their authorized agents and other interested parties are invited to be present. 2.12 DISQUALIFICATION OF BIDDERS – Any one or more of the following causes will be considered as sufficient for the disqualification of a Bidder and the rejection of its proposal or proposals: 2.12.1 Non-compliance with Section 2.1 QUALIFICATION OF BIDDERS. 2.12.2 Evidence of collusion among bidders. 2.12.3 Lack of responsibility and cooperation as shown by past work such as failing to complete all of the requirements to close the project within a reasonable time or engaging in a pattern of unreasonable or frivolous claims for extra compensation. 2.12.4 Being in arrears on existing contracts with the State of Hawaii, or having defaulted on a previous contract with the State of Hawaii. 2.12.5 Lack of proper equipment and/or sufficient experience to perform the work contemplated, as revealed by the Standard Questionnaire and Financial Statement for Bidders. 2.12.6 No contractor’s license or a contractor’s license which does not cover type of work contemplated. 2.12.7 More than one proposal for the same work from an individual, firm, partnership, corporation or joint venture under the same or different name. 2.12.8 Delivery of bids after the deadline specified in the advertisement calling for bids. 2.12.9 Failure to pay, or satisfactorily settle, all bills overdue for labor and materials of former contracts in force at the time of issuance of proposal forms. 2.12.10 Debarment or suspension pursuant to the provisions of Chapters 103D, 104 and 444, Hawaii Revised Statutes, as amended. 2.13 PROTEST 2.13.1 Protests shall be adjudicated in accordance with §103D-701, HRS and as amended.


2.13.2 No Protest based upon the contents of the solicitation shall be considered unless it is submitted in writing to the Administrative Director of the Courts prior to the date set for the receipt of proposals. 2.13.3 A protest of an award or proposed award pursuant to §103D-302 or §103D-303, HRS, shall be submitted in writing to the Adminstrative Director of the Courts within five (5) working days after the posting of the award of the Contract. 2.13.4 All protests must be received at Financial Services Division (FSD), 1111 Alakea, Sixth Floor, Honolulu, HI 96813 by the appropriate deadline. Timely receipt shall be evidenced by the date and time registered by the FSD time stamp clock. If the bidder chooses to deliver its protest by the United States Postal Service (USPS), the documents shall be sent to Financial Services Division, 1111 Alakea, Sixth Floor, Honolulu, HI 96813. USPS does not deliver directly to Financial Services Division and mail must be processed through a mail room. This may cause a delay in receipt by Financial Services. The Protestor bears the sole responsibility for ensuring that the protest letter / documentation is delivered by the appropriate deadline. 2.13.5 In addition to any other relief, when a protest is sustained and the protestor should have been awarded the contract under the solicitation but is not, then the protestor shall be entitled to actual costs reasonably incurred in connection with the solicitation, including bid or proposal preparation costs but not attorney’s fees.

ARTICLE 3 – Award and Execution of Contract 3.1 CONSIDERATION OF PROPOSALS; CANCELLATION – After the proposals are opened and read, the figures will be extended and/or totaled in accordance with the bid prices of the acceptable proposals and the totals will be compared and the results of such comparison shall be made public. In the event of a tie bid, the low bidder shall be determined by lot. In the comparison of bids, words written in the proposals will govern over figures and unit prices will govern over totals. Until the award of the contract, the Department may cancel the solicitation, reject any and all proposals in whole or part and may waive any defects or technicalities whenever such action is deemed to be in the best interest of the State. 3.2 IRREGULAR PROPOSALS – Proposals will be considered irregular and may be rejected for the following reasons: 3.2.1 If the proposal is unsigned.


3.2.2 If bid security is not in accordance with Section 2.8 BID SECURITY. 3.2.3 If proposal is on a form other than that furnished by the Department; or if the form is altered or any part thereof detached. 3.2.4 If the proposal shows any non-compliance with applicable law, alteration of form, additions not called, conditional bids, incomplete bids, non-initialed erasures, other defects, or if the prices are obviously unbalanced. 3.2.5 If the Bidder adds any provisions reserving the right to accept or reject an award. 3.2.6 If the Bidder adds any provisions reserving the right to enter into a contract pursuant to an award. 3.2.7 When a proposal is signed by an officer or officers of a corporation and a currently certified corporate resolution authorizing such signer(s) to submit such proposal is not submitted with the proposal or when the proposal is signed by an agent other than the officer or officers of a corporation or a member of a partnership and a power of attorney is not submitted with the proposal. 3.2.8 When there is an incomplete or ambiguous listing of joint contractors and/or subcontractors the offer may be rejected. Bidders are solely responsible to ensure that their subcontractor listing is complete (i.e. all work which is not listed as being performed by joint contractors and/or subcontractors can be performed by the bidder using its license(s)). Additions to the subcontractor listing by the bidder will not be allowed after bid opening. When there is an ambiguity, as determined by The Judiciary, as to the completeness of the listing, The Judiciary reserves the right to seek information from the bidder to determine whether, in Judiciaryʻs discretion, the listing is an error that may be forgiven. 3.2.9 If in the opinion of the Administrative Director of the Courts, the Bidder and its listed subcontractors do not have the contractor’s licenses or combination of contactor’s licenses necessary to complete all of the work. 3.3 CORRECTION OF BIDS AND WITHDRAWAL OF BIDS §3-122-31 HAR 3.3.1 Corrections to bids after bid opening but prior to award may be made under the following conditions: 3.3.1.1 If the mistake is attributable to an arithmetical error, the Administrative Director of the Courts shall so correct the mistake. In case of error in extension of bid price, the unit price shall govern. 3.3.1.2 If the mistake is a minor informality which shall not affect price, quantity, quality, delivery, or contractual conditions, the Bidder shall request correction by


submitting proof of evidentiary value which demonstrates that a mistake was made. The Administrative Director of the Courts shall prepare a written approval or denial in response to this request. Examples of such mistakes include:

(a) Typographical errors; (b) Transposition errors; (c) Failure of a Bidder to sign the bid, but only if the unsigned bid is accompanied

by other material indicating the Bidder’s intent to be bound. 3.3.1.3 For reasons not allowable under paragraphs 3.3.1.1 and 3.3.1.2 when the Administrative Director of the Courts determines that the correction or waiver of an obvious mistake is in the best interest of the Department or is warranted for the fair treatment of other bidders. 3.3.2 Withdrawal of bids after bid opening but prior to award may be made when the bid contains a mistake attributable to an obvious error which affects price, quantity, quality, delivery, or contractual conditions, and the bidder requests withdrawal by submitting proof of evidentiary value which demonstrates that a mistake was made. The Administrative Director of the Courts shall prepare a written approval or denial in response to this request. 3.3.3 Correction or withdrawal of bids after award is not permissible except in response to a written withdrawal or correction request by the Contractor, and the Administrative Director of the Courts makes a written determination that the Department’s procurement practices and policies would not be materially affected by such correction or withdrawal. 3.4 AWARD OF CONTRACT 3.4.1 The award of contract, if it be awarded, will be made within sixty (60) consecutive calendar days after the opening of the proposals to the lowest responsible and responsive Bidder (including the alternate or alternates which may be selected by the Administrative Director of the Courts in the case of alternate bids) whose proposal complies with all the requirements prescribed, but in no case will an award be made until all necessary investigations are made. The successful Bidder will be notified, by letter mailed to the address shown on the proposal, that its bid has been accepted and that it has been awarded the contract. 3.4.2 If the contract is not awarded within the sixty (60) days noted in paragraph 3.4.1 above, the Department may request the successful Bidder to extend the time for the acceptance of its bid. The Bidder may reject such a request without penalty; and in such case, the Department may at its sole discretion make a similar offer to the next lowest responsive and responsible bidder and so on until a bid is duly accepted or until the Department elects to stop making such requests.


3.4.3 No contract will be awarded to any person or firm suspended or debarred under the provisions of Chapters 103D, 104 and Chapter 444, Hawaii Revised Statutes, as amended. 3.4.4 The contract will be drawn on the offer forms furnished by the Administrative Director of the Courts. The contract will not be binding on the Department until all required signatures have been affixed thereto and written certification that funds are available for the work has been made. 3.5 CANCELLATION OF AWARD – The Department reserves the right to cancel the award of any contract at any time before the execution of said contract by all parties. The exclusive remedy to the awardee for such cancellation shall be payment of the reasonable bid preparation costs and the reimbursement of direct expenses incurred as directed in the Notice of Award. Such cancellation will not incur any liability by the Department to any other Bidder. 3.6 RETURN OF BID SECURITY – All bid securities, except those of the four (4) lowest Bidders, will be returned following the opening and checking of the proposals. The retained bid securities of the four lowest Bidders will be returned within five (5) working days following the complete execution of the contract. 3.7 REQUIREMENT OF PERFORMANCE AND PAYMENT BONDS 3.7.1 Performance and Payment Bonds shall be required for contracts $25,000 and higher. At the time of contract award, the successful Bidder shall file good and sufficient performance and payment bonds on the form furnished by the Department (see Appendix), each in an amount equal to one hundred percent (100%) of the amount of the contract price unless otherwise stated in the solicitation of bids. Acceptable performance and payment bonds shall be limited to the following: 3.7.1.1 Surety bonds underwritten by a company licensed to issue bonds in this State; or 3.7.1.2 A certificate of deposit; credit union share certificate; or cashier’s, treasurer’s, teller’s or official check drawn by, or a certified check accepted by, and payable on demand to the State by a bank, savings institution, or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.

(a) These instruments may be utilized only 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.

3.7.2 If the Contractor fails to deliver the required performance and payment bonds, the contractor’s award shall be canceled, the Department shall have the remedies provided under Section 3.9 FAILURE TO EXECUTE THE CONTRACT and award of the contract shall be made to the next lowest responsible and responsive bidder. 3.7.3 For additional Performance and Payment Bond requirements due to changes in the contract amount after contract award, see section 4.2.4.2 Additional Performance and Payment Bond Increases. 3.8 CAMPAIGN CONTRIBUTIONS BY STATE AND COUNTY CONTRACTORS – Contractors are hereby notified of the applicability of Section 11-355 HRS, 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. 3.9 EXECUTION OF THE CONTRACT 3.9.1 Upon acceptance of the successful bidderʻs offer by the Administrative Director of the Courts, the contractor shall provide satisfactory performance and payment bonds within ten (10) calendar days after award of the contract or within such further time as granted by the Administrative Director of the Courts. No proposal or contract shall be considered binding upon the State until the contract has been fully and properly executed by all parties thereto and the Administrative Director of the Courts has endorsed thereon its certificate, as required by Section 103D-309, HRS, that there is an available unexpended appropriation or balance of an appropriation over and above all outstanding contracts sufficient to cover the State’s amount required by such contract. 3.9.2 On any individual award totaling less than $25,000, the State reserves the right to execute the contract by the issuance of a State Purchase Order. Issuance of a State Purchase Order shall result in a binding contract between the parties without further action by the State. The issuance of a State Purchase Order shall not be deemed a waiver of these General Conditions and Contract Document requirements. 3.10 FAILURE TO EXECUTE THE CONTRACT 3.10.1 Before the Award – If a low bidder without legal justification withdraws its bid after the opening of bids but before the award of the contract, the State shall be entitled to retain as liquidated damages the amount established as bid security, and may take


all appropriate actions to recover the liquidated damages sum from the property or third-party obligations deposited as bid security. 3.10.2 After the Award – If the Bidder to whom a contract is awarded shall fail or neglect to enter into the contract and to furnish satisfactory security within ten (10) calendar days after such award or within such further time as the Administrative Director of the Courts may allow, the State shall be entitled to recover from such Bidder its actual damages, including but not limited to the difference between the bid and the next lowest responsive bid, as well as personnel and administrative costs, consulting and legal fees and other expenses incurred in arranging a contract with the next low responsive bidder or calling for new bids. The State may apply all or part of the amount of the bid security to reduce its damages. If upon determination by the State of the amount of its damages the bid security exceeds that amount, it shall release or return the excess to the person who provided same. 3.10.3 Administrative Director of the Court’s Options – Upon a withdrawal of the lowest responsive bid, or upon a refusal or failure of the lowest Bidder to execute the contract, the Administrative Director of the Courts may thereupon award the contract to the next lowest responsible and responsive Bidder or may call for new bids, whichever method the Administrative Director of the Courts may deem to be in the best interests of the State. 3.11 NOTICE TO PROCEED 3.11.1 After the contract is fully executed and signed by the Administrative Director of the Courts, the Contractor will be sent a formal Notice to Proceed letter advising the Contractor of the date on which it may proceed with the work. The Contractor shall be allowed ten (10) consecutive working days from said date to begin its work. In the event that the Contractor refuses or neglects to start the work, the Administrative Director of the Courts may terminate the contract in accordance with Section 7.27 TERMINATION OF CONTRACT FOR CAUSE. 3.11.2 The Contractor may commence its operations strictly at its own risk prior to receipt of the formal notice to proceed, provided it makes a written request and has received approval from the Engineer in writing. All work performed shall be conducted in accordance with Section 7.1 PROSECUTION OF THE WORK. 3.11.3 In certain cases, the State, with agreement of the Contractor, may issue a Notice to Proceed before full execution of the contract by the Administrative Director of the Courts and it may further issue a Notice to Proceed concurrently with the Notice of Award. 3.11.4 In the event the Notice to Proceed is not issued within one hundred and eighty (180) days after the date of the award of the contract the Contractor may submit a claim for increased labor and material costs (but not overhead costs) which are directly


attributable to the delay beyond the first 180 days. Such claims shall be accompanied by the necessary documentation to justify the claim. No payment will be made for escalation costs that are not fully justified.

GENERAL CONDITIONS

ARTICLE 4 – Scope of Work 4.1 INTENT OF CONTRACT, DUTY OF CONTRACTOR – The intent of the Contract is to provide for the construction, complete in every detail, of the Work described at the accepted bid price and within the time established by the contract. The Contractor has the duty to furnish all labor, materials, equipment, tools, transportation, incidentals and supplies and to determine the means, methods and schedules required to complete the work in accordance with the drawings, specifications and terms of the contract. 4.2 CHANGES – The Engineer may at any time, during the progress of the work, by written order, and without notice to the sureties, make changes to the work as may be found to be necessary or desirable. Such changes shall not invalidate the Contract nor release the Surety, and the Contractor will perform the work as changed, as though it had been a part of the original Contract. 4.2.1 Minor Changes – Minor changes in the work may be directed by the Engineer with no change in contract price or time of performance. Minor changes are consistent with the intent of the Contract Documents and do not substantially alter the type of work to be performed or involve any adjustment to the contract sum or extension of the contract time. 4.2.2 Oral Orders 4.2.2.1 Any oral order, direction, instruction, interpretation or determination from the Engineer or any other person which in the opinion of the Contractor causes any change, shall be considered as a change only if the Contractor gives the Engineer written notice of its intent to treat such oral order, direction, instruction, interpretation or determination as a change directive. Such written notice must be delivered to the Engineer before the Contractor acts in conformity with the oral order, direction, instruction, interpretation or determination, but not more than five (5) days after delivery of the oral order to the Contractor. The written notice shall state the date, circumstances, whether a time extension will be requested, and source of the order that the Contractor regards as a change. Such written notice may not be waived and shall be a condition precedent to the filing of any claim by the Contractor. Unless the Contractor acts in accordance with this procedure, any such oral order shall not be


treated as a change for which the Contractor may make a claim for an increase in the contract time or contract price related to such work. 4.2.2.2 No more than five (5) days after receipt of the written notice from the Contractor, a Field Order shall be issued for the subject work if the State agrees that it constitutes a change. If no Field Order is issued in the time established, it shall be deemed a rejection of Contractor’s claim for a change. If the Contractor objects to the failure to issue a Field Order, it shall file a written protest with the Engineer within thirty (30) days after delivery to the Engineer of the Contractor’s written notice of its intention to treat the oral order as a change. In all cases, the Contractor shall proceed with the work. The protest shall be determined as provided in Section 7.25 DISPUTES AND CLAIMS. 4.2.3 Field Orders – Upon receipt of a Field Order, the Contractor shall proceed with the changes as ordered. If the Contractor does not agree with any of the terms or conditions or in the adjustment or non-adjustment to the contract time and/or contract price, Contractor shall file a notice of intent to claim within thirty (30) calendar days after receipt of the written Field Order that was not agreed upon by both parties. Failure to file such protest within the time specified shall constitute agreement on the part of the Contractor with the terms, conditions, amounts and adjustment or non-adjustment to contract price and/or contract time set forth in the Field Order. The requirement for timely written notice shall be a condition precedent to the assertion of a claim. 4.2.4 Change Orders 4.2.4.1 The Department will issue sequentially numbered Change Orders at times it deems appropriate during the contract period. A change order may contain the adjustment in contract price and/or time for a number of Field Orders. The Change Order will be issued in the format attached (refer to Appendix). No payment for any change will be made until the change order is issued. 4.2.4.2 Performance and Payment Bond Increases. When the contract price is increased, performance and payment bonds shall each be automatically increased in amounts equal to 100% of the increase in contract price. 4.2.4.3 Upon receipt of a change order, if the Contractor does not agree with any of the terms or conditions or in the adjustment or non-adjustment to the contract price or contract time, the Contractor shall not execute or sign the change order, but shall return the unsigned change order, along with a written notification of the conditions or items that are in dispute. 4.2.4.4 If the Contractor signs or executes the change order, this constitutes an agreement on the part of the Contractor with the terms and conditions of the change order. A change order that is mutually agreed to and signed by the parties of the contract constitutes a contract modification.


4.2.5 Claim Notification – The Contractor shall file a notice of intent to claim for a disputed change order within 30 calendar days after receipt of the written order. Failure to file the protest within the time specified constitutes an agreement on the part of the Contractor with the terms, conditions, amounts and adjustment or non-adjustment to contract price or contract time set forth in the disputed change order. The requirement for timely written notice shall be a condition precedent to the assertion of a claim. 4.2.6 Proceeding with Directed Work – Upon receipt of a contract modification, change order, or field order, the Contractor shall proceed with the directed changes and instructions. The Contractorʻs right to make a claim for additional compensation or an extension of time for completion is not affected by proceeding with the changes and instructions described in a change order and field order. 4.2.7 Pricing or Negotiating Costs Not Allowed – The Contractorʻs cost of responding to requests for price or time adjustments is included in the contract price. No additional compensation will be allowed unless authorized by the Contracting Officer. 4.3 DUTY OF CONTRACTOR TO PROVIDE PROPOSAL FOR CHANGES 4.3.1 A Field Order may request the Contractor to supply the Department with a proposal for an adjustment to the contract time or contract price for the work described therein. Any such request for a proposal shall not affect the duty of the Contractor to proceed as ordered with the work described in the Field Order. 4.3.2 The Engineer from time to time may issue a Bulletin to the Contractor requesting price and/or time adjustment proposals for contemplated changes in the work. A Bulletin is not a directive for the Contractor to perform the work described therein. 4.3.3 Within fifteen (15) days after receipt of a Bulletin or a Field Order containing a request for proposal, the Contractor shall submit to the Engineer a detailed written statement in a format similar to the one shown in the Appendix to these General Conditions setting forth all charges the Contractor proposes for the change and the proposed adjustment of the contract time, all properly itemized and supported by sufficient substantiating data to permit evaluation. No time extension will be granted for delays caused by late Contractor pricing of changes or proposed changes. If the project is delayed because Contractor failed to submit the cost proposal within the fifteen (15) days, or as allowed by the Engineer, liquidated damages will be assessed in accordance with Section 7.26 FAILURE TO COMPLETE THE WORK ON TIME. 4.4 PRICE ADJUSTMENT HRS 103D-501 4.4.1 A fully executed change order or other document permitting billing for the adjustment in price under any method listed in paragraphs (4.4.1.1) through (4.4.1.5)


shall be issued within ten days after agreement on the price adjustment. Any adjustment in the contract price pursuant to a change or claim in this contract shall be made in one or more of the following ways: 4.4.1.1 By agreement to a fixed price adjustment before commencement of the pertinent performance; 4.4.1.2 By unit prices specified in the contract or subsequently agreed upon before commencement of the pertinent performance; 4.4.1.3 Whenever there is a variation in quantity for any work covered by any line item in the schedule of costs submitted as required by Section 7.2 COMMENCEMENT REQUIREMENTS, by the Department at its discretion, adjusting the lump sum price proportionately; 4.4.1.4 FORCE ACCOUNT METHOD. At the sole option of the Contracting Officer, by the costs attributable to the event or situtation covered by the change, plus appropriate profit or fee, all as specified in Section 4.5 ALLOWANCES FOR OVERHEAD AND PROFIT and the force account provision of Section 8.3 PAYMENT FOR ADDITIONAL WORK before commencement of the pertinent performance; 4.4.1.5 In such other manner as the parties may mutually agree upon before commencement of the pertinent performance; 4.4.1.6 In the absence of an agreement between the two parties: 4.4.1.6.a For change orders with a value not exceeding $50,000 by documented actual costs of the work, allowing for overhead and profit as set forth in Section 4.5 ALLOWANCES FOR OVERHEAD AND PROFIT. A change order shall be issued within fifteen days of submission by the contractor of proper documentation of completed force account work, whether periodic (conforming to the applicable billing cycle) or final. The contracting officer shall return any documentation that is defective to the contractor within fifteen days after receipt, with a statement identifying the defect; or 4.4.1.6.b For change orders with a value exceeding $50,000 by a unilateral determination by the Contracting Officer of the reasonable and necessary costs attributable to the event or situation covered by the change, plus appropriate profit or fee, all as computed by the Contracting Officer in accordance with applicable sections of Chapters 3-123 and 3-126 of the Hawaii Administrative Rules, and Section 4.5 ALLOWANCES FOR OVERHEAD AND PROFIT. When a unilateral determination has been made, a unilateral change order shall be issued within ten days. Upon receipt of the unilateral change order, if the contractor does not agree with any of the terms or conditions, or the adjustment or nonadjustment of the contract time or contract price, the contractor shall file a notice of intent to claim within thirty days after the receipt of the written unilateral change order. Failure to file a protest within the time specified shall constitute agreement on the part of the contractor with the terms, conditions, amounts


and adjustment or nonadjustment of the contract time or the contract price set forth in the unilatateral changer order. 4.4.2 Cost or Pricing Data – Contractor shall provide and certify cost or pricing data for any price adjustment to a contract involving aggregate increases and decreases in costs plus applicable profits expected to exceed $100,000. The certified cost or pricing data shall be subject to the provisions of HAR chapter 3-122, subchapter 15. 4.5 ALLOWANCES FOR OVERHEAD AND PROFIT HRS 103D-501 4.5.1 In determining the cost or credit to the Department resulting from a change, the allowances for all overhead, including, extended overhead resulting from adjustments to contract time (including home office, branch office, and field overhead and related delay impact costs) and profit combined, shall not exceed the percentages set forth below: 4.5.1.1 For the Contractor, for any work performed by its own labor forces, twenty percent (20%) of the direct cost; 4.5.1.2 For each subcontractor involved, for any work performed by its own forces, twenty percent (20%) of the direct cost; 4.5.1.3 For the Contractor or any subcontractor for work performed by their subcontractors, ten percent (10%) of the amount due the performing subcontractor. 4.5.2 Not more than three markup allowance line item additions not exceeding the maximum percentage shown above will be allowed for profit and overhead, regardless of the number of tier subcontractors. 4.5.3 The allowance percentages will be applied to all credits and to the net increase of direct costs where work is added and deleted by the changes. 4.6 PAYMENT FOR DELETED MATERIAL 4.6.1 Canceled Orders – If acceptable material was ordered by the Contractor for any item deleted by an ordered change in the work prior to the date of notification of such deletion by the Engineer, the Contractor shall use its best efforts to cancel the order. The Department shall pay reasonable cancellation charges required by the supplier excluding any markup for overhead and profit to the Contractor. 4.6.2 Returned Materials – If acceptable deleted material is in the possession of the Contractor or is ultimately received by the Contractor, if such material is returnable to the supplier and the Engineer so directs, the material shall be returned and the Contractor will be paid for the reasonable charges made by the supplier for the return of the material, excluding any markup for overhead and profit to the Contractor. The cost


to the Contractor for handling the returned material will be paid for as provided in Section 4.4 PRICE ADJUSTMENT. 4.6.3 Uncancelled Materials – If orders for acceptable deleted materials cannot be canceled at a reasonable cost, it will be paid for at the actual cost to the Contractor including an appropriate markup for overhead and profit as set forth in Section 4.5 ALLOWANCES FOR OVERHEAD AND PROFIT. In such case, the material paid for shall become the property of the State and the cost of further storage and handling shall be paid for as provided in Section 4.4 PRICE ADJUSTMENT. 4.7 VARIATIONS IN ESTIMATED QUANTITIES §3-125-10 HAR 4.7.1 Where the quantity of a major unit price item in this contract is estimated on the proposal form and where the actual quantity of such pay item varies more than fifteen percent (15%) above or below the estimated quantity stated in this contract, an adjustment in the contract price shall be made upon demand of either party. The adjustment shall be based upon any increase or decrease in costs due solely to the variation above one hundred fifteen percent (115%) or below eighty-five percent (85%) of the estimated quantity. The adjustment shall be subject to Section 4.4 PRICE ADJUSTMENT and Section 4.5 ALLOWANCES FOR OVERHEAD AND PROFIT. If the quantity variation is such as to cause an increase in the time necessary for completion, the Engineer shall, upon receipt of a written request for an extension of time within thirty (30) days of the item’s completion, ascertain the facts and make such adjustment to the completion date as the Engineer finds justified. 4.8 VARIATIONS IN BOTTOM ELEVATIONS The Contractor shall plan and construct to the bottom elevations of footings, piles, drilled shafts, or cofferdams as shown on the drawings. When the bottom of a pile, drilled shaft or cofferdam is shown as an estimated or approximate elevation, the Contractor shall plan and construct to that elevation or to any deeper elevation required by the drawings or direction of the Engineer. In the event the bottom elevation is lowered, the Contractor shall be entitled to additional payment in accordance with Sections 4.4 PRICE ADJUSTMENT and 4.5 ALLOWANCES FOR OVERHEAD AND PROFIT. In the event the bottom elevation is raised, the State shall be entitled to a credit in accordance with Section 4.2 CHANGES, 4.4 PRICE ADJUSTMENT and 4.5 ALLOWANCES FOR OVERHEAD AND PROFIT. 4.9 DIFFERING SITE CONDITIONS §3-125-11 HAR 4.9.1 During the progress of the work, if the Contractor encounters conditions at the site differing materially from those shown in the drawings and specifications, Contractor


shall promptly, and before any such conditions are disturbed or damaged (except in an emergency as required by section 7.17.8), notify the Engineer in writing of: 4.9.1.1. Subsurface or latent physical conditions at the site differing materially from those indicated in the contract; or 4.9.1.2 Unknown physical conditions at the site, of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract. 4.9.2. After receipt of written notice, the Engineer shall promptly investigate the site, and if it is found that such conditions do materially differ and cause an increase in the Contractor’s cost of, or the time required to, perform any part of the Work, whether or not changed as a result of such conditions, an adjustment shall be made and the contract modified accordingly. Any adjustment in contract price made pursuant to this Section 4.9 shall be determined in accordance with Sections 4.4 PRICE ADJUSTMENT and 7.25 DISPUTES AND CLAIMS. 4.9.3 Nothing contained in this Section 4.9 shall be grounds for an adjustment in compensation if Contractor had actual knowledge or should have known of the existence of such conditions prior to the submission of bids. 4.10 UTILITIES AND SERVICES 4.10.1 The cost of all the following will be included in the contract price and the Contractor shall be fully responsible for: 4.10.1.1 Reviewing and checking all such information and data, 4.10.1.2 Locating all underground and overhead utilities shown or indicated in the contract documents, 4.10.1.3 Coordination of the Work with the Owners of such underground and overhead utilities during construction; and 4.10.1.4 The safety and protection of all such underground and overhead utilities as provided in Section 7.17 PROTECTION OF PERSONS AND PROPERTY and repairing any damage thereto resulting from the work. 4.10.2 Unknown Utilities – During the progress of the work, if an underground utility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, or found at a location that is substantially different than shown or indicated in the Contract Documents, Contractor shall promptly, and before any such conditions are disturbed or damaged (except in an emergency as required by subsection 7.17.8), notify the Engineer. Contractor shall be responsible for the safety


and protection of the underground utility as provided in Section 7.17 PROTECTION OF PERSONS AND PROPERTY. Refer to subsections 4.9.2 and 4.9.3. 4.10.3 If the Engineer determines a change in the Contract Documents is required, a Field Order or Change Order will be issued. Upon issuance of a duly authorized Field Order or Change Order regarding the disposition of a newly discovered utility, Contractor shall be responsible for damages to the utility, including any damage claims due to the disruption of service caused by the utility being damaged. 4.10.4 Restoration of Damaged Utilities – The Contractor shall repair and restore to pre-damaged conditions any utilities or any other property it damaged. The Contractor shall be liable for any resulting damages, to the Work or to the utility owner or property owner and shall pay any claim due to the disruption of service caused by the utilities being damaged. Contractor shall defend and save harmless the State from all suits, actions, or claims of any character brought on account of such damages, whether or not the State may have been partially at fault. Contractor shall obtain public liability and property damage insurance pursuant to Article 7 PROSECUTION AND PROGRESS to cover such risk of damage. 4.10.5 In the event the Contractor, simultaneously with the discovery of an unknown utility or other property, damages that utility or other property, the Contractor shall immediately notify the Engineer. If the Contractor is without fault in such a situation, notwithstanding subsection 4.10.4, the Contractor shall not be liable for resulting damages or the defense of the State from claims brought on account of said damages to unknown utilities or other property. Upon instruction from the Engineer, the Contractor shall repair all damages and execute a plan for dealing with the damaged utility or other property. This repair work shall be considered additional work as covered in Section 4.2 CHANGES.

ARTICLE 5 – Control of Work 5.1 AUTHORITY OF THE ENGINEER 5.1.1 The Engineer shall make final and conclusive decisions on all questions which may arise relating to the quality and acceptability of the materials furnished and work performed, the manner of performance and rate of progress of the work, the interpretation of the Contract Documents, the acceptable fulfillment of the contract on the part of the Contractor, the compensation under the Contract and the mutual rights of the parties to the Contract. 5.1.2 The Engineer shall have the authority to enforce and make effective such decisions and orders at the Contractor’s expense when the Contractor fails to carry such decisions and orders out promptly and diligently.


5.1.3 The Engineer shall have the authority to suspend the work wholly or in part as provided in Section 7.24 SUSPENSION OF WORK. 5.1.4 The Engineer may delegate specific authority to act for the Engineer to a specific person or persons. Such delegation of authority shall be established in writing by the Contractor. 5.2 AUTHORITY OF THE INSPECTOR 5.2.1 The Inspector shall observe and inspect the contract performance and materials. The Inspector does not have any authority vested in the Engineer unless specifically delegated in writing. 5.2.2 The Inspector may offer advice and recommendations to the Contractor, but any such advice and recommendations are not directives from the Engineer. 5.2.3 The Inspector has no authority to allow deviations from the Contract Documents and may reject any and all work that the Inspector deems is not in conformity with the contract requirements. Failure of an Inspector at any time to reject non-conforming work shall not be considered a waiver of the Department’s right to require work in strict conformity with the Contract Documents as a condition of final acceptance. 5.3 AUTHORITY OF CONSULTANT(S) - The Department may engage Consultant(s) for limited of full observation to supplement the inspections performed by the State and respective counties. Unless otherwise specified in writing to the Contractor, such retained Consultant(s) will have the authority of a Project Inspector. 5.4 SHOP DRAWINGS AND OTHER SUBMITTALS 5.4.1 The following documents shall be submitted where required by the contract documents: 5.4.1.1 Shop Drawings (a) The Contractor shall prepare, and thoroughly check, approve, all shop drawings, including those prepared by subcontractors or any other persons. The Contractor shall indicate its approval by stamping and signing each drawing. Any shop drawing submitted without being reviewed, stamped and signed will be considered as not having been submitted, and any delay caused thereby shall be the Contractor’s responsibility. (b) Shop drawings shall indicate in detail all parts of an item of work, including erection and setting instructions and engagements with work of other trades or other separate contractors. Shop drawings for structural steel, millwork and pre-cast concrete shall consist of calculations, fabrication details, erection drawings, and other working drawings, as necessary, to show the details, dimensions, sizes of members, anchor bolt


plans, insert locations, and other information necessary for the complete fabrication and erection of the structure to be constructed. (c) All shop drawings as required by the contract, or as determined by the Engineer to be necessary to illustrate details of the Work shall be submitted to the Engineer with such promptness as to cause no delay in the work or in that of any other Contractor. Delay caused by failure of the Contractor to submit shop drawings on a timely basis to allow for review, possible resubmittal and acceptance will not be considered as a justifiable reason for a contract time extension. Contractor, at its own risk, may proceed with the work affected by the shop drawings before receiving acceptance, however, the Department shall not be liable for any costs or time required for the correction of work done without the benefit of accepted shop drawings. (d) It is the Contractor’s obligation and responsibility to check all of its and its subcontractor’s shop drawings and be fully responsible for them and for coordination with connecting and other related work. The Contractor shall prepare, and submit to the Engineer coordination drawings showing the installation locations of all plumbing, piping duct and electrical work including equipment throughout the project. By approving and submitting shop drawings, the Contractor thereby represents that is has determined and verified all field measurements and field construction criteria, or will do so, and that it has checked and coordinated each shop drawing with the requirements of the work and contract documents. When shop drawings are prepared and processed before field measurements and field construction criteria can be or have been determined or verified, the Contractor shall make all necessary adjustments in the work or resubmit further shop drawings, all at no change in contract price or time. 5.4.1.2 Shop Drawing Form – Each drawing and/or series of drawings submitted must be accompanied by a letter of transmittal giving a list of the titles and number of the drawings. Each series shall be numbered consecutively for ready reference and each drawing shall be marked with the following information:

(a) Date of Submission (b) Name of Project (c) Project Number (d) Location of Project (e) Name of submitting Contractor and Subcontractor (f) Revision Number

5.4.1.3 The size of the sheets that shop drawings are prepared on shall be as appropriate to suit the drawing being presented so that the information is clearly and legibly depicted. At the determination of the Engineer, for each sheet of drawings, the submittal shall consist of either; one reproducible transparency and five prints, or eight prints. 5.4.1.4 Descriptive Sheets and Other Submittals. When a submittal is required by the contract, the Contractor shall submit to the Contracting Officer eight (8) complete sets of descriptive sheets such as shop drawings, brochures, catalogs, illustrations, calculations, material safety data sheets (MSDS), certificates, reports, warranty, etc.,


which will completely describe the material, product, equipment, furniture or appliances to be used in the project as shown in the drawings and specifications and how it will be integrated into adjoining construction. Prior to the submittal, the Contractor will review and check all descriptive sheets for conformity to the contract requirements and indicate such conformity by marking or stamping and signing each sheet. Where descriptive sheets include materials, systems, options, accessories, etc. that do not apply to this contract, non-relevant items shall be crossed out so that all remaining information will be considered applicable to this contract. It is the responsibility of the Contractor to submit descriptive sheets for review and acceptance by the Engineer as required at the earliest possible date after the date of award in order to meet the Contract Duration. Delays caused by the failure of the Contractor to submit descriptive sheets as required will not be considered as justifiable reasons for contract time extension. 5.4.1.5 Material Samples and Color Samples – When material and color sample submittals are required by the contract, the Contractor shall submit to the Contracting Officer no less than three (3) samples conforming to Section 6.6 MATERIAL SAMPLES. One sample will be retained by the Consultant, one sample will be retained by the State, and the remaining sample(s) will be returned to the Contractor. Prior to the material and color submittal, the Contractor shall review and check all samples for conformity to the contract requirements and indicate such conformity by marking or stamping and signing each sample. It is the responsibility of the Contractor to submit samples for review and acceptance by the Contracting Officer as required at the earliest possible date after the date of award in order to meet the Contract Duration. Delays caused by the failure of the Contractor to submit material and color samples will not be considered as justification for contract time extension. 5.4.1.6 Unless the technical sections (Divisions 2 – 16) sepcifically require the Contractor furnish a greater quantity of shop drawings and other submittals, the Contractor shall furnish the quantities required by this section. 5.4.2 Submittal Variances – The Contractor shall include with the submittal, written notification clearly identifying all deviations or variances from the contract drawings, specifications and other Contract Documents. The notice shall be in a written form separate from the submittal. The variances shall also be clearly indicated on the shop drawing, descriptive sheet, material sample or color sample. Failure to so notify of and identify such variances shall be grounds for the subsequent rejection of the related work or materials, notwithstanding that the submittal was accepted by the Engineer. If the variances are not acceptable to the Engineer, the Contractor will be required to furnish the item as specified or indicated on the contract documents at no additional cost or time. 5.4.3 Review and Acceptance Process – Submittals will be returned to the Contractor within twenty one (21) days (for projects on Oahu) and twenty five (25) days (for projects on the islands of Hawaii, Maui, Kauai, Molokai and Lanai) after receipt by the Engineer unless otherwise agreed between the Contractor and the Engineer or as stated elsewhere in the contract documents.


5.4.3.1 The acceptance by the Engineer of the Contractor’s submittal relates only to their sufficiency and compliance with the intention of the contract. Acceptance by the Engineer of the Contractor’s submittal does not relieve the Contractor of any responsibility for accuracy of dimensions, details, and proper fit, and for agreement and conformity of submittal with the contract drawings and specifications. Nor will the Engineer’s acceptance relieve the Contractor of responsibility for variance from the contract documents unless the Contractor, at the time of submittal, has provided notice and identification of such variances required by this section. Acceptance of a variance shall not justify a contract price or time adjustment at the time of submittal and the adjustment is explicitly agreed to in writing by the Engineer. Any such request shall include price details and proposed scheduling modifications. Acceptance of a variance is subject to all contract terms, stipulations and covenants, and is without prejudice to any and all rights under the surety bond. 5.4.3.2 If the Engineer returns a submittal to the Contractor that has been rejected, the Contractor, so as not to delay the work, shall promptly make a resubmittal conforming to the requirements of the contract documents and indicating in writing on the transmittal and the subject transmittal what portions of the resubmittal has been altered in order to meet the acceptance of the Engineer. Any other differences between the resubmittal and the prior submittal shall also be specifically described in the transmittal. 5.4.3.3. No mark or notation made by the Engineer on or accompanying the return of any submittal to the Contractor shall be considered a request or order for a change in work. If the Contractor believes any such mark or notation constitutes a request for a change in the work for which it is entitled to an adjustment in price and/or time, the Contractor must follow the same procedures established in Section 4.2 CHANGES for oral orders, directions, instructions, interpretations or determinations from the Engineer or else lose its right to claim for an adjustment. 5.5 COORDINATION OF CONTRACT DOCUMENTS – It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. The Contract Documents are complementary: any requirement occurring in one document is as binding as though occurring in all. In the event of conflict or discrepancy, the priorities stated in the following subparagraphs shall govern: 5.5.1 Addenda shall govern over all other Contract Documents. Subsequent addenda issued shall govern over prior addenda only to the extent specified. 5.5.2 SPECIAL CONDITIONS and Proposal shall govern over the GENERAL CONDITIONS and Specifications. 5.5.3 Specifications shall govern over drawings.


5.5.4 Specification Error – Should an error or conflict appear within the specification, the Contractor shall immediately notify the Engineer. The Engineer shall promptly issue instructions as to procedure. Any requirement occurring in one or more parts of the specification is as binding as though occurring in all applicable parts. 5.5.4.1 Should an error or conflict appear within a specification section, between a listed manufacturer/product and the performance requirements of the specification section, the performance requirements shall govern. 5.5.5 Drawings 5.5.5.1 Schedules shall govern over all other notes and drawings. 5.5.5.2 Bottom elevations of footings shown on drawings shall govern over a general note such as: “All footings shall rest on firm, undisturbed soil and extend a minimum of a certain number of feet into natural or finish grade, whichever is lower.” 5.5.5.3 Except for drawing schedules and bottom elevations as noted above, general notes shall govern over all other portions of the drawings: 5.5.5.4 Larger scale drawings shall govern over smaller scale drawings. 5.5.5.5 Figured or numerical dimensions shall govern over dimensions obtained by scaling. Measurements from the drawings when scaled shall be subject to the approval of the Engineer. 5.5.5.6 In cases of discrepancies in the figures or drawings, the discrepancies shall be immediately referred to the Engineer without whose decision said discrepancy shall not be corrected by the Contractor save at its own risk and in the settlement of any complications arising from such adjustment without the knowledge and consent of the Engineer, the Contractor shall bear all extra expense involved. 5.5.5.7 Items shown on the drawings that are completely void in terms of description, details, quality and/or performance standards in both the drawings and specifications to make a price determination shall be considered an omission and the Contractor shall immediately refer same to the Engineer for a decision. 5.5.5.8 Where there is a conflict between the architectural sheets and the civil or landscaping or electrical sheets, etc., the conflict shall be considered a discrepancy and the Contractor shall immediately refer the same to Engineer for a decision. 5.5.5.9 Any requirement occurring in one or more of the sheets is as binding as though occurring in all applicable sheets.


5.6 INTERPRETATION OF DRAWINGS AND SPECIFICATIONS – The Contractor shall carefully study and compare the Contract Documents with each other, with field conditions and with the information furnished by the State and shall at once report to the Engineer errors, conflicts, ambiguities, inconsistencies or omissions discovered. Should an item not be sufficiently detailed or explained in the Contract Documents, Contractor shall report and request the Engineer’s clarification and interpretation. The Engineer will issue a clarification or interpretation that is consistent with the intent of and reasonably inferred from Contract Documents. 5.7 EXAMINATION OF DRAWINGS, SPECIFICATIONS, PROJECT SITE 5.7.1 The Contractor shall examine carefully the Project Site to become familiar with the conditions to be encountered in performing the Work and the requirements of the Contract Documents. 5.7.1.1 No extra compensation shall be given by reason of the Contractor’s misunderstanding or lack of knowledge of the requirements of the Work to be accomplished or the conditions to be encountered in performing the project. 5.7.1.2 No extra compensation will be given by reason of the Contractor’s misunderstanding or lack of knowledge when the existence of differing site, subsurface or physical conditions could have been reasonably discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding requirements or Contract Documents to be conducted by or for the Contractor. 5.7.2 When the Contract Drawings include a log of test borings showing a record of the data obtained by the Department’s investigation of subsurface conditions, said log represents only the opinion of the Department as to the character of material encountered in its test borings and at only the location of each boring. The Contractor acknowledges that underground site conditions in Hawaii vary widely. There is no warranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the work or any part of it, or that other conditions may not occur. 5.7.3 Reference is made to the SPECIAL CONDITIONS for identification of subsurface investigations, reports, explorations and tests utilized by the State in preparation of the Contract Documents. Such reports, drawings, boring logs, etc. are not part of the Contract Documents. 5.8 COOPERATION BETWEEN THE CONTRACTOR AND THE DEPARMENT


5.8.1 Furnishing Drawing and Specifications – Judiciary will not furnish hard copies of contract plans and specifications to Contractors. Contractors who receive award for projects shall download the files of drawings and specifications from HIePro website: https//[email protected] and make their own hard copies. Contractor shall have and maintain at least one hard copy of the Contract Drawings and Specifications on the work site, at all times. 5.8.2 Superintendent – The Contractor shall have a competent superintendent or agent on the work site while work is being performed under the contract. The superintendent or agent shall be experienced in the type of project being undertaken and the work being performed. The superintendent or agent shall represent the Contractor and shall have the authority to act on behalf of the Contractor. Communications given to the superintendent or agent shall be as binding as if given to the Contractor. 5.8.2.1 If the superintendent or agent is not present at the work site, the Engineer shall have the right to suspend the work as described under Section 7.24 SUSPENSION OF WORK. 5.8.2.2 The Contractor shall file with the Engineer a written statement giving the name of the superintendent or agent assigned to the project. The Contractor shall be responsible for notifying the Engineer in writing of any change in the superintendent or agent. 5.8.2.3 The requirements of this subsection 5.8.2 may be waived by the Engineer. 5.8.3 Engineering Work – The Contractor shall properly and accurately lay out the work, perform all engineering work, and furnish all engineering materials and equipment required to establish and maintain all lines, grades, dimensions and elevations called for in the drawings or required in the progress of construction, unless otherwise noted in the contract documents. The Contractor will be held definitely and absolutely responsible for any errors in lines, grades, dimensions, and elevations and shall at once, on instruction from the Engineer, correct and make good such errors or any errors, or faults in the work resulting from errors in engineering performed under the requirements of its contract to the entire satisfaction of the Engineer. Full compensation for the work shall be included in the prices paid for contract items of work. No additional allowance will be made for the correction of incorrect engineering work. 5.8.3.1 The Engineer shall furnish the requisite bench elevations. 5.8.3.2 The Contractor shall locate and verify all lines, grades, dimensions, and elevations indicated on the drawings before any excavation or construction begins. Any discrepancy shall be immediately brought to the attention of the Engineer, any change shall be made in accordance with the Engineer’s instruction.


5.8.3.3 The Contractor shall verify all street survey monuments (horizontal and vertical alignment) prior to final acceptance by the Engineer in accordance with any governmental requirements. 5.8.3.4 The Contractor shall provide a surveyor or Civil Engineer licensed in the State of Hawaii to verify and establish all lines, grades, dimensions and elevations. 5.8.4 Use of Structure or Improvement – The Department shall have the right, at any time during construction of the structure or improvements, to enter same for the purpose of installing by government labor or by any other Contractor or utility any necessary work in connection with the installation of facilities, it being mutually understood and agreed, however, that the Contractors, utilities and the Department will, so far as possible, work to the mutual advantage of all, where their several works in the above mentioned or in unforeseen instances touch upon or interfere with each other. As a convenience to those involved, the Engineer shall allocate the work and designate the sequence of construction in case of controversy between Contractors on separate projects under State jurisdiction. 5.8.4.1 The Department shall also have the right to use the structure, equipment, improvement or any part thereof, at any time after it is considered by the Engineer as available. In the event that the structure, equipment or any part thereof is so used, the Department shall be responsible for all expenses incidental to such use and any damages resulting from the Department’s use. 5.8.4.2 Equipment warranty will commence to run before the work is complete when and if the Department begins actual use of the equipment for the purpose for which the equipment was designed and installed. 5.8.4.3 If the Department enters the structure for construction and/or occupancy and the Contractor is delayed because of interference by the Department or by extra work resulting from damage which the Contractor is not responsible for, or by extraordinary measures the Contractor must take to accommodate the Department, the Contractor shall be granted an extension of time in accordance with Section 7.21 CONTRACT TIME. However, if such use increases the cost or delays the completion of the remaining portions of work, Contractor shall be entitled to such extra compensation or extension of time or both, as the State may determine to be proper. Any additional work necessary will be paid in accordance with Section 8.3 PAYMENT FOR ADDITIONAL WORK. 5.9 INSPECTION – The Engineer, the Department’s consultants, Inspectors employed by the Department and other representatives duly authorized by the Department shall at all times have access to the work during its construction and shall be furnished with every reasonable facility for ascertaining at any time that the materials and the workmanship are in accordance with the requirements and intentions of the


contract. All work done and all materials furnished shall be subject to inspection and acceptance. 5.9.1 Such inspection and approval may extend to all or part of the work, and to the preparation, fabrication or manufacture of the materials to be used. By entering into a contract for the supply of materials, equipment, or performance of labor in connection with the Work, such Material and Equipment Supplier or Labor Contractor consents to and is subject to the terms of this Section 5.9 to the same extent as the Contractor. 5.9.2. Authority to Suspend Operations – The Inspector shall have the authority to suspend operations of any work being improperly performed by issuing a written order giving the reason for shutting down the work. Should the Contractor disregard such written order, the work done thereafter will not be accepted nor paid for. 5.9.3 The inspection of the work shall not relieve the Contractor of any of its obligations to fulfill the contract as prescribed. Notwithstanding prior payment and acceptance by the Engineer, defective and nonconforming work shall be corrected to comply with the contract requirements. Unsuitable, unspecified or unapproved materials may be rejected. 5.9.4 Federal Agency Inspection – Projects financed in whole or in part with Federal funds shall be subject to inspection and corrective requirements at all times by the Federal Agency involved at no cost to the State. 5.10 REMOVAL OF DEFECTIVE, NON-CONFORMING AND UNAUTHORIZED WORK 5.10.1 All work which has been rejected as not conforming to the requirements of the Contract shall be remedied or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed for such removal or replacement. Any work done beyond the work limits shown on the drawings and specifications or established by the Engineer or any additional work done without written authority will be considered as unauthorized and will not be paid for. Work so done may be ordered removed at the Contractor expense. 5.10.2 Scheduling Corrective Work – The Contractor shall perform its corrective or remedial work at the convenience of the State and shall obtain the Engineer’s approval of its schedule. 5.10.3 Failure to Correct Work – Upon failure on the part of Contractor to comply promptly with any order of the Engineer made under the provisions of this Section 5.10, the Engineer shall have authority to cause defective work to be remedied or removed and replaced, and unauthorized work to be removed, at the Contractor’s expense, and to deduct the costs from any monies due or to become due the Contractor.


5.11 VALUE ENGINEERING INCENTIVE §3-132 HAR amended by Act 149 SLH 1999 – On projects with contract amounts in excess of $250,000, the following Value Engineering Incentive Clause shall apply to allow the Contractor to share in cost savings that ensue from cost reduction proposals it submits. 5.11.1 The Value Engineering Incentive Clause applies to all Value Engineering Change Proposals (cost reduction proposals, hereinafter referred to as (VECP)) initiated and developed by the Contractor for changing the drawings, designs, specifications or other requirements of this contract. This clause does not, however, apply to any VECP unless it is identified as such by the Contractor at the time of its submission to the Engineer. 5.11.2 Value Engineering Change Proposal – All VECP must: 5.11.2.1 Result in a savings to the State of at least four thousand dollars ($4,000) by providing less costly items than without impairing any essential functions and characteristics such as service life, reliability, economy of operation, ease of maintenance, and all necessary features of the completed work. 5.11.2.2 Require, in order to be applied to this contract, a change order to this contract. 5.11.2.3 Not adversely impact on the schedule of performance or the contract completion date. 5.11.3 VECP Required Information – The VECP will be processed expeditiously and in the same manner as prescribed for any other change order proposal. As a minimum, the following information will be submitted by the Contractor with each proposal: 5.11.3.1 A description of the difference between the existing contract requirements and the VECP, and the comparative advantages and disadvantages of each including durability, service life, reliability, economy of operation, ease of maintenance, design safety standards, desired appearance, impacts due to construction and other essential or desirable functions and characteristics as appropriate; 5.11.3.2 An itemization of the requirements of the contract which must be changed if the VECP is adopted and a recommendation as to how to make each such change; 5.11.3.3 An estimate of the reduction in performance costs that will result from adoption of the VECP taking into account the costs of implementation by the Contractor, including any amounts attributable to subcontracts, and the basis for the estimate;


5.11.3.4 A prediction of any effects the VECP would have on other costs to the State, such as State furnished property costs, costs of related items, and costs of maintenance and operation over the anticipated life of the material, equipment or facilities as appropriate; the construction schedule, sequence and time; and bid item totals used for evaluation and payment purposes; 5.11.3.5 A statement of the time by which a change order adopting the VECP must be issued so as to obtain the maximum cost reduction during the remainder of this contract noting any effect on the contract time; and 5.11.3.6 The dates of any previous submissions of the VECP, the numbers any Government contracts under which submitted and the previous action by the Government, if known. 5.11.4 Required Use of Licensed Architect or Engineer – When, in the judgment of the Engineer, a VECP alters the design prepared by a registered professional architect or engineer, the Contractor shall ensure the changes to be prepared are by or under the supervision of a licensed professional architect or engineer, and stamped and so certified. 5.11.5 Unless and until a change order applies a VECP to a contract, the Contractor shall remain obligated to perform in accordance with the terms of the contract and the Department shall not be liable for delays incurred by the Contractor resulting from the time required for the Department’s determination of the acceptability of the VECP. 5.11.5.1 The determination of the Engineer as to the acceptance of any VECP under a contract shall be final. 5.11.6 Acceptance of VECP – The Engineer may accept in whole or in part any VECP submitted pursuant to this section by issuing a change order to the contract. Prior to issuance of the change order, the Contractor shall submit complete final contract documents similar to those of the original contract showing the accepted changes and the new design and features as well as the following: 5.11.6.1 Design calculations; 5.11.6.2 The design criteria used; and 5.11.6.3 A detailed breakdown of costs and expenses to construct or implement such revisions. 5.11.6.4 The change order will identify the final VECP on which it is based. 5.11.7 VECP Price Adjustments – When a VECP is accepted under a contract, an adjustment in the contract price shall be made in accordance with Section 4.4 PRICE ADJUSTMENT. The adjustment shall first be established by determining the effect on


the Contractor’s cost of implementing the change, including any amount attributable to subcontractors and to the Department’s charges to the Contractor for architectural, engineering, or other consultant services, and the staff time required to examine and review the proposal. The contract price shall then be reduced by fifty percent (50%) of the net estimated decrease in the cost of performance. 5.11.8 The Contractor may restrict the Department’s right to use the data or information or both, on any sheet of a VECP or of the supporting data, submitted pursuant to this paragraph, if it is stated on that sheet as follows: 5.11.8.1 “This data or information or both shall not be disclosed outside the Department or be duplicated, used, or disclosed, in whole or in part, for any purpose other than to evaluate this VECP. This restriction shall not limit the Department’s right to use this data or information or both if obtained from another source, or is otherwise available, without limitations. If this VECP is accepted by the Department by the issuance of a Change Order after the use of this data or information or both in such an evaluation, the Department shall have the right to duplicate, use and disclose any data or information or both pertinent to the proposal as accepted in any manner and for any purpose whatsoever and have others do so.” 5.11.9 In the event of acceptance of a VECP, the Department shall have all rights to use, duplicate or disclose in whole or in part in any manner and for any purpose whatsoever, and to have or permit others to do so, any data or information or both reasonably necessary to fully utilize such proposal. 5.11.10 The Contractor shall submit with each VECP all required information and provide all additional information as may be required by the Engineer to evaluate and implement the VECP. The cost for preparing the VECP shall be the Contractor’s responsibility, and any part of the Contractor’s cost for implementing the change shall be due only when the proposal is accepted and a change order is issued. 5.11.11 If the services of the Department’s architect, engineer or consultant is necessary to review and evaluate a VECP, the cost therefor shall be paid for by the Contractor. 5.11.12 Each VECP shall be evaluated as applicable to this contract, and past acceptance on another Department project for a similar item shall not be automatic grounds for approval. 5.11.13 The method by which the Contractor will share a portion of the cost savings from an accepted VECP shall be for this contract only, and no consideration shall be made for future acquisition, royalty type payment or collateral savings. 5.11.13.1 The Department may accept the proposed VECP in whole or in part. The Engineer shall issue a contract change order to identify and describe the accepted VECP.


5.12 SUBCONTRACTS – Nothing contained in the contract documents shall create a contractual relationship between the Department and any subcontractor. The contractor may subcontract a portion of the work but the contractor shall remain responsible for the work that is subcontracted. 5.12.1 Replacing Subcontractors – Contractors may enter into subcontracts only with subcontractors listed in the offer form. The contractor will be allowed to replace a listed subcontractor if the subcontractor: 5.12.1.1 Fails, refuses, or is unable to enter into a subcontract consistent with the terms and conditions of the subcontractorʻs offer presented to the contractor; or 5.12.1.2 Becomes insolvent; or 5.12.1.3 Has any license or certification necessary for performance of the work suspended or revoked; or 5.12.1.4 Has defaulted or otherwise breached the subcontract in connection with the subcontracted work; or 5.12.1.5 Agrees to be substituted by providing a written release; or 5.12.1.6 Is unable to comply with other requirements of law applicable to contractors, subcontractors and public works projects. 5.12.2 Notice of Replacing a Subcontractor – The Contractor shall provide a written notice to the Contracting Officer when it replaces a subcontractor, including in the notice, the reasons for replacement. The Contractor agrees to defend, hold harmless, and indemnify the State against all claims, liabilities, or damages whatsoever, including attorney’s fees arising out of or related to the replacement of a subcontractor. 5.12.3 Adding Subcontractors – The Contractor may enter into a subcontract with a subcontractor that is not listed in the offer form only after this contract becomes enforceable. 5.12.4 Subcontracting – Contractor shall perform with its own organization, work amounting to not less than twenty percent (20%) of the total contract cost, exclusive of costs for materials and equipment the Contractor purchases for installation by its subcontractors, except that any items designated by the State in the contract as “specialty items” may be performed by a subcontract and the cost of any such specialty items so performed by the subcontract may be deducted from the total contract cost before computing the amount of work required to be performed by the Contractor with its own organization.


ARTICLE 6 – Control of Material and Equipment

6.1 MATERIALS AND EQUIPMENT – Contractor shall furnish, pay for and install all material and equipment as called for in the drawings and specifications. Materials and equipment shall be new and the most suitable for the purpose intended unless otherwise specified. The State does not guarantee that the specified or pre-qualified product listed in the drawings and specifications are available at the time of bid or during the contract period. 6.2 SOURCE OF SUPPLY AND QUALITY OF MATERIALS 6.2.1 Only materials conforming to the drawings and specifications and, when required by the contract have been accepted by the Engineer, shall be used. In order to expedite the inspection and testing of materials, at the request of the Engineer, the Contractor shall identify its proposed sources of materials within ten (10) days after notification by the Engineer. 6.2.2 At the option of the Engineer, the materials may be accepted by the Engineer at the source of supply before delivery is started. Representative preliminary samples of the character and quantity prescribed shall be submitted by the Contractor or producer for examination and tested in accordance with the methods referred to under samples and tests. 6.2.3 Engineer’s Authorization to Test Materials - Materials proposed to be used may be inspected and tested whenever the Engineer deems necessary to determine conformance to the specified requirements. The cost of testing shall be borne by the Contractor. However, should test results show that the material(s) is in compliance with the specified requirements, the cost of testing will be borne by the State. 6.2.4 Unacceptable Materials – In the event material(s) are found to be unacceptable, the Contractor shall cease their use, remove the unacceptable material(s) that have already been installed or applied, and furnish acceptable materials all at no additional cost to the State. No material which is in any way unfit for use shall be used. 6.3 SUBSTITUTION AFTER CONTRACT AWARD 6.3.1 Materials, equipment, articles and systems noted on the drawings and specifications, establish a standard of quality, function, performance or design requirements and shall not be interpreted to limit competition. Should trade names, makes, catalog numbers or brand names be specified, the Contractor shall infer that these items indicate the quality, style, appearance or performance of the material, equipment, article, or systems to be used in the project. The Contractor is responsible


to use materials, equipment, articles or systems that meet the project requirements. Unless specifically provided otherwise in the contract documents, the Contractor may, at its option, use any material, equipment, article or system that, in the judgment of the Contracting Officer, is equal to that required by the contract documents. 6.3.1.1 If, after installing a material, equipment, article or system, a variance is discovered, the Contractor shall immediately replace the material, equipment, article or system with one that meets the requirements of the contract documents. 6.3.2 Substitution After Contract Award – Subject to the Contracting Officer’s determination, material, equipment, article or system with a variant feature(s) may be allowed as a substitution, provided it is in the Stateʻs best interest. The State may deny a substitution; and if a substitution is denied, the Contractor is not entitled to any additional compensation or time extension. 6.3.2.1 The Contractor shall include with the submittal a notification that identifies all deviations or variances from the contract documents. The notice shall be in written form separate from the submittal. The variances shall be clearly shown on the shop drawing, descriptive sheet, and material sample or color sample, and the Contractor shall certify that the substitution has no other variant features. Failures to identify the variances are grounds to reject the related work or materials, notwithstanding that the Contracting Officer accepted the submittal. If the variances are not acceptable to the Contracting Officer, the Contractor will be required to furnish the item as specified on the contract documents at no additional cost or time. 6.3.2.2 Acceptance of a variance shall not justify a contract price or time adjustment unless the Contractor requests an adjustment at the time of submittal and the adjustments are explicitly agreed to in writing by the Contracting Officer. Any request shall include price details and proposed scheduling modifications. Acceptance of a variance is subject to all contract terms, and is without prejudice to all rights under the surety bond. 6.3.2.3 The Contractor can recommend improvements to the project, for materials, equipment, articles, or systems by means of substitution request, even if the improvements are at an additional cost. The Contracting Officer shall make the final determination to accept or reject the Contractorʻs proposed improvements. If the proposed material, equipment, article or system costs less than the specified item, the Department will required a sharing of cost similar to value engineering be implemented. State reserves its right to deny a substitution; and if a substitution is denied, the Contractor is not entitled to additional compensation or time extension. 6.3.3 A substitution request after Contract Award shall be fully explained in writing. Contractor shall provide brochures showing that the substitute material and/or equipment is equal or better in essential features and also provide a matrix showing comparison of the essential features. Contractor shall justify its request and include quantities and unit prices involved, respective supplier’s price quotations and such other


documents necessary to fully support the request. Any savings in cost will be credited to the Department. Contractor shall absorb any additional cost for the substitute item(s) or for its installation. Submitting a substitution request, does not imply that substitutions, for brand name specified materials and equipment, will be allowed. The Engineer may reject and deny any request deemed irregular or not in the best interest of the Department. A request for substitution shall not in any way be grounds for an extension of contract time. At the discretion of the Engineer, a time extension may be granted for an approved substitution. 6.4 ASBESTOS CONTAINING MATERIAL The use of materials or equipment containing asbestos is prohibited under this contract. Contractor warrants that all materials and equipment incorporated in the project are asbestos-free. 6.5 TEST SAMPLES 6.5.1 The Engineer may require any or all materials to be tested by means of samples or otherwise. Contractor shall collect and forward samples requested by the Engineer. Contractor shall not use or incorporate any material represented by the samples until all required tests have been made and the material has been accepted. In all cases, the Contractor shall furnish the required samples without charge. Where samples are required from the completed work, the Contractor shall cut and furnish samples from the completed work. Samples so removed shall be replaced with identical material and refinished. No additional compensation will be allowed for furnishing test samples and their replacement with new materials. 6.5.2 Tests of the material samples will be made in accordance with the latest standards of the American Society for Testing and Materials (ASTM), as amended, prior to the contract date unless otherwise provided. In cases where a particular test method is necessary or specifications and serial numbers are stipulated, the test shall be made by the method stated in the above-mentioned publication. Where the test reference is the American Association of State and Highway Transportation Officials (AASHTO), it means the specifications and serial numbers of the latest edition and amendments prior to the bid date. 6.5.3 The Engineer may retest any materials which have been tested and accepted at the source of supply after the same has been delivered to the work site. The Engineer shall reject all materials which, when retested, do not meet the requirements of the contract. 6.6 MATERIAL SAMPLES


6.6.1 The Contractor shall furnish all samples required by the drawings and specifications or that may be requested by the Engineer of any and all materials or equipment it proposes to use. Unless specifically required, samples are not to be submitted with the bid. 6.6.2 No materials or equipment of which samples are required shall be used on the Work until the Engineer has received and accepted the samples. If the Contractor proceeds to use such materials before the Engineer accepts the samples, the Contractor shall bear the risk. 6.6.3 Contractor shall furnish two (2) copies of a transmittal letter with each shipment of samples. The letter shall provide a list of the samples, the name of the building or work for which the materials are intended and the brands of the materials and names of the manufacturers. Also, each sample submitted shall have a label indicating the material represented, its place of origin, the name of the producer, the Contractor and the building or work for which the material is intended. Samples of finished materials shall be marked to indicate where the materials represented are required by the drawings or specifications. 6.6.4 Acceptance of any sample(s) shall be only for the characteristics or for the uses named in such acceptance and for no other purpose. Acceptance of samples shall not change or modify any contract requirement. All samples will be provided by the Contractor at no extra cost to the Department. See also Section 5.4 SHOP DRAWINGS AND OTHER SUBMITTALS. 6.7 NON-CONFORMING MATERIALS – All materials not conforming to the requirements of these contract documents, whether in place or not, shall be rejected and removed immediately from the site of work unless otherwise permitted by the Engineer in writing. No rejected material which has subsequently been made to conform shall be used unless and until written acceptance has been given by the Engineer. If the Contractor fails to comply forthwith with any order of the Engineer made under the provisions of this Section 6.7, the Engineer shall have the authority to remove and replace non-conforming materials and charge the cost of removal and replacement to the Contractor. 6.8 HANDLING MATERIALS – Contractor shall handle all materials to preserve their quality and fitness for work. Transport aggregates form the source or storage site to the work in tight vehicles to prevent loss or segregation of materials after loading and measuring. 6.9 STORAGE OF MATERIALS – Contractor shall store all materials to preserve their quality and fitness for the work. Unless otherwise provided, any portion of the project site within the Project Contract Limit not required for public travel, may be used


for storage purposes and for the Contractor’s plant and equipment. Any additional space required shall be provided by the Contractor at its expense subject to the Engineer’s acceptance. Contractor shall store materials on wooden platforms or other hard, clean surfaces and covered to protect it from the weather and damage. Stored material shall be located to allow prompt inspections. 6.10 PROPERTY RIGHTS IN MATERIALS – Nothing in the contract shall be construed to vest in the Contractor any right to any materials and equipment after such materials and equipment have been attached, affixed to, or placed in the work. 6.11 ASSIGNMENT OF ANTITRUST CLAIMS FOR OVERCHARGES FOR GOODS PURCHASED – Contractor (or Vendor) and the Department recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the Department. Therefore, Contractor hereby assigns to the Department any and all claims for such overcharges as to goods purchased in connection with this order or contract, except as to overcharges which result from antitrust violations commencing after the price is established under this order or contract and any change order. In addition, Contractor warrants and represents that each of its first tier suppliers and subcontractors shall assign any and all such claims to the Department, subject to the aforementioned exception.

ARTICLE 7 – Prosecution and Progress (Including Legal Relations and Responsibility)

7.1 PROSECUTION OF THE WORK 7.1.1 After approval of the contract by the Administrative Director of the Courts, a Notice to Proceed will be given to the Contractor as described in Section 3.10 NOTICE TO PROCEED. The Notice to Proceed will indicate the date the Contractor is expected to begin the construction and from which date contract time will be charged. 7.1.2 The Contractor shall begin work no later than ten (10) working days from the date in the Notice to Proceed and shall diligently prosecute the same to completion within the contract time allowed. The Contractor shall notify the Engineer at least three (3) working days before beginning work. 7.1.3 If any subsequent suspension and resumption of work occurs, the Contractor shall notify the Engineer at least twenty-four (24) hours before stopping or restarting actual field operations. 7.1.4 Working Prior to Notice to Proceed – The Contractor shall not begin work before the date in the Notice to Proceed. Should the Contractor begin work before


receiving the Notice to Proceed, any work performed in advance of the specified date will be considered as having been done at the Contractor’s risk and as a volunteer and subject to the following conditions: 7.1.4.1 Under no circumstances shall the Contractor commence work on site until it has notified the Engineer of its intentions and has been advised by the Engineer in writing that the project site is available to the Contractor. The project site will not be made available until the Contractor has complied with commencement requirements under Section 7.2 COMMENCEMENT REQUIREMENTS. 7.1.4.2 In the event the contract is not executed, the Contractor shall, at its own expense, do such work as is necessary to leave the site in a neat condition to the satisfaction of the Engineer. The Contractor shall not be reimbursed for any work performed. 7.1.4.3 All work done prior to the Notice to Proceed shall be performed in accordance with the contract documents, but will only be considered authorized work and be paid for as provided in the contract after the Notice to Proceed is issued. 7.1.5 For repairs and/or renovations of existing buildings, unless otherwise permitted by the Engineer, the Contractor shall not commence with the physical construction unless all or sufficient amount of materials are available for either continuous construction or completion of a specified portion of the work. When construction is started, the Contractor shall work expeditiously and pursue the work diligently until it is complete. If only a portion of the work is to be done in stages, the Contractor shall leave the area safe and usable for the user agency at the end of each stage. 7.2 COMMENCEMENT REQUIREMENTS – Prior to beginning work on site, the Contractor shall submit the following to the Engineer: 7.2.1 Identification of the Superintendent or authorized representative on the job site. Refer to Section 5.8 COOPERATION BETWEEN THE CONTRACTOR AND THE DEPARTMENT. 7.2.2 Proposed Working Hours on the job. Refer to Section 7.5 NORMAL WORKING HOURS. 7.2.3 Permits and Licenses. Refer to Section 7.4 PERMITS AND LICENSES. 7.2.4 Schedule of Prices to be accepted for the agreed Monthly Payment Application. Unless the proposal provides unit price bids on all items in this project, the successful Bidder will be required, after award of contract, to submit a schedule of prices for the various items of construction included in the contract. For projects involving more than a single building and/or facility, the breakdown cost shall reflect a separate schedule of prices for the various items of work for each building and/or facility. The sum of the


prices submitted for the various items must equal the lump sum bid in the Bidder’s proposal. This schedule will be subject to acceptance by the Engineer who may reject same and require the bidder to submit another or several other schedules if in the Engineer’s opinion the prices are unbalanced or not sufficiently detailed. This schedule of prices shall be used for the purpose of determining the value of monthly payments due the Contractor for work installed complete in place; and may be used as the basis for determining cost and credit of added or deleted items of work, respectively. 7.2.4.1 The Contractor shall estimate at the close of each month the percentage of work completed under each of the various construction items during such month and submit the Monthly Payment Application to the Engineer for review and approval. The Contractor shall be paid the approved percentage of the price established for each item less the retention provided in Section 8.4 PROGRESS PAYMENTS. 7.2.4A Subcontracts. Upon award of a contract and prior to starting any construction work, the Contractor shall submit to the Contracting Officer a list of all subcontractors and the actual subcontracted dollar amount for each of its subcontractors regardless of the amount of the subcontract. See section 7.39 – Employment of State Residents Requirements. 7.2.5 Proof of Insurance Coverage. Certificate of Insurance or other documentary evidence satisfactory to the Contracting Officer that the Contractor has in place all insurance required by the contract. The Certificate of Insurance shall contain wording which identifies the Project number and Project title for which the certificate of insurance is issued. Refer to Section 7.3 INSURANCE REQUIREMENTS. 7.2.6 Safety and Health Plan for this project. Refer to HRS Section 396-18. 7.2.7 Until such time as the above items are processed and receipt is confirmed, the Contractor shall not be allowed to commence on any operations unless authorized by the Engineer. 7.3 INSURANCE REQUIREMENTS 7.3.1 Obligation of Contractor – Contractor shall not commence any work until it obtains, at its own expense, all required herein insurance. Such insurance shall be provided by an insurance company authorized by the laws of the State to issue such insurance in the State of Hawaii. Coverage by a “Non-Admitted” carrier is permissible provided the carrier has a Best’s Rating of “A-VII” or better. 7.3.2 All insurance described herein will be maintained by the Contractor for the full period of the contract and in no event will be terminated or otherwise allowed to lapse prior to written certification of final acceptance of the work by the State.


7.3.3 Certificate(s) of Insurance acceptable to the State shall be filed with the Contracting Officer prior to commencement of the work. Certificates shall identify if the insurance company is a “captive” insurance company or a “Non-Admitted” carrier to the State of Hawaii. The Best’s rating must be stated for the “Non-Admitted” carrier. Certificates shall contain a provision that coverages being certified will not be cancelled or materially changed without giving the Contracting Officer at least thirty (30) days prior written notice. Should any policy be cancelled before final acceptance of the work by the State, and the Contractor fails to immediately procure replacement insurance as specified, the State, in addition to all other remedies it may have for such breach, reserves the right to procure such insurance and deduct the cost thereof from any money due to the Contractor. 7.3.4 Nothing contained in these insurance requirements is to be construed as limiting the extent of Contractor’s responsibility for payment of damages resulting from its operations under this contract, including the Contractor’s obligation to pay liquidated damages, nor shall it affect the Contractor’s separate and independent duty to defend, indemnify and hold the State harmless pursuant to other provisions of this contract. In no instance will the State’s exercise of an option to occupy and use completed portions of the work relieve the Contractor of its obligations to maintain the required insurance until the date of final acceptance of the work. 7.3.5 All insurance described herein shall be primary and cover the insured for all work to be performed under the contract, all work performed incidental thereto or directly or indirectly connected therewith, including traffic detour work or other work performed outside the work area and all change order work. 7.3.6 The Contractor shall, from time to time, furnish the Engineer, when requested, satisfactory proof of coverage of each type of insurance required covering the work. Failure to comply with the Engineer’s request may result in suspension of the work, and shall be sufficient grounds to withhold future payments due the Contractor and to terminate the contract for Contractor’s default. 7.3.7 Types of Insurance – Contractor shall purchase and maintain insurance described below which shall provide coverage against claims arising out of Contractor’s operations under the contract, whether such operations be by the Contractor itself or by any subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. 7.3.7.1 Worker’s Compensation – The Contractor shall obtain worker’s compensation insurance for all persons whom they employ in carrying out the work under this contract. This insurance shall be in strict conformity with the requirements of the most current and applicable State of Hawaii Worker’s Compensation Insurance laws in effect on the date of the execution of this contract and as modified during the duration of the contract.


7.3.7.2 General Liability – The Contractor shall obtain General Liability insurance with a limit of not less than $2,000,000 per occurrence and in the Aggregates. The insurance policy shall contain the following clauses: 1) “The Judiciary - State of Hawaii is added as an additional insured as respects to operations performed for the The Judiciary - State of Hawaii.”; and 2) “It is agreed that any insurance maintained by the State of Hawaii will apply in excess of, and not contributed with, insurance provided by this policy.” The required limit of insurance may be provided by a single policy or with a combination of primary and excess policies. Refer to SPECIAL CONDITIONS for any additional requirements. 7.3.7.3 Auto Liability – The Contractor shall obtain Auto Liability Insurance covering all owned, non-owned and hired autos with a combined single limit of not less than $1,000,000 per occurrence. The required limit of insurance may be provided by a single policy or with a combination of primary and excess policies. The insurance policy shall contain the following clauses: 1) “The Judiciary - State of Hawaii is added as an additional insured as respects to operations performed for the State of Hawaii.”; and 2) “It is agreed that any insurance maintained by The Judiciary - State of Hawaii will apply in excess of, and not contributed with, insurance provided by this policy.” Refer to SPECIAL CONDITIONS for any additional requirements. 7.3.7.4 Property Insurance (Builders Risk)

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

(b) Building Renovation and/or Installation Contract – The Contractor shall obtain

Property Insurance with a limit equal to the completed value of the work or property being installed and shall insure against all loss excluding earthquakes and floods. The coverage shall be provided by a company authorized to write insurance in the State of Hawaii as an insurer. The insurance policy shall contain the following clauses: 1) “The Judiciary - State of Hawaii is added as an additional insured as respects to operations performed for The Judiciary - State of Hawaii.”; and 2) “It is agreed that any insurance maintained by The Judiciary - State of Hawaii will apply in excess of, and not contributed with, insurance provided by this policy. Refer to SPECIAL CONDITIONS for any additional requirements.


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

7.4 PERMITS AND LICENSES 7.4.1 The State or its representative may process Federal (e.g. Corps of Engineers), State and County permit applications. The Contractor shall pick up the pre-processed permits at the appropriate government agency and pay the required fees. Other permits necessary for the proper execution of the work such as utility connection permits, elevator installation permits, etc., unless processed by the State and paid for by the Contractor, shall be obtained and paid for by the Contractor. 7.4.2 Until such time as the above permits are approved, the Contractor shall not be allowed to commence any operations without written approval of the Engineer. 7.4.3 The Engineer reserves the right to waive application and processing of the building permit. 7.5 NORMAL WORKING HOURS – Prior to beginning operations, unless otherwise established by the State, the Contractor shall notify the Engineer in writing of the time in hours and minutes, A.M. and P.M. respectively, at which it desires to begin and end the day’s work. If the Contractor desires to change the working hours, it shall request the Engineer’s approval three (3) consecutive working days prior to the date of change. 7.6 HOURS OF LABOR (Section 104-2 Hawaii Revised Statutes) 7.6.1 No laborer or mechanic employed on the job site of any public work of the Department or any political subdivision thereof shall be permitted or required to work on Saturday, Sunday, or a legal holiday of the State or in excess of eight hours on any other day unless the laborer or mechanic receives overtime compensation for all hours worked on Saturday, Sunday, and a legal holiday of the State or in excess of eight hours on any other day. For the purposes of determining overtime compensation under this Section 7.6, the basic hourly rate of any laborer or mechanic shall not be less than the basic hourly rate determined by the Department of Labor and Industrial Relations to be the prevailing basic hourly rate for corresponding classes of laborers and mechanics on projects of similar character in the Department. 7.6.2 Overtime compensation means, compensation based on one and a half times the laborers or mechanics basic hourly rate of pay plus the cost to an employer of furnishing a laborer or mechanic with fringe benefits. 7.7 PREVALING WAGES – (§104-2 HRS)


7.7.1 The Contractor shall at all times observe and comply with all provisions of Chapter 104, HRS, the significant requirements of which are emphasized in the Department of Labor and Industrial Relations Publication No. H104-3 entitled “Requirements of Chapter 104, HRS Wages and Hours of Employees on Public Works Law”. 7.7.2 Wage Rate Schedule – The wage rate schedule is not physically enclosed in the bid documents. However, the wage rate schedule is incorporated herein by reference and made a part of the Bid and Contract Documents. Said wage rate schedule may be obtained from periodic bulletins posted online at: https://labor.hawaii.gov/rs/home/wages/72-2/ . 7.7.3 The Contractor or its subcontractor(s) shall pay all laborers and mechanics employed on the job site, unconditionally and not less often than once a week, and without deduction or rebate on any account except as allowed by law, the full amount of their wages including overtime, accrued to not more than five (5) working days prior to the time of payment, at wage rates not less than those stated in the contract, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractor and such laborers and mechanics. The wages stated in the contract shall not be less than the minimum prevailing wages (basic hourly rate plus fringe benefits), as determined by the Director of Labor and Industrial Relations and published in the wage rate schedules. Any increase in wage rates, as determined by the Director of Labor and Industrial Relations and issued in the wage rate schedule, shall be applicable during the performance of the contract, in accordance with 104-2(a) and (b), Hawaii Revised Statutes. Notwithstanding the provisions the original contract, if the Director of Labor and Industrial Relations determines that prevailing wages have increased during the performance of the contract, the rate of pay of laborers and mechanics shall be raised accordingly. 7.7.4 The applicable wage rate schedule shall be physically included in the Contract Documents executed by the successful Bidder. 7.7.5 Posting Wage Rate Schedule – The rates of wages to be paid shall be posted by the Contractor in a prominent and easily accessible place at the job site and a copy of such wages required to be posted shall be given to each laborer and mechanic employed under the contract by the Contractor at the time the person is employed thereunder, provided that where there is a collective bargaining agreement, the Contractor does not have to provide its employees the wage rate schedules. Any revisions to the schedule of wages issued by the Department of Labor and Industrial Relations during the course of the contract shall also be posted by the Contractor and a copy provided to each laborer and mechanic employed under the contract as required above. 7.7.6 The Administrative Director of the Courts may withhold from the Contractor so much of the accrued payments as the Administrative Director of the Courts may


consider necessary to pay to laborers and mechanics employed by the Contractor or any subcontractor on the job site. The accrued payments withheld shall be the difference between the wages required by this contract and the wages actually received by such laborers or mechanics. 7.8 FAILURE TO PAY REQUIRED WAGES (§104-4,HRS) – If the Department finds that any laborer or mechanic employed on the job site by the Contractor or any subcontractor has been or is being paid wages at a rate less than the required rate by the contract, or has not received their full overtime compensation, the Department may, by written notice to the Contractor, terminate its right, or the right of any subcontractor, to proceed with the work or with the part of the work on which the required wages or overtime compensation have not been paid and may complete such work or part by contract or otherwise, and the Contractor and its sureties shall be liable to the Department for any excess costs occasioned thereby. 7.9 PAYROLLS AND PAYROLL RECORDS (§104-3, HRS) 7.9.1 A certified copy of each weekly payroll shall be submitted to the Contractor within seven (7) calendar days after the end of each weekly payroll period. Failure to do so on a timely basis shall be cause for disqualification from bidding in accordance with provisions of Section 2.12 DISQUALIFICATION OF BIDDERS. The Contractor shall be responsible for the timely submission of certified copies of payrolls of all subcontractors. The certification shall affirm that payrolls are correct and complete, that the wage rates contained therein are not less than the applicable rates contained in the wage determination decision, any amendments thereto during the period of the contract, and that the classifications set forth for each laborer and mechanics conform with the work they performed. 7.9.2 Payroll records for all laborers and mechanics working at the site of the work shall be maintained by the General Contractor and its subcontractors, if any, during the course of the work and preserved for a period of four (4) years thereafter. Such records shall contain the name of each employee, their correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. Such records shall be made available for inspection at a place designated by the Administrative Director of the Courts, the Director of Labor and any authorized persons who may also interview employees during working hours on the job site. 7.9.3 Note that the falsification of certifications noted in this Section 7.9 may subject the Contractor or subcontractor to penalties and debarment under the laws referenced in Section 7.14 LAWS TO BE OBSERVED and/or criminal prosecution. 7.9A APPRENTICESHIP AGREEMENT CERTIFICATION (HRS §103-55.6)


7.9A.1 For the duration of a contract awarded and executed utilizing the apprenticeship agreement preference the Contractor shall certify, for each month, that work is being conducted on the project, that it continues to be a participant in the relevant registered apprenticeship program for each trade it employs. 7.9A.2 Monthly certification shall be made by completing the Monthly Report of Contractorʻs Participation – Form 2 made available by the State Department of Labor and Industrial Relations, the original to be signed by the respective apprenticeship program sponsors authorized official, and submitted by the Contractor to the Engineer with its monthly pay requests. The Monthly Report of Contractorʻs Participation – Form 2 is available on the DLIR website at: http://labor.hawaii.gov/wdd/files/2012/12/Form-2-Monthly-Report-of-Contractors-Participation.pdf. 7.9A.3 Should the Contractor fail or refuse to submit its Monthly Report of Contractorʻs Participation – Form 2, or at any time during the duration of the contract, cease to be a party to a registered apprenticeship agreement for any of the apprenticeable trades the Contractor employs, or will employ, the Contractor will be subject to the following sanctions: 7.9A.3.1 Withholding of the requested payment until all of the required Monthly Report of Contractorʻs Participation – Form 2ʻs are properly completed and submitted. 7.9A.3.2 Temporary or permanent cessation of work on the project, without recourse to breach of contract claims by the Contractor; provided the Department shall be entitled to restitution for nonperformance or liquidated damages claims; or 7.9A.3.3 Proceedings to debar or suspend pursuant to HRS §103D-702. 7.10 OVERTIME AND NIGHT WORK 7.10.1 Overtime work shall be considered as work performed in excess of eight (8) hours in any one day or work performed on Saturday, Sunday or legal holiday of the State. Overtime and night work are permissible when approved by the Engineer in writing or as called for elsewhere within these GENERAL CONDITIONS. 7.10.2 Contractor shall notify the Contracting Officer two (2) working days prior to doing overtime and night work to insure that proper inspection will be available. The notification shall address the specific work to be done. A notification is not required when overtime work and night work are included as normal working hours in the contract and in the Contractorʻs construction schedule. 7.10.3 In the event that work other than that contained in the above notification is performed and for which the Engineer determines State inspection services were necessary but not available because of the lack of notification, the Contractor may be


required to remove all such work and perform the work over again in the presence of State inspection personnel. 7.10.4 Any hours worked in excess of the normal eight (8) working hours per day or on Saturdays, Sundays or legal State holidays will not be considered a working day. 7.10.5 The State hereby reserves the right to cancel the overtime, night, Saturday, Sunday, or legal State holiday work when it is found that work during these periods is detrimental to the public welfare or the user agency. 7.11 OVERTIME AND NIGHT PAYMENT FOR STATE INSPECTION SERVICE 7.11.1 The Department is responsible for overtime or night time payments for Departmentʻs inspection services, including Departmentʻs inspector, State staff personnel and the Departmentʻs Consultant(s) engaged on the project, when overtime and night work are included as normal working hours in the contract and in the contractorʻs construction schedule. 7.11.2 Whenever the Contractor’s operations require the State’s inspection and staff personnel to work overtime or at night, the Contractor shall reimburse the State for the cost of such services unless otherwise instructed in the Contract. The Engineer will notify the Contractor of the minimum number of required Department employees and other personnel engaged by the Department prior to the start of any such work. The costs chargeable to the Contractor shall include but not be limited to the following: 7.11.2.1 The cost of salaries which are determined by the State and includes overtime and night time differential for the Department’s staff and inspection personnel. In addition to the cost of salaries, the Contractor shall reimburse the State’s share of contributions to the employee’s retirement, medical plan, social security, vacation, sick leave, worker’s compensation funds, per diem, and other applicable fringe benefits and overhead expenses. 7.11.2.2 The transportation cost incurred by the Department’s staff and inspection personnel which are based on established rental rates or mileage allowance in use by the Department for the particular equipment or vehicle. 7.11.2.3 Fees and other costs billed the State by Consultants engaged on the project for overtime and/or night time work. 7.11.3 Payment for Inspection Services – The monies due the Department for staff and inspection work and use of vehicles and equipment as determined in subsection 7.11.2 shall be deducted from the monies due or to become due the Contractor. In any and all events, the Contractor shall not pay the Department’s employees directly.


7.12 LIMITATION OF OPERATIONS 7.12.1 Contractor shall at all times conduct the work in such manner and in such sequence as will insure the least practicable interference with pedestrian and motor traffic passageways. Contractor shall furnish convenient detours and provide and plan all other appropriate signs, flashers, personnel, warnings, barricades and other devices for handling pedestrian and motor traffic. 7.12.2 In the event that other contractors are also employed on the job site, the Contractor shall arrange its work and dispose of materials so as not to interfere with the operations of the other contractors engaged upon adjacent work. The Contractor shall join its work to that of others and existing buildings in a proper manner, and in accordance with the drawings, and specifications, and perform its work in the proper sequence in relation to that of others, as all may be directed by the Engineer. 7.12.3 Each contractor shall be responsible for any damage done by it to work performed by another contractor. Each Contractor shall so conduct its operations and maintain the work in such condition that adequate drainage shall be in effect at all times. 7.12.4 In the event that the Contractor fails to prosecute its work as provided in this Section 7.12 or disregards the directions of the Engineer, the Engineer may suspend the work until such time as the Contractor provides for the prosecution of the work with minimum interference to traffic and passageways or other contractors, adequate drainage, the repair of damage and complies with the direction of the Engineer. No payment will be made for the costs of such suspension. 7.13 ASSIGNMENT OR CHANGE OF NAME §3-125-14 HAR 7.13.1 Assignment – The Contractor shall not sublet, sell, transfer, assign or otherwise dispose of this contract or any part hereof or any right, title or interest herein or any monies due or to become due hereunder without the prior written consent of the Administrative Director of the Courts. 7.13.2 The Contractor may assign money due or to become due it under the contract and such assignment will be recognized by the Department, if given proper notice thereof, to the extent permitted by law; but any assignment of monies shall be subject to all proper set-offs in favor of the State and to all deductions provided in the contract and particularly all monies withheld or unpaid, whether assigned or not, shall be to use by the Department for the completion of the work in the event that the Contractors should be in default therein. 7.13.3 Recognition of a Successor in Interest; Assignment – When in the best interest of the State, a successor in interest may be recognized in an assignment agreement in which the transferor and the transferee and the State shall agree that:


7.13.3.1 The transferee assumes all of the transferor’s obligations; 7.13.3.2 Transferor remains liable for all obligations under the contract but waives all rights under the contract against the State; and 7.13.3.3 The transferor shall continue to furnish, and the transferee shall also furnish, all required bonds. 7.13.4 Change of Name – When a Contractor requests to change the name in which it holds a contract with the State, the Administrative Director of the Courts shall, upon receipt of a document indicating such change of name (for example: an amendment to the articles of incorporation of the corporation), enter into an agreement with the requesting Contractor to effect such a change of name. The agreement changing the name shall specifically indicate that no other terms and conditions of the contract are thereby changed. 7.13.5 All change of name or novation agreements effected hereunder other than by the Administrative Director of the Courts shall be reported to the Administrative Director of the Courts within thirty (30) days of the date that the agreement becomes effective. 7.13.6 Notwithstanding the provisions of paragraphs 7.13.3.1 through 7.13.3.3 above, when a Contractor holds contracts with more than one purchasing agency of the State, the novation or change of name agreement herein authorized shall be processed only through the Administrative Director of the Courts. 7.14 LAWS TO BE OBSERVED 7.14.1 The Contractor at all times shall observe and comply with all Federal, State and local laws or ordinances, rules and regulations which in any manner affect those engaged or employed in the work, the materials used in the work, and the conduct of the work. The Contractor shall also comply with all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the work. Any reference to such laws, ordinances, rules and regulations shall include any amendments thereto before and after the date of this contract. 7.14.2 The Contractor shall defend, protect, hold harmless and indemnify the State and its Departments and Agencies and all their officers, representatives, employees or agents against any claim or liability arising from or based on the violation of any such laws, ordinances, rules and regulations, orders or decrees, whether such violation is committed by the Contractor or its Subcontractor(s) or any employee of either or both. If any discrepancy or inconsistency is discovered in the contract for the work in relation to any such laws, ordinances, rules and regulations, orders or decrees, the Contractor shall forthwith report the same to the Engineer in writing.


7.14.3 While the Contractor must comply with all applicable laws, attention is directed to: Wage and Hours of Employees on Public Works, Chapter 104, Hawaii Revised Statutes (HRS); Hawaii Public Procurement Code, Authority to debar or suspend, Section 103D-702, HRS; Hawaii Employment Relations Act, Chapter 377, HRS; Hawaii Employment Security Law, Chapter 383, HRS; Worker’s Compensation Law, Chapter 386, HRS; Wage and Hour Law, Chapter 387, HRS; Occupational Safety and Health, Chapter 396, HRS; and Authority to Debar and Suspend, Chapter 126, subchapter 2, Hawaii Administrative Rules (HAR). 7.15 PATENTED DEVICES, MATERIALS, AND PROCESSES – If the Contractor desires to use any design, device, material, or process covered by letters of patent or copyright, the right for such use shall be procured by the Contractor from the patentee or owner. The Contractor shall defend, protect, indemnify and hold harmless the State and its Departments and Agencies, any affected third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright in connection with the work to be performed under the contract, shall defend, protect, indemnify and hold harmless the State and its Departments and Agencies for any costs, expenses and damages which it may be obligated to pay by reason of any such infringement at any time during the prosecution or after the completion of the work. This section shall not apply to any design, device, material or process covered by letters of patent or copyright, which the Contractor is required to use by the drawings or specifications. 7.16 SANITARY, HEALTH AND SAFETY PROVISONS 7.16.1 The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of its employees as may be necessary to comply with the requirements of the State and local Boards of Health, or other bodies or tribunals having jurisdiction. Unless otherwise stated in the drawings and specifications, the Contractor shall install toilet facilities conveniently located at the job site and maintain same in a neat and sanitary condition for the use of the employees on the job site for the duration of the contract. The toilet facilities shall conform to the requirements of the State Department of Health. The cost of installing, maintaining and removing the toilet facilities shall be considered incidental to and paid for under various contract pay items for work or under the lump sum bids as the case may be, and no additional compensation will be made therefor. These requirements shall not modify or abrogate in any way the requirements or regulations of the State Department of Health. 7.16.2 Attention is directed to Federal, State and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to their health or safety.


7.17 PROTECTION OF PERSONS AND PROPERTY 7.17.1 Safety Precautions and Programs – The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take reasonable precautions for the safety of, and provide reasonable protection to prevent damage, injury, or loss to: 7.17.1.1 All persons on the Work site or who may be affected by the Work; 7.17.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor and its subcontractors; and 7.17.1.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavement, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. 7.17.2 Contractor shall give notices and comply with applicable laws, ordinances, regulations, rules, and lawful orders of any public body having jurisdiction for the safety of persons or property or their protection from damage, injury or loss; and the Contractor shall erect and maintain reasonable safeguards for safety and protection, including posting danger signs, or other warnings against hazards. 7.17.3 The Contractor shall notify owners of adjacent properties and of underground (or overhead) utilities when performing work which may affect the Owners; and shall cooperate with the Owners in the protection, removal, and replacement of their property. 7.17.4 All damage, injury or loss to any property referred to in paragraphs 7.17.1,2 and 7.17.1.3 caused by the fault or negligence or damage or loss attributable to the acts or omissions directly or indirectly in whole or part by the Contractor, a subcontractor or any one directly or indirectly employed by them, or by anyone for whose acts they might be liable, shall be remedied promptly by the Contractor. 7.17.5 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the protection of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor. 7.17.6 The Contractor shall not load or permit any part of the construction to be loaded so as to endanger safety. The Contractor shall not injure or destroy trees or shrubs nor remove or cut them without permission of the Engineer. Contractor shall protect all land monuments and property marks until an authorized agent has witnessed or otherwise referenced their location and shall not remove them until directed. 7.17.7 In the event the Contractor encounters on the site, material reasonably believed to be asbestos or other hazardous material that has not been rendered harmless, the


Contractor shall stop work in the area and notify the Engineer promptly. The work in the affected area shall be resumed in the absence of hazardous materials or when the hazard has been rendered harmless. 7.17.8 Emergencies – In an emergency affecting the safety and protection of persons or the Work or property at the site or adjacent thereto, Contractor without special instructions or authorization from the Engineer, shall act, at the Contractor’s discretion, to prevent threatened damage, injury or loss. Contractor shall give the Engineer prompt written notice of the emergency and actions taken. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined under the provisions of Section 7.25 DISPUTES AND CLAIMS. 7.18 ARCHAEOLOGICAL SITES 7.18.1 Should historic sites such as walls, platforms, pavements and mounds, or remains such as artifacts, burials, concentration of charcoal or shells be encountered during construction, work shall cease in the immediate vicinity of the find and the find shall be protected from further damage. The Contractor shall immediately notify the Engineer and contact the State Historic Preservation Division which will assess the significance of the find and recommend the appropriate mitigation measures, if necessary. 7.18.2 When required, the Contractor shall provide and install any temporary fencing as shown on the drawings to protect archaeological sites within the project. The fencing shall be installed prior to any construction activity and shall be maintained by the Contractor for the duration of the project. Fence installation and maintenance shall be to the satisfaction of the Engineer. The Contractor shall remove the fencing upon completion of construction, or as directed by the Engineer. 7.18.3 No work shall be done within the temporary fencing area. If any construction work is done within the temporary fencing, the Contractor shall notify the Engineer immediately; and if Contractor entered the archaeological site area without permission, it shall stop work in this area immediately. The Engineer shall notify the archaeologist to assess any damage to the area. The Contractor shall allow the archaeologist sufficient time to perform the field investigation. 7.18.4 Any site requiring data recovery within the project shall not be disturbed until data recovery is completed. 7.19 RESPONSIBILITY FOR DAMAGE CLAIMS; INDEMNITY 7.19.1 The Contractor shall indemnify the State and the Department against all loss of or damage to the State’s or the Department’s existing property and facilities arising out of any act or omission committed in the performance of the work by the Contractor, any


subcontractor or their employees and agents. Contractor shall defend, hold harmless, and indemnify the Department and the State, their employees, officers and agents against all losses, claims, suits, liabilities and expense, including but not limited to attorneys’ fees, arising out of injury to or death of persons (including employees of the State and the Department, the Contractor or any subcontractor) or damage to property resulting from or in connection with the performance of the work and not caused solely by the negligence of the State or Department, their agents, officers and employees. The State or the Department may participate in the defense of any claim or suit without relieving the Contractor of any obligation hereunder. The purchase of liability insurance shall not relieve the Contractor of the obligations described herein. 7.19.2 The Contractor agrees that it will not attempt to hold the State and its Departments and Agencies and their officers, representatives, employees, or agents liable or responsible for any losses or damages to third parties from the action of the elements, the nature of the work to be done under these GENERAL CONDITIONS or from any unforeseen obstructions, acts of God, vandalism, fires or encumbrances which may be encountered in the prosecution of the work. 7.19.3 The Contractor shall pay all just claims for materials, supplies, tools, labor and other just claims against the Contractor or any subcontractor in connection with this contract and the surety bond will not be released by final acceptance and payment by the Department unless all such claims are paid or released. The Department may, but is not obligated to, withhold or retain as much of the monies due the Contractor under this contract considered necessary by the Engineer to cover such just claims until satisfactory proof of payment or the establishment of payment plan is presented. 7.19.4 The Contractor shall defend, indemnify and hold harmless the State and its Departments and Agencies and their officers, representatives, employees or agents from all suits, actions or claims of any character brought on account of any claims or amounts arising out of or recovered under the Workers’ Compensation Laws or violation of any other law, by-law, ordinance, order or decree. 7.20 CHARACTER OF WORKERS OR EQUIPMENT 7.20.1 The Contractor shall at all times provide adequate supervision and sufficient labor and equipment for prosecuting the work to full completion in the manner and within the time required by the contract. 7.20.2 Character and Proficiency of Workers – All workers shall possess the proper license and/or certification, job classification, skill and experience necessary to properly perform the work assigned to them. All workmen engaged in special work or skilled work such as bituminous courses or mixtures, concrete pavement or structures, electrical installation, plumbing installation, or in any trade shall have sufficient experience in such work and in the operation of the equipment required to properly and satisfactorily perform all work. All workers shall make due and proper effort to execute


the work in the manner prescribed in these GENERAL CONDITIONS, otherwise, the Engineer may take action as prescribed herein. 7.20.2.1 Any worker employed on the project by the Contractor or by any subcontractor who, in the opinion of the Engineer, is not careful and competent, does not perform its work in a proper and skillful manner or is disrespectful, intemperate, disorderly or neglects or refuses to comply with directions given, or is otherwise objectionable shall at the written request of the Engineer, be removed forthwith by the Contractor or subcontractor employing such worker and shall not be employed again in any portion of the work without the written consent of the Engineer. Should the Contractor or subcontractor continue to employ, or again employ such person or persons on the project, the Engineer may withhold all payments which are or may become due, or the Engineer may suspend the work until the Engineer’s orders are followed, or both. 7.20.3 Insufficient Workers – A sufficient number of workers shall be present to ensure the work is accomplished at an acceptable rate. In addition, the proper ratio of apprentice to journey worker shall be maintained to ensure the work is properly supervised and performed. In the event that the Engineer finds insufficient workers are present to accomplish the work at an acceptable rate of progress or if an adequate number of journey workers are not present and no corrective action is taken by the Contractor after being informed in writing, the Engineer may terminate the contract as provided for under Section 7.27 TERMINATION OF CONTRACT FOR CAUSE. 7.20.4 Equipment Requirements – All equipment furnished by the Contractor and used on the work shall be of such size and of such mechanical condition that the work can be performed in an acceptable manner at a satisfactory rate of progress and the quality of work produced will be satisfactory. 7.20.4.1 Equipment used on any portion of the project shall be such that no injury to the work, persons at or near the site, adjacent property or other objects will result from its use. 7.20.4.2 If the Contractor fails to provide adequate equipment for the work, the contract may be terminated as provided for under Section 7.27 TERMINATION OF CONTRACT FOR CAUSE. 7.20.4.3 In the event that the Contractor furnishes and operates equipment on a force-account basis, it shall be operated to obtain maximum production under the prevailing conditions. 7.21 CONTRACT TIME 7.21.1 Time is of the essence for this contract.


7.21.2 Calculation of Contract Time – When the contract time is on a working day basis, the total contract time allowed for the performance of the work shall be the number of working days shown in the contract plus any additional working days authorized in writing as provided hereinafter. Refer to Article 1 DEFINITIONS for the definition of Working Day. The count of elapsed working days to be charged against contract time, shall begin from the date of the Notice to Proceed and shall continue consecutively to the date of Project Acceptance determined by the Engineer. When the contract completion time is a fixed calendar date, it shall be the date on which all work on the project shall be completed. Maintenance periods are not included within the contract time unless specifically noted in the Contract Documents. 7.21.3 Modifications of Contract Time §3-125-4 HAR 7.21.3.1 Extensions – For increases in the scope for work caused by alterations and additional work made under Section 4.2 CHANGES, the Contractor will be granted a time extension only if the changes increase the time of performance for the Contract. If the Contractor believes that an extension of time is justified and is not adequately provided for in a Field Order, it must request the additional time sought in writing when the detailed cost breakdown required by Section 4.2 CHANGES, is submitted. The Contractor must show how the time of performance for the critical path will be affected and must also support the time extension request with schedules and statements from its subcontractors, suppliers, and/or manufacturers. Compensation for any altered or additional work will be paid as provided in Section 4.2 CHANGES. 7.21.3.2 The Department may direct changes to the work at any time until the work is finally accepted. The issuance of a Field Order at any time may alter or modify the contract duration only by the days specified therein; or if not specified therein, for the days the critical path must be extended for the change. Additional time to perform the extra work will be added to the time allowed in the contract without regard to the date the change directive was issued, even if the contract completion date has passed. A change requiring time will not constitute a waiver of pre-existing Contract delay. 7.21.4 Delay for Permits – For delays beyond the control of the Contractor in obtaining necessary permits, one day extension for each day delay may be granted by the Engineer, provided the Contractor notifies the Engineer that the permits are not available, as soon as the delay occurs. Time extensions shall be the exclusive relief granted on account of such delays. No additional compensation will be paid for these time extensions. 7.21.5 Delays Beyond Contractor’s Control §3-125-18(4) – For delays affecting the critical path caused by acts of God, or the public enemy, fire, unusually severe weather, earthquakes, floods, epidemics, quarantine restrictions, labor disputes, freight embargoes and other reasons beyond the Contractor’s control, the Contractor may be granted an extension of time provided that:


7.21.5.1 The Contractor notifies the Engineer in writing within five (5) work days after the occurrence of the circumstances described above and states the possible effects on the completion date of the contract. 7.21.5.2 No time extension will be granted for weather conditions other than unusually severe weather occurrences, and floods. 7.21.5.3 The Contractor, if requested, submits to the Engineer within ten (10) work days after the request, a written statement describing the delay to the project. The extent of the delay must be substantiated as follows:

(a) State specifically the reason or reasons for the delay and fully explain in a detailed chronology the effect of this delay to the work and/or the completion date.

(b) Submit copies of purchase order, delivery tag, and any other pertinent documentation to support the time extension request.

(c) Cite the period of delay and the time extension requested. (d) A statement either that the above circumstances have been cleared and

normal working conditions restored as of a certain day or that the above circumstances will continue to prevent completion of the project.

7.21.5.4 Time extensions shall be the exclusive relief granted and no additional compensation will be paid the Contractor for such delays. 7.21.6 Delays in Delivery of Materials – For delays in delivery of materials and/or equipment which occur as a result of unforeseeable causes beyond the control and without fault or negligence of both the Contractor, its subcontractor(s) or supplier(s), the Contractor may be granted an extension of time provided that it complies with the following procedures. 7.21.6.1 The Contractor must notify the Engineer within five (5) consecutive working days after it first has any knowledge of delays or anticipated delays and state the effects such delays may have on the completion date of the contract. 7.21.6.2 The Contractor, if requested, must submit to the Engineer within ten (10) working days after a firm delivery date for the material and equipment is established, a written statement as to the delay to the progress of the project. The delay must be substantiated as follows:

(a) State specifically the reason or reasons for the delay. Explain in a detailed chronology the effect of this delay to the other work and/or completion date.

(b) Submit copies of purchase order(s), factory invoice(s), bill(s) of lading, shipping manifest(s), delivery tag(s) and any other pertinent correspondence to support the time extension request.


(c) Cite the start and end date of the delay and the days requested therefore. The delay shall not exceed the difference between the originally scheduled delivery date versus the actual delivery date.

7.21.6.3 Time extensions shall be the exclusive relief granted and no additional compensation will be paid the Contractor on account of such delay. 7.21.7 Delays for Suspension of Work – Delay during periods of suspension of work by the Engineer shall be computed as follows: 7.21.7.1 When the performance of the work is totally suspended for one or more days (calendar or working days, as appropriate) by order of the Engineer in accordance with paragraphs 7.24.1.1, 7.24.1.2, 7.24.1.4 or 7.24.1.6 the number of days from the effective date of the Engineer’s order to suspend operations to the effective date of the Engineer’s order to resume operations shall not be counted as contract time and the contract completion date will be adjusted. Should the Contractor claim for additional days in excess of the suspension period, Contractor shall provide evidence justifying the additional time. During periods of partial suspension of the work, the Contractor will be granted a time extension only if the partial suspension affects the critical path. If the Contractor believes that an extension of time is justified for a partial suspension of work, it must request the extension in writing at least five (5) working days before the partial suspension will affect the critical operation(s) in progress. The Contractor must show how the critical path was increased based on the status of the work and must also support its claim, if requested, with statements from its subcontractors. A suspension of work will not constitute a waiver of pre-existing Contractor delay. 7.21.8 Contractor Caused Delays – No time extension will be considered for the following: 7.21.8.1 Delays in performing the work caused by the Contractor, subcontractor and/or supplier. 7.21.8.2 Delays in arrival of materials and equipment caused by the Contractor, subcontractor and/or supplier in ordering, fabricating, delivery, etc. 7.21.8.3 Delays requested for changes which the Engineer determines unjustifiable due to the lack of supporting evidence or because the change is not on the critical path. 7.21.8.4 Delays caused by the failure of the Contractor to submit for review and acceptance by the Engineer, on a timely basis, shop drawings, descriptive sheets, material samples, color samples, etc. except as covered In subsection 7.21.5 and 7.21.6. 7.21.8.5 Failure to follow the procedure within the time allowed to qualify for a time extension.


7.21.8.6 Days the Contractor is unable to work due to normal rainfall or other normal bad weather day conditions. 7.21.9 Reduction in Time – If the Department deletes any portion of the work, an appropriate reduction of contract time may be made in accordance with Section 4.2 CHANGES. 7.22 CONSTRUCTION SCHEDULE 7.22.1 The Contractor shall submit its detailed construction schedule to the Engineer prior to the start of the work. The purpose of the schedule is to allow the Engineer to monitor the Contractor’s progress on the work. The schedule shall account for normal inclement weather, unusual soil or other conditions that may influence the progress of the work, schedules and coordination required by any utility, off or on site fabrications, and all other pertinent factors that relate to progress. 7.22.2 Submittal of and the Engineer’s receipt of the construction schedule shall not imply the Department’s approval of the schedule’s breakdown, its individual elements, and any critical path that may be shown. Any acceptance or approval of the schedule 1) shall be for general format only and not for sequences or durations thereon, and 2) shall not be deemed an agreement by the Department that the construction means, methods and resources shown on the schedule will result in work that conforms to the contract requirements. The Contractor has the risk of all elements (whether or not shown) of the schedule and its execution. Additional compensation shall not be due the Contractor in the event that deviations from the Contractor’s schedule, caused by any design revisions required to resolve site conditions or State, County, or utility requirements, affects the efficiency of its operations. 7.22.3 In the event the Contractor submits and the Department receives an accelerated schedule (shorter than the contract time), such will not constitute an agreement to modify the contract time or completion date, nor will the receipt, acceptance or approval of such a schedule incur any obligation by the Department. 7.22.4 Caution – The Department will not be responsible if the Contractor does not meet its accelerated schedule. 7.22.5 The requirements of this Section 7.22 CONSTRUCTION SCHEDULE may be waived by the Engineer. 7.23 STATEMENT OF WORKING DAYS – For all contracts on a working day basis,, the Contractor will submit a statement of the number of working days for each month together with the Monthly Payment Application. The Monthly Payment Application will not be processed without the statement of working days.


7.24 SUSPENSION OF WORK §3-125-7 HAR 7.24.1 Procedures to be followed – The Engineer may, by written order, suspend the performance of the Work up to thirty (30) days and the Administrative Director of the Courts for an unlimited number of days, either in whole or in part for any cause, including but not limited to: 7.24.1.1 Weather or excess bad weather days considered unsuitable by the Engineer for prosecution of the work; or 7.24.1.2 Soil conditions considered unsuitable by the Engineer for prosecution of the work; or 7.24.1.3 Failure of the Contractor to:

(a) Correct conditions unsafe for the general public or for the workers; (b) Carry out orders given by the Engineer; (c) Perform the work in strict compliance with the provisions of the contract; or (d) Provide a qualified Superintendent on the jobsite as described under Section

5.8 COOPERATION BETWEEN THE CONTRACTOR AND THE DEPARTMENT.

7.24.1.4 When any redesign is deemed necessary by the Engineer; or 7.24.1.5 Disturbance due to noise, odors or dust arising from the construction even if such disturbance does not violate the section on Environmental Protection contained in the specifications; or 7.24.1.6 The convenience of the State. 7.24.2 Partial, Total Suspension of Work – Suspension of work on some but not all items of work shall be considered a partial suspension. Suspension of work on the entire work at the job site shall be considered total suspension. The period of suspension shall be computed as set forth in subsection 7.21.7 – Delays for Suspension of Work. 7.24.3 Payment §3-125-7 HAR 7.24.3.1 In the event that the Contractor is ordered by the Engineer in writing as provided herein to suspend all work under the contract in accordance with paragraphs 7.24.1.4 or 7.24.1.6, the Contractor may be reimbursed for actual direct costs incurred on work at the jobsite, as authorized in writing by the Engineer, including costs expended for the protection of the work. Payment for equipment which must standby during such suspension of work shall be made as described in clause 8.3.4.5.(e). No payment will be made for profit on any suspension costs. An allowance of five percent


(5%) will be paid on any reimbursed actual costs for indirect categories of delay costs, including extended branch and home-office overhead and delay impact costs. 7.24.3.2 However, no adjustment to the contract amount or time shall be made under this Section 7.24 for any suspension, delay, or interruption:

(a) To the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor; or

(b) For which an adjustment is provided for or excluded under any other provision of this Contract.

7.24.3.3 Any adjustment in contract price made pursuant to this subsection shall be determined in accordance with this Section 7.24 and Section 4.2 CHANGES. 7.24.3.4 Claims for such compensation shall be filed with the Engineer within ten (10) calendar days after the date of the order to resume work or such claims will be waived by the Contractor. Together with the claim, the Contractor shall submit substantiating documents supporting the entire amount shown on the claim. The Engineer may make such investigations as are deemed necessary and shall be the sole judge of the claim and the Engineer’s decision shall be final. 7.24.4 Claims Not Allowed – No claim under this Section 7.24 shall be allowed: 7.24.4.1 For any direct costs incurred more than twenty (20) days before the Contractor shall have notified the Engineer in writing of any suspension that the Contractor considered compensable. This requirement shall not apply as to a claim resulting from a suspension order under paragraphs 7.24.1.4 or 7.24.1.6, and 7.24.4.2 Unless the claim is asserted in writing within ten (10) calendar days after the termination of such suspension , delay, or interruption, but in no case not later than the date of final payment under the contract. 7.24.4.3 No provision of this Section 7.24 shall be construed as entitling the Contractor to compensation for delays due to failure of surety, for suspensions made at the request of the Contractor, for any delay required under the Contract, for partial suspension of work or for suspensions made by the Engineer under the provisions of paragraphs 7.24.1.1, 7.24.1.2, 7.24.1.3 and 7.24.1.5. 7.25 DISPUTES AND CLAIMS §3-126-31 HAR 7.25.1 Required Notification – As a condition precedent for any claim, the Contractor must give notice in writing to the Engineer in the manner and within the time periods stated in Section 4.2 CHANGES for claims for extra compensation, damages, or an extension of time due for one or more of the following reasons:


7.25.1.1 Requirements not clearly covered in the contract, or not ordered by the Engineer as an extra; 7.25.1.2 Failure by the State and Contractor to agree to an Oral Order or an adjustment in price or contract time for a Field Order or a Change Order issued by the State; 7.25.1.3 An action or omission by the Engineer requiring performance changes beyond the scope of the contract; 7.25.1.4 Failure of the State to issue a Field Order for controversies within the scope of Section 4.2 CHANGES. 7.25.1.5 For any other type of claim, the Contractor shall give notice within the time periods set forth in the contract provisions pertaining to that event. If no specific contract provisions pertain to the claim, then the written notice of claim must be submitted within fifteen (15) days of the event giving rise to the claim. 7.25.2 Continued Performance of Work – The Contractor shall at all times continue with performance of the contract in full compliance with the directions of the Engineer. Continued performance by the Contractor shall not be deemed a waiver of any claim for additional compensation, damages, or an extension of time for completion, provided that the written notice of claim is submitted in accordance with subsection 7.25.1. 7.25.3 The requirement for timely written notice shall be a condition precedent to the assertion of a claim. 7.25.4 Requirements for Notice of Claim – The notice of claim shall clearly state the Contractor’s intention to make claim and the reasons why the Contractor believes that additional compensation, changes, or an extension of time may be remedies to which it is entitled. At a minimum, it shall provide the following: 7.25.4.1 Date of the protested order, decision or action; 7.25.4.2 The nature and circumstances which caused the claim; 7.25.4.3 The contract provisions that support the claim; 7.25.4.4 The estimated dollar cost, if any, of the protested work and how that estimate was determined; and 7.25.4.5 An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption.


7.25.5 If the protest or claim is continuing, the information required in subsection 7.25.4 above shall be supplemented as requested by the Engineer. 7.25.6 Final Statement for Claim – The Contractor shall provide a final written statement of the actual adjustment in contract price and/or contract time requested for each notice of claim. Such statement shall clearly set forth that it is the final statement for that notice of claim. All such final statements shall be submitted within thirty (30) days after completion of the work that is the subject of the claim, but in no event no later than thirty (30) days after the Project Acceptance Date or the date of termination of the Contractor, whichever comes first. 7.25.7 All claims of any nature are barred if asserted after final payment under this contract has been made, except as provided under Section 8.9 CLAIMS ARISING OUT OF PAYMENT FOR REQUIRED WORK. 7.25.8 Contractor may protest the assessment or determination by the Engineer of amounts due the State from the Contractor by providing a written notice to the Engineer within thirty (30) days of the date of the Engineer’s written assessment or determination. Said notice shall comply with all requirements of subsections 7.25.4 and 7.25.6 above. The requirement of such notice cannot be waived and it is a condition precedent to any claim by the Contractor. Failure to comply with these notice provisions constitutes a waiver of any claim. 7.25.9 In addition to the requirements of subsections 7.25.4, 7.25.6, and 7.25.8, all final written statements of claim shall be certified. This certification requirement applies to the Contractor without exception, including, but not limited to, situations involving “pass through” claims of subcontractors or suppliers. The certification must be executed by a person duly authorized to bind the Contractor with respect to the claim. The certification shall state as follows: 7.25.9.1 “I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the State is liable; and that I am duly authorized to certify the claim on behalf of the Contractor.” 7.25.10 Decision on Claim or Appeal – The Contracting Officer shall decide all controversies between the State and the Contractor which arise under, or are by virtue of, this contract and which are not resolved by mutual agreement. The decision of the Contracting Officer on the claim shall be final and conclusive, unless fraudulent, or unless the Contractor delivers to the Administrative Director of the Courts a written appeal of the Contracting Officerʻs decision no later than 30 days after the date of the Contracting Officerʻs decision. The Administrative Director of the Courtʻs decision shall be final and conclusive, unless fraudulent or unless the Contractor brings an action seeking judicial review of the Administrative Director of the Courtʻs decision in an


appropriate circuit court of this State within six months from the date of the Administrative Director of the Courtʻs decision. 7.25.10.1 If the Contractor delivers a written request for a final decision concerning the controversy, the Administrative Director of the Courts shall issue a final decision within 90 days after receipt of such a request; provided that if the Administrative Director of the Courts does not issue a written decision within 90 days, or within such longer period as may be agreed upon by the parties, then the Contractor may proceed as if an adverse decision had been received. Both parties to this contract agree that the period of up to 30 days to appeal the Contracting Officerʻs decision to the Administrative Director of the Courts shall not be included in the 90 day period to issue a final decision. 7.25.11 Payment and Interest – The amount determined payable pursuant to the decision, less any portion already paid, normally should be paid without awaiting Contractor action concerning appeal. Such payments shall be without prejudice to the rights of either party. Interest on amounts ultimately determined to be due to a Contractor shall be payable at the Statutory rate applicable to judgments against the State under Chapter 662, HRS from the date of receipt of a properly certified final written statement of actual adjustment required until the date of decision; except, however, that if an action is initiated in circuit court, interest under this Section 7.25 shall only be calculated until the time such action is initiated. Interest on amounts due from the State from the Contractor shall be payable at the same rate from the date of issuance of the Engineer’s notice to the Contractor. Where such payments are required to be returned by a subsequent decision, interest on such payments shall be paid at the statutory rate from the date of payment. 7.25.12 Contractor shall comply with any decision of the Engineer and proceed diligently with performance of this contract pending final resolution by a circuit court of this State of any controversy arising under, or by virtue of, this contract, except where there has been a material breach of contract by the State; provided that in any event the Contractor shall proceed diligently with the performance of the contract where the Engineer has made a written determination that continuation of work under the contract is essential to the public health and safety. 7.26 FAILURE TO COMPLETE THE WORK ON TIME 7.26.1 Completion of the work within the required time is important because delay in the prosecution of the work will inconvenience the public and interfere with the State’s business. In addition, the State will be damaged by the inability to obtain full use of the completed work and by increased engineering, inspection, superintendence, and administrative services in connection with the work. Furthermore, delay may detrimentally impact the financing, planning, or completion of other State projects because of the need to devote State resources to the project after the required completion date. The monetary amount of such public inconvenience, interference with State business, and damages, is difficult, if not impossible, to accurately determine and


precisely prove. Therefore, it is hereby agreed that the amount of such damages shall be the appropriate sum of liquidated damages as set forth below. 7.26.1.1 When the Contractor fails to complete the Work or any portion of the Work within the time or times fixed in the contract or any extension thereof, it is agreed the Contractor shall pay liquidated damages to the Department based upon the amount stated in the Specification Section 00800 SPECIAL CONDITIONS. 7.26.1.2 If the Contractor fails to correct Punchlist deficiencies as required by Section 7.32 PROJECT ACCEPTANCE DATE, the State will be inconvenienced and damaged, therefore, it is agreed that the Contractor shall pay liquidated damages to the Department based upon the amount stated in the Specification Section 00800 SPECIAL CONDITIONS. Liquidated damages shall accrue for all days after the Contract Completion Date or any extension thereof, until the date the Punchlist items are corrected and accepted by the Engineer. 7.26.1.3 It the Contractor fails to submit final documents as required by Section 7.33 FINAL SETTLEMENT OF THE CONTRACT, the State will be inconvenienced and damaged, therefore, it is agreed that the Contractor shall pay liquidated damages to the Department based upon the amount stated in the Specification Section 00800 SPECIAL CONDITIONS. Liquidated damages shall accrue for all days after the Contract Completion Date or any extension thereof, until the date the final documents are received by the Engineer. 7.26.1.4 The Engineer shall assess the total amount of liquidated damages in accordance with the amount stated in the Specification Section 00800 SPECIAL CONDITIONS and provide written notice of such assessment to the Contractor. 7.26.2 Acceptance of Liquidated Damages – The assessment of liquidated damages by the Engineer shall be accepted by the parties hereto as final, unless the Contractor delivers a written appeal of the Engineer’s decision in accordance with subsection 7.25.10 requirements. Any allowance of time or remission of charges or liquidated damages shall in no other manner affect the rights or obligations of the parties under this contract nor be construed to prevent action under Section 7.27 TERMINATION OF CONTRACT FOR CAUSE. If the Contractor terminates the Contractor’s right to proceed, the resulting damage will include such liquidated damages for such time as may be required for final completion of the work after the required contract completion date. 7.26.3 Payments for Liquidated Damages – Liquidated damages shall be deducted from monies due or that may become due to the Contractor under the contract or from other monies that may be due or become due to the Contractor from the State. 7.27 TERMINATION OF CONTRACT FOR CAUSE §3-125-18 HAR


7.27.1 Default – If the Contractor refuses or fails to perform the work, or any separable part thereof, with such diligence as will assure its completion within the time specified in the contract, or any extension thereof, fails to complete the work within such time, or commits any other material breach of this contract, and further fails within seven (7) days after receipt of written notice from the Engineer to commence and continue correction of the refusal or failure with diligence and promptness, the Administrative Director of the Courts may, by written notice to the Contractor, declare the Contractor in breach and terminate the Contractor’s right to proceed with the work or the part of the work as to which there has been delay or other breach of contract. In such event, the Department may take over the work and perform the same to completion, by contract or otherwise, and may take possession of, and utilize in completing the work, the materials, appliances, and plant as may be on the site of the work and necessary therefor. Whether or not the Contractor’s right to proceed with the work is terminated, the Contractor and the Contractor’s sureties shall be liable for any damage to the Department resulting from the Contractor’s refusal or failure to complete the work within the specified time. 7.27.2 Additional Rights and Remedies – The rights and remedies of the Department provided in this contract are in addition to any other rights and remedies provided by law. 7.27.3 Costs and Charges 7.27.3.1 All costs and charges incurred by the Department, together with the cost of completing the work under the contract, will be deducted from any monies due or which would or might have become due to the Contractor had it been allowed to complete the work under the contract. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay the Department the amount of the excess. 7.27.3.2 In case of termination, the Administrative Director of the Courts shall limit any payment to the Contractor to the part of the contract satisfactorily completed at the time of termination. Payment will not be made until the work has satisfactorily been completed and the tax clearance required by Section 8.8 FINAL PAYMENT is submitted by the Contractor. Termination shall not relieve the Contractor or Surety from liability or liquidated damages. 7.27.4 Erroneous Termination for Cause – If, after notice of termination of the Contractor’s right to proceed under this Section 7.27, it is determined for any reason that good cause did not exist to allow the Department to terminate as provided herein, the rights and obligations of the parties shall be the same as, and the relief afforded the Contractor shall be limited to, the provisions contained in Section 7.28 TERMINATION FOR CONVENIENCE. 7.28 TERMINATION FOR CONVENIENCE §3-125-22 HAR


7.28.1 Termination – The Administrative Director of the Courts may, when the interests of the State so require, terminate this contract in whole or in part, for the convenience of the State. The Administrative Director of the Courts shall give written notice of the termination to the Contractor specifying the part of the contract terminated and when termination becomes effective. 7.28.2 Contractor’s Obligations – The Contractor shall incur no further obligations in connection with the terminated work and on the date set in the notice of termination the Contractor will stop work to the extent specified. The Contractor shall also terminate outstanding orders and subcontracts as they relate to the terminated work. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders connected with the terminated work subject to the State’s approval. The Administrative Director of the Courts may direct the Contractor to assign the Contractor’s right, title, and interest under terminated orders or subcontractors to the State. The Contractor must still complete the work not terminated by the notice of termination. 7.28.3 Right to Construction and Goods – The Administrative Director of the Courts may require the Contractor to transfer title and delivery to the State in the manner and to the extent directed by the Adminstrative Director of the Courts, the following: 7.28.3.1 Any completed work; and 7.28.3.2 Any partially completed construction, goods, materials, parts, tools, dies, jigs, fixtures, drawings, information, and contract rights (hereinafter called “construction material”) that the Contractor has specifically produced or specially acquired for the performance of the terminated part of this contract. 7.28.3.3 The Contractor shall protect and preserve all property in the possession of the Contractor in which the State has an interest. If the Administrative Director of the Courts does not elect to retain any such property, the Contractor shall use its best efforts to sell such property and construction material for the Department’s account in accordance with the standards of section 490:2-706, HRS. 7.28.4 Compensation 7.28.4.1 Contractor shall submit a termination claim specifying the amounts due because of the termination for convenience together with cost or pricing data, submitted to the extent required by subchapter 15, chapter 3-122, HAR. If the Contractor fails to file a termination claim within one year from the effective date of termination, the Administrative Director of the Courts may pay the Contractor, if at all, an amount set in accordance with paragraph 7.28.4.3. 7.28.4.2 The Administrative Director of the Courts and the Contractor may agree to a settlement provided the Contractor has filed a termination claim supported by cost or


pricing data submitted as required and that the settlement does not exceed the total contract price plus settlement costs reduced by payments previously made by the State, the proceeds of any sale of construction, supplies, and construction materials under paragraph 7.28.3.3 of this Section, and the contract price of the work not terminated. 7.28.4.3 Absent complete agreement, the Administrative Director of the Courts shall pay the Contractor the following amounts, less any payments previously made under the contract:

(a) The cost of all contract work performed prior to the effective date of the notice of termination work plus five percent (5%) markup on the actual direct costs, including amounts paid to the subcontractor, less amounts previously paid or to be paid for completed portions of such work, provided, however, that if it appears that the Contractor would have sustained a loss if the entire contract would have been completed, no markup shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss. No anticipated profit or consequential damage will be due or paid.

(b) Subcontractors shall be paid a markup of ten percent (10%) on their direct job costs incurred to the date of termination. No anticipated profit or consequential damage will be due or paid to any subcontractor. These costs must not include payments made to the Contractor for subcontract work during the contract period.

(c) In any case, the total sum to be paid the Contractor shall not exceed the total contract price reduced by the amount of any sales of construction supplies and construction materials.

7,28.4.4 Costs claimed, agreed to, or established by the State shall be in accordance with chapter 3-123, HAR. 7.29 CORRECTING DEFECTS – If the Contractor fails to commence to correct any defects of any nature, within ten (10) working days after the correction thereof has been requested in writing by the State, and thereafter to expeditiously complete the correction of said defects, the Engineer may without further notice to the Contractor or surety and without termination of contract, correct the defects and deduct the cost thereof from the contract price. 7.30 FINAL CLEANING – Before final inspection of the work, the Contractor shall clean all ground occupied by the Contractor in connection with the Work of all rubbish, excess materials, temporary structures and equipment, and all parts of the work must be left in a neat and presentable condition to the satisfaction of the Engineer. However, the Contractor shall not remove any warning and directional signs prior to the formal acceptance by the Engineer. Full compensation for final cleaning will be included in the prices paid for the various items of work or lump sum bid, as the case may be, and no separate payment will be made therefor.


7.31 SUBSTANTIAL COMPLETION AND FINAL INSPECTION – Before the Department accepts the project as being completed, unless otherwise stipulated by the Engineer, the following procedure shall be followed: 7.31.1 Substantial Completion: 7.31.1.1 The Contractor and its subcontractors shall inspect the project to confirm whether the Project is substantially complete. This inspection effort shall include the testing of all equipment and providing a Punchlist that identifies deficiencies which must be corrected. Contractor shall make the corrections and if so required repeat the procedure. Also, the Contractor shall schedule final Building, Plumbing, Electrical, Elevator, Fire and other required inspections and obtain final approvals.

(a) When in compliance with the above requirements, the Contractor shall notify the Engineer in writing that project is Substantially Complete and ready for a Final Inspection. Along with the Substantial Completion notification, the Contractor shall provide its Punchlist(s) with the status of the deficiencies and dates when the deficiencies were corrected. The Project Inspector and/or the Engineer shall make a preliminary determination whether the project is Substantially Complete.

(b) If the project is not Substantially Complete, the Engineer shall inform the Contractor. The Contractor shall identify deficiencies which must be corrected, update its Punchlist, make the necessary corrections and repeat the previous step. After completing the necessary work, the Contractor shall notify the Engineer in writing that Punchlist deficiencies have been corrected and the project is ready for Final Inspection.

(c) If the Project is Substantially Complete, the Engineer shall schedule a Final Inspection within fifteen (15) days of the Contractor’s notification letter or as otherwise determined by the Engineer.

7.31.1.2 In addition, and to facilitate closing of the project, the Contractor shall also proceed to obtain the following closing documents (where applicable) prior to the Final Inspection:

(a) Field-Posted As-Built Drawings. (b) Maintenance Service Contract and two (2) copies of a list of all equipment. (c) Operating and maintenance manuals. (d) Air conditioning test and balance reports. (e) Any other final submittal required by the technical sections of the contract.

7.31.2 Final Inspection. If at the Final Inspection the Engineer determines that all work is completed, the Engineer shall notify the Contractor in accordance with Section 7.32 PROJECT ACCEPTANCE DATE. Should there be remaining deficiencies which must be corrected, the Contractor shall provide an updated Punchlist to the Engineer, within


five (5) days from the Final Inspection Date. The Contractor shall make the necessary corrections. 7.31.2.1 The Contracting Officer shall confirm the list of deficiencies noted by the Contractor’s punchlist(s) and will notify the Contractor of any other deficiencies that must be corrected. 7.31.3 The Engineer may add to or otherwise modify the Punchlist from time to time. The Contractor shall take immediate action to correct the deficiencies. 7.31.4 Revoking Substantial Completion – At any time before final Project Acceptance is issued, the Engineer may revoke the determination of Substantial Completion if the Engineer finds it was not warranted. The Engineer shall notify the Contractor in writing with the reasons and outstanding deficiencies negating the declaration. Once notified, the Contractor shall make the necessary corrections and repeat the required steps noted in subsections 7.31.1 and 7.31.2. 7.32 PROJECT ACCEPTANCE DATE 7.32.1 If upon Final Inspection, the Engineer finds that the project has been satisfactorily competed in compliance with the contract, the Engineer shall declare the project completed and accepted and will notify the Contractor in writing of the acceptance by way of the Project Acceptance Notice. 7.32.2 Protection and Maintenance – After the Project Acceptance Date, the Contractor shall be relieved of maintaining and protecting the work EXCEPT that this does not hold true for those portions of the work which have not been accepted, including Punchlist deficiencies. The State shall be responsible for the protection and maintenance of the accepted facility. 7.32.3 The date of the Project Acceptance shall determine: 7.32.3.1 End of Contract Time. 7.32.3.2 Commencement of all guaranty periods except as noted in Section 7.34 CONTRACTOR’S RESPONSIBILITY FOR WORK: RISK OF LOSS. 7.32.3.3 Commencement of all maintenance services except as noted in Section 7.34 CONTRACTOR’S RESPONSIBILITY FOR WORK: RISK OF LOSS. 7.32.4 Punchlist Requirements – If a Punchlist is required under Section 7.31 SUBSTANTIAL COMPLETION AND FINAL INSPECTION, the Project Acceptance Notice will include the Engineer’s Punchlist and the date when correction of the deficiencies must be completed.


7.32.4.1 Punchlist corrective work shall be completed prior to Contract Completion Date, or extension thereof. 7.32.5 Upon receiving the Punchlist, the Contractor shall promptly devote the required time, labor, equipment, materials and incidentals necessary to correct the deficiencies expeditiously. 7.32.6 For those items of work that cannot be completed by established date, the Contractor shall submit a schedule in writing to the Engineer for approval along with documentation to justify the time required, no later than five (5) working days before the date stipulated for completion of the Punchlist work. A Proposed schedule submitted after the five (5) day period will not be considered. 7.32.7 If the Contractor fails to correct the deficiencies within the time established in paragraph 7.32.4.1, The Contracting Officer shall assess liquidated damages as required by Section 7.26 – FAILURE TO COMPLETE THE WORK ON TIME. 7.32.8 If the Contractor fails to correct the deficiencies and complete the work by the established or agreed to date, the State also reserves the right to correct the deficiencies by whatever method it deems necessary and deduct the cost from the final payment due the contractor. 7.32.9 The Contractor may further be prohibited from bidding in accordance with Section 2.12 – DISQUALIFICATION OF BIDDERS. In addition, assessment of damages shall not prevent action under Section 7.27 – TERMINATION OF CONTRACT FOR CAUSE. 7.33 FINAL SETTLEMENT OF CONTRACT – The contract will be considered settled after the project acceptance date and when the following items have been satisfactorily submitted, where applicable: 7.33.1 Necessary Submissions in addition to the items noted under paragraph 7.31.1.2. 7.33.1.1 All written guarantees required by the contract. 7.33.1.2 Complete and certified weekly payrolls for the Contractor and its Subcontractor(s). 7.33.1.3 Certificate of Plumbing and Electrical lnspection. 7.33.1.4 Certificate of Building Occupancy. 7.33.1.5 Certificates for Soil Treatment and Wood Treatment.


7.33.1.6 Certificate of Water System Chlorination. 7.33.1.7 Certificate of Elevator Inspection, Boiler and Pressure Pipe Installation. 7.33.1.8 All other documents required by the Contract. 7.33.2 Failure to Submit Closing Documents – The Contractor shall submit the final Payment Application and the above applicable closing documents within sixty (60) days from the date of Project Acceptance or the agreed to Punchlist completion date. Should the Contractor fail to comply with these requirements, the Administrative Director of the Courts may terminate the Contract for cause. The pertinent provisions of Section 7.27 TERMINATION OF CONTRACT FOR CAUSE shall be applicable. 7.33.3 In addition, should the Contractor fail to furnish final closing documents within the required time period, the Engineer shall assess the liquidated damages as required by Section 7.26 FAILURE TO COMPLETE THE WORK ON TIME. 7.34 CONTRACTOR’S RESPONSIBILITY FOR WORK; RISK OF LOSS 7.34.1 Until the establishment of the Project Acceptance Date or Beneficial Occupancy, whichever is sooner, the Contractor shall take every necessary precaution against injury or damage to any part of the work caused by the perils insured by an All Risk policy excluding earthquakes and floods, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore and make good all injuries or damage to any portion of the work occasioned by the perils insured by an All Risk policy before the date of final acceptance and shall bear the risk and expense thereof. 7.34.2 After the Project Acceptance Date or Beneficial Occupancy whichever is sooner, the Contractor shall be relieved of maintaining and protecting the work except for those portions of the work which have not been accepted including Punchlist deficiencies. 7.34.3 The risk of damage to the work from any hazard or occurrence may be covered by a required Property Insurance policy is that of the Contractor, unless such risk of loss is placed elsewhere by express language in the contract documents. No claims for any loss or damage shall be recognized by the Department, nor will any such loss or damage excuse the complete and satisfactory performance of the contract by the Contractor. 7.35 GUARANTEE OF WORK 7.35.1 In addition to any required manufacturers warranties, all work and equipment shall be guaranteed by the Contractor against defects in materials, equipment or


workmanship for one year from the Project Acceptance Date or as otherwise specified in the Contract Documents, whichever is earlier. 7.35.2 Repair of Work – If, within any guarantee period, repairs or changes are required in connection with the guaranteed work, which in the opinion of the Engineer is necessary due to materials, equipment or workmanship which are inferior, defective, or not in accordance with the terms of the Contract, the Contractor shall within five (5) working days and without expense to the Department commence to: 7.35.2.1 Place in satisfactory condition in every instance all such guaranteed work and correct all deficiencies therein; and 7.35.2.2 Make good and repair or replace to new or pre-existing condition all damages to the building, facility, work or equipment or contents thereof, resulting from such defective materials, equipment or installation thereof. 7.35.3 Manufacturer’s and Installer’s Guarantee – Whenever a manufacturer’s or installer’s guarantee on any product specified in the respective Specification sections, exceeds one year, this guarantee shall become part of this contract in addition to the Contractor’s guarantee. Contractor shall complete the guarantee forms in the name of the Department and submit such forms to the manufacturer within such time required to validate the guarantee. Contractor shall submit to the Department a photocopy of the completed guarantee form for the Department’s record as evidence that such guarantee form was executed by the manufacturer. 7.35.4 If a defect is discovered during a guarantee period, all repairs and corrections to the defective items when corrected shall again be guaranteed for the original full guarantee period. The guarantee period shall be tolled and suspended for all work affected by the defect. The guarantee period for work affected by the defect shall restart for its remaining duration upon confirmation by the Engineer that the deficiencies have been repaired or remedied. 7.35.5 If guarantee is specified for greater than two (2) years, two (2) years shall prevail except for manufacturer’s warranties. Manufacturer’s warranties shall remain as specified in their respective Specification sections. 7.35.5.1 However, the number of years specified in the technical specifications shall prevail only if it is stated that the number of years for guarantee supercedes this provision. 7.36 WORK OF AND CHARGES BY UTILITIES 7.36.1 The Contractor shall be responsible for scheduling and coordinating the work with the utility companies and applicable Governmental agencies for permanent service installation and connections or modifications to existing utilities. The Contractor shall


make available all portions of the work necessary for the utility companies to do their work. The Department shall not bear the risk of any damage to the contract work caused by any utility company, and work of repairing such damage and delay costs must be resolved between the Contractor and the utility company and their insurers. 7.36.2 Unless stated as an allowance item to be paid by the Contractor, the Department will pay the utility companies and applicable governmental agencies directly for necessary modifications and connections. Contractor charges for overhead, supervision, coordination, profit, insurance and any other incidental expenses shall be included in the Contractor’s bid whether the utility is paid directly by the Department or by an allowance item in the contract. 7.37 RIGHT TO AUDIT RECORDS 7.37.1 Pursuant to Section 103D-317, HRS the State, at reasonable times and places, may audit the books and records of a Contractor, prospective contractor, subcontractor and prospective subcontractor relating to the Contractor’s or subcontractor’s cost or pricing data. The books and records shall be maintained by the Contractor and subcontractor(s) for a period of four (4) years from the date of final payment under the contract. 7.37.2 The Contractor shall insure that its subcontractors comply with this requirement and shall bear all costs (including attorney’s fees) of enforcement in the event of its subcontractor’s failure or refusal to fully cooperate. 7.37.3 Additionally, Sections 231-7, 235-108, 237-39 and other HRS chapters through reference authorizes the Department of Taxation to audit all taxpayers conducting business within the State. Contractors must make available to the Department of Taxation all books and records necessary to verify compliance with the tax laws. 7.38 RECORDS MAINTENANCE, RETENTION AND ACCESS 7.38.1 The Contractor and any subcontractor whose contract for services is valued at $25,000 or more shall, in accordance with generally acceptable accounting practices, maintain fiscal records and supporting documents and related files, papers, and reports that adequately reflect all direct and indirect expenditures and management and fiscal practices related to the Contractor and subcontractor’s performance of services under this Agreement. 7.38.2 The representative of the Department, the Administrative Director of the Courts, the Attorney General, (the Federal granting agency, the Comptroller General of the United States, and any of their authorized representatives when federal funds are utilized), and the Legislative Auditor of the State of Hawaii shall have the right of access to any book, document, paper, file, or other record of the Contractor and any


subcontractor that is related to the performance of services under this Agreement in order to conduct an audit or other examination and/or make copies, excerpts and transcripts for the purposes of monitoring and evaluating the Contractor and subcontractor’s performance of services and he Contractor and subcontractor’s program, management, and fiscal practices to assure the proper and effective expenditure of funds and to verify all costs associated with any claims made under this Agreement. 7.38.3 The right of access shall not be limited to the required retention period but shall last as long as the records are retained. The Contractor and subcontractor shall retain all records related to the Contractor and subcontractor’s performance of services under this Agreement for four (4) years from the date of final payment, except that if any litigation, claim, negotiation, investigation, audit or other action involving the records has been started before the expiration of the four (4) year period, the Contractor and subcontractors shall retain the records until completion of the action and resolution of all issues that arise from it, or until the end of the four (4) year retention period, whichever occurs later. Furthermore, it shall be the Contractor’s responsibility to enforce compliance with this provision by any subcontractor. 7.39 EMPLOYMENT OF STATE RESIDENTS REQUIREMENTS HRS 103B 7.39.1 A Contractor awarded a contract shall ensure that Hawaii residents comprise not less than 80% of the workforce employed to perform the contract. The 80% requirement shall be determined by dividing the total number of hours worked on the contract by Hawaii residents, by the total number of hours work on the contract by all employees of the Contractor in the performance of the contract. The hours worked by any subcontractor of the Contractor shall count towards the calculation for purposes of this section. The hours worked by employees within shortage trades, as determined by the Department of Labor and Industrial Relations (DLIR), shall not be included in the calculation for this section. 7.39.2 The requirements of this section shall apply to any subcontract of $50,000 or more in connection with the Contractor, that is, such subcontractors must also ensure that Hawaii residents comprise not less than 80% of the subcontractorʻs workforce used to perform the subcontract. Se also, section 7.2 – Commencement Requirements. 7.39.3 The Contractor, and any subcontractor whose subcontract is $50,000 or more, shall comply with the requirements of this section. 7.39.3.1 Certification of compliance shall be made in writing under oath by an officer of the Contractor and applicable subcontractors and submitted with the final payment request. 7.39.3.2 The certification of compliance shall be made under oath by an officer of the company by completing a Certification of Compliance for Employment of State


Residents form and executing the Certificate before a licensed notary public. See attached form at the end of Section 00700 – General Conditions. 7.39.3.3 In addition to the certification of compliance as indicated above, the Contractor and any subcontractors shall maintain records such as certified payrolls for laborers and mechanics who performed work at the site and timesheets for all other employees who performed work on the project. These records shall include the names, addresses and number of hours worked on the project by all employees of the Contractor and subcontractors who performed work on the project to validate compliance with this section. The Contractor and subcontractors shall maintain, retain and provide access to these records in accordance with Section 7.38 – RECORDS MAINTENANCE, RETENTION AND ACCESS, except that these provisions shall apply to all contracts, regardless of the value of the contract. 7.39.4 A Contractor or applicable subcontractor who fails to comply with this section shall be subject to any of the following sanctions: 7.39.4.1 With respect to the General Contractor, withholding of payment on the contract until the Contractor or its subcontractor complies with this section; or 7.39.4.2 Proceedings for debarment or suspension of the Contractor or subcontractor under Hawaii Revised Statutes §103D-702. 7.39.5 Conflict with Federal Law – This section shall not apply if the application of this section is in conflict with any federal law, or if the application of this section will disqualify the State from receiving Federal funds or aid. See Section 00800 – Special Conditions to determine if this section does not apply.

ARTICLE 8 – Measurement and Payment 8.1 MEASUREMENT OF QUANTITIES 8.1.1 All work completed under the Contract shall be measured by the Engineer according to the United States standard measures, or as stated in the Contract. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract shall conform to good engineering practice. These measurements shall be considered correct and final unless the Contractor has protested same to the Engineer and has demonstrated the existence of an error by actual physical measurement before the work has progressed in a manner which would prohibit a proper check. 8.1.2 All measurements of the area of the various surface, pavement and base courses will be made in the horizontal projection of the actual surface and no deductions will be made for fixtures or structures having an area of nine (9) square feet


or less. All measurements of headers, curbs, fences and any other type of construction which is to be paid for by its length, will be made in the horizontal projection of the actual driven length from toe to top of cutoff, except where slope exceeds ten percent (10%) and for piles, which will be by actual length. All materials which are specified for measurement by the cubic yard “Loose Measurement” or “Measured in the Vehicle” shall be hauled in approved vehicles and measured therein at the point of delivery. Approved vehicles for this purpose may be of any type or size satisfactory to the Engineer, provided that the body is of such type that the actual contents may be readily and accurately determined. Unless all vehicles on a job are of a uniform capacity each approved vehicle must bear a plainly legible identification mark indicating the specific approved capacity. The Inspector may reject all loads not hauled in such approved vehicles. 8.2 NO WAIVER OF LEGAL RIGHTS – The Engineer shall not be precluded or estopped by any measurements, estimate or certificate made either before or after the completion and acceptance of the work and payment therefor, from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement estimate or certificate is untrue or incorrectly made, or rejecting the work or materials that do not conform in fact to the contract. The Engineer shall not be precluded or estopped, notwithstanding any such measurement, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor and its sureties such damages as the Department may sustain by reason of the Contractor’s failure to comply with the terms of the contract. Neither the acceptance by the Engineer or any representative of the Engineer, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, or any possession taken by the Engineer, shall operate as a waiver of any portion of the contract, or of any power herein reserved, or any right to damage herein provided. A waiver of any notice requirement or breach of the contract shall not be held to be a waiver of any other notice requirement or subsequent breach. 8.3 PAYMENT FOR ADDITIONAL WORK 8.3.1 Payment for Changed Conditions – A contract modification or change order complying with section 4.4 PRICE ADJUSTMENT and section 4.5 ALLOWANCES FOR OVERHEAD AND PROFIT shall be issued for all changes that are directed under Section 4.2 CHANGES. No payment for any change including work performed under the force account provisions will be made until a change order is issued or contract modification is executed. 8.3.1.1 At the completion of the force account work or at an intermediate interval approved by the Contracting Officer, the Contractor shall submit its force account cost proposal, including approved daily force account records with any attached invoices or receipt, to the Department for processing a contract modification or change order.


8.3.2 On credit proposals and proposals covering both increases and decreases, the application of overhead and profit shall be on the net change in direct costs for the performance of the work. 8.3.3 When payment is to be made for additional work directed by a field order, the total price adjustment as specified in the field order or if not specified therein for the work contained in the related change order shall be considered full compensation for all materials, labor, insurance, taxes, equipment use or rental and overheads, both field and home office including extended home and branch office overhead and other related delay impact costs. 8.3.4 Force Account Method – When, for the convenience of the Department, payment is to be made by the Force Account method, all work performed or labor and materials and equipment furnished shall be paid for as described below. Payment by the Force Account method will not alter any rights, duties and obligations under the contract. 8.3.4.1 Labor – For all hourly workers, the Contractor will receive the rate of wage including fringe benefits when such amounts are required by collective bargaining agreement or other employment contract generally applicable to the classes of labor employed on the work, which shall be agreed upon in writing before beginning work for each and every hour that said labor is actually engaged in said work. (a) All markups for overhead and profit shall be added subject to limitations established in Section 4.5 ALLOWANCES FOR OVERHEAD AND PROFIT. (b) No allowance for overtime compensation will be given without the written approval of the Engineer prior to performance of such work. 8.3.4.2 Insurance and Taxes – The Contractor and subcontractor(s) will also receive the actual additional costs paid for property damage, liability, workers compensation insurance premiums, State unemployment contributions, Federal unemployment taxes, social security and Medicare taxes to which a markup of up to six percent (6%) may be added. 8.3.4.3 Materials – For materials accepted by the Engineer and used, the Contractor and subcontractor(s) shall receive the actual cost of such materials delivered and incorporated into work, plus a markup allowed under Section 4.5 ALLOWANCES FOR OVERHEAD AND PROFIT. 8.3.4.4 Subcontractors – Subcontractor costs shall be actual costs of the subcontractor marked up as defined in this Section 8.3 plus a markup allowed under 4.5 ALLOWANCES FOR OVERHEAD AND PROFIT. 8.3.4.5 Equipment


(a) For machinery or special equipment (other than small tools as herein defined in clause 8.3.4.5.(h)) owned or leased by the Contractor or a related entity, the use of which has been authorized by the Engineer: (a.1) The Contractor will be paid at the per-hour rental rates based on the monthly rate established for said machinery or equipment in the then-current edition of the Rental Rate Blue Book for Construction Equipment including the estimated operating cost per hour and regional correction provided therein. (a.2) If no rate is listed for a particular kind, type or size of machinery or equipment, then the monthly, hourly rates shall be as agreed upon in writing by the Contractor and the Engineer prior to the use of said machinery or equipment. If there is no agreement, the Engineer will set a rate. The Contractor may contest the rate pursuant to Section 7.25 DISPUTES AND CLAIMS. (a.3) Rental rates which are higher than those specified in the aforesaid Rental Rate Blue Book publication may be allowed where such higher rates can be justified by job conditions such as work in water and work on lava, etc. Request for such higher rates shall be submitted in writing to the Engineer for approval prior to the use of the machinery or equipment in question. (b) For machinery or special equipment (other than small tools as herein defined in clause 8.3.4.5(h)) rented by the Contractor or a related entity specifically for the Force Account work, the use of which has been authorized by the Engineer; the Contractor will be paid the actual rental cost for the machinery and equipment, including mobilization and demobilization costs. A receipt from the equipment supplier shall be submitted to the Engineer. (c) For machinery or special equipment (other than small tools as herein defined in clause 8.3.4.5(h)) rented by the Contractor or a related entity for use on the project, but which will also be used for the Force Account work, the use of which has been authorized by the Engineer; the Contractor will be paid the actual rental cost for the machinery and equipment. No additional mobilization and demobilization costs will be paid. A receipt from the equipment supplier shall be submitted to the Engineer. (d) The rental rate for trucks not owned by the Contractor shall be those as established under the Hawaii State Public Utilities Commission, which will be paid for as an equipment item pursuant to paragraph 8.3.4.5. Rental rates for Contractor-owned trucks not listed in the Rental Rate Blue Book shall be agreed upon in writing by the Contractor and Engineer prior to the use of said trucks. If there is no agreement, the Engineer shall set the rate. The Contractor may contest the rate pursuant to Section 7.25 DISPUTES AND CLAIMS. (e) The rental period shall begin at the time equipment reaches the site of work, shall include each day that the machinery or equipment is at the site of the work and shall terminate at the end of the day on which the equipment is no longer needed. In the event the equipment must standby due to work being delayed or halted by reason of design, traffic, or other related problems uncontrollable by the Contractor, excluding Saturdays, Sundays and Legal Holidays, unless the equipment is used to perform work


on such days, the rental shall be two hours per day until the equipment is no longer needed. (e.1) The rental time to be paid will be for the time actually used. Any hours of operation in excess of 8 hours in any one day must be approved by the Engineer prior to the performance of such work. (e.2) Rental time will not be allowed or credited for any day on which machinery or equipment is inoperative due to its breakdown. On such days, the Contractor will be paid only for the actual hours, if any, that the machinery or equipment was in operation. (e.3) In the event the Force Account work is completed in less than 8 hours, equipment rental shall nevertheless be paid for a minimum 8 hours. (e.4) For the purpose of determining the rental period the continuous and consecutive days shall be the normal 8-hour shift work day, Monday through Friday excluding legal holidays. Any work day to be paid less than 8 hours shall not be considered as continuous, except for equipment removed from rental for fuel and lubrication. (e.5.) No additional premium beyond the normal rates used will be paid for equipment over 8 hours per day or 40 hours per week. (f) All rental rates for machinery and equipment shall include the cost of fuel, oil, lubricants, supplies, small tools, necessary attachments, repairs, maintenance, tire wear, depreciation, storage, and all other incidentals. (g) All machinery and equipment shall be in good working condition and suitable for the purpose for which the machinery and equipment is to be used. (h) Individual pieces of equipment or tools having a replacement value of $1000 or less, whether or not consumed by use, shall be considered to be small tools and included in the allowed markup for overhead and profit and no separate payment will be made therefor. (i) The total of all Force Account rental charges accrued over the duration of the contract for a specific item of equipment shall not exceed the replacement cost of that equipment. (i.1) The Contractor shall provide the cost of replacement to the Engineer prior to using the equipment. If the Engineer does not agree with the replacement cost, the Engineer shall set the replacement cost. The Contractor may contest the replacement cost pursuant to Section 7.25 DISPUTES AND CLAIMS. (j) Should the item of equipment be rented from an unrelated entity, the rental cost will be treated as an equipment cost under paragraph 8.3.4.5.


(k) Transportation and/or Mobilization: The following provisions shall govern in determining the compensation to be paid to the Contractor for use of equipment or machinery on the Force Account method: (k.1) The location from which the equipment is to be moved or transported shall be approved by the Engineer. (k.2) Where the equipment must be transported to the site of the force account work, the Department will pay the reasonable cost of mobilizing and transporting the equipment, including its loading and unloading, from its original location to the site of the force account work. Upon completion of the work the Department will pay the reasonable cost of mobilizing and transporting the equipment back to its original location or to another location, whichever cost is less. (k.3) The cost of transporting the equipment shall not exceed the rates established by the Hawaii State Public Utilities Commission. If such rates are nonexistent, then the rates will be determined by the Engineer based upon the prevailing rates charged by established haulers within the locale. (k.4) Where the equipment is self-propelled, the Department will pay the cost of moving the equipment by its own power from its original location to the site of the force account work. Upon completion of the work the Department will pay the reasonable cost of moving of the Equipment back to its original or another location, whichever cost is less. (k.5) At the discretion of the Engineer, when the Contractor desires to use such equipment for other than Force Account work, the costs of mobilization and transportation shall be prorated between the Force Account and non Force Account work. (l) Pickup trucks, vans, storage trailers, unless specifically rented for the Force Account work, shall be considered incidental to the Force Account work and the costs therefor are included in the markup allowed under Section 4.5 ALLOWANCES FOR OVERHEAD AND PROFIT. 8.3.4.6 State Excise (Gross Income) Tax and Bond – A sum equal to the current percentage rate for the State excise (Gross Income) tax on the total sum determined in paragraphs 8.3.4.1, 8.3.4.2, 8.3.4.3 and 8.3.4.4 above, and the bond premium shall be added as compensation to the Contractor. The actual bond premium not to exceed one percent (1%) shall be added to items covered by paragraphs 8.3.4.1, 8.3.4.2, 8.3.4.3 and 8.3.4.4 when applicable. (a) The compensation as determined in paragraphs 8.3.4.1, 8.3.4.2, 8.3.4.3, 8.3.4.4, and 8.3.4.5 above shall be deemed to be payment in full for work paid on a force account basis. 8.3.4.7 Records – The Contractor and the Engineer shall compare records of the labor, materials and equipment rentals paid by the Force Account basis at the end of each day. These daily records, if signed by both parties, shall thereafter be the basis


for the quantities to be paid for by the Force Account method. The Contractor shall not be entitled to payment for Force Account records not signed by the Engineer. 8.3.4.8 Statements – No payment will be made for work on a Force Account basis until the Contractor has submitted to the Engineer, duplicate itemized statements of the cost of such Force Account work detailed as follows: (a) Laborers – Name, classification, date, daily hours, total hours, rate, and extension for each laborer and foreman and also the amount of fringe benefits payable if any. (b) Equipment – Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment. (c) Materials (c.1) Quantities of materials, prices and extensions. (c.2) Costs of transporting materials, if such cost is not reflected in the prices of the materials. (c.3) Statements shall be accompanied and supported by receipted invoices for all materials used and transportation charges. However, if materials used on the Force Account work are not specifically purchased for such work but are taken from the Contractor’s stock, then in lieu of the invoices the Contractors shall submit an affidavit certifying that such materials were taken from stock and that the amount claimed represents the actual cost to the Contractor. (d) Insurance – Cost of property damage, liability and worker’s compensation insurance premiums, unemployment insurance contributions, and social security tax. 8.4 PROGRESS PAYMENTS 8.4.1 Progress Payments – The Contractor will be allowed progress payments on a monthly basis upon preparing the Monthly Payment Application forms and submitting them to the Contracting Officer. The monthly payment shall be based on the items of work satisfactorily completed and the value thereof at unit prices and/or lump sum prices set forth in the contract as determined by the Contracting Officer and will be subject to compliance with Section 7.9 PAYROLLS AND PAYROLL RECORDS. 8.4.2 In the event the Contractor or any Subcontractor fails to submit certified copies of payrolls in accordance with the requirements of Section 7.9 PAYROLLS AND PAYROLL RECORDS, the Contracting Officer may retain the amount due for items of work for which payroll affidavits have not been submitted on a timely basis notwithstanding satisfactory completion of the work until such records have been duly submitted. The Contractor shall not be due any interest payment for any amount thus withheld.


8.4.3 Payment for Materials – The Contractor will also be allowed payments of the manufacturer’s, supplier’s, distributor’s or fabricator’s invoice cost of accepted materials to be incorporated in the work on the following conditions: 8.4.3.1 The materials are delivered and properly stored at the site of Work; or 8.4.3.2 For special items of materials accepted by the Contracting Officer, the materials are delivered to the Contractor or subcontractor(s) and properly stored in an acceptable location within a reasonable distance to the site of Work. 8.4.4 Partial payments shall be made only if the Contracting Officer finds that: 8.4.4.1 The Contractor has submitted bills of sale for the materials or otherwise demonstrates clear title to such materials. 8.4.4.2 The materials are insured for their full replacement value to the benefit of the Department against theft, fire, damages incurred in transportation to the site, and other hazards. 8.4.4.3 The materials are not subject to deterioration. 8.4.4.4 In case of materials stored off the project site, the materials are not commingled with other materials not to be incorporated into the project. 8.5 PROMPT PAYMENT §3-125-23 HAR 8.5.1 Any money paid to a Contractor for work performed by a subcontractor shall be disbursed to such subcontractor within ten (10) days after receipt of the money in accordance with the terms of the subcontract, provided that the subcontractor has met all the terms and conditions of the subcontract and there are no bona fide disputes on which the Contracting Officer has withheld payment. 8.5.2 Upon final payment to the Contractor, full payment to all subcontractors shall be made within ten (10) days after receipt of the money, provided there are no bona fide disputes over the subcontractor’s performance under the subcontract. 8.5.3 All sums retained or withheld from a subcontractor and otherwise due to the subcontractor for satisfactory performance under the subcontract shall be paid by the Contracting Officer to the Contractor and subsequently, upon receipt from the Contracting Officer, by the Contractor to the subcontractor within the applicable time periods specified in subsection 8.5.2 and section 103-10 HRS: 8.5.3.1 Where a subcontractor has provided evidence to the Contractor of satisfactorily completing all work under their subcontract and has provided a properly


documented final payment request as described in subsection (8.5.5) of this section, and: 8.5.3.1.a Has provided to the Contractor an acceptable performance and payment bond for the project executed by a surety company authorized to do business in the State, as provided in section 8.6 RETAINAGE; or 8.5.3.1.b The following has occurred: 8.5.3.1.b.1 A period of ninety days after the day on which the last of the labor was done or performed and the last of the material was furnished or supplied has elapsed without written notice of a claim given to Contractor and the surety, as provided for in section 103D-324 HRS; and 8.5.3.1.b.2 The subcontractor has provided to the Contractor: 8.5.3.1.b.2.1 An acceptable realease of retainage bond, executed by a surety company authorized to do business in the State, in an amount of not more than two times the amount being retained or withheld by the Contractor; 8.5.3.1.b.2.2 Any other bond acceptable to the Contractor; or 8.5.3.1.b.2.3 Any other form of mutually acceptable collateral. 8.5.4 If the Contracting Officer or the Contractor fails to pay in accordance with this section, a penalty of one and one-half per cent per month shall be imposed upon the outstanding amounts due that we not timely paid by the responsible party. The penalty may be withheld from future payment due the the Contractor, if the Contractor was the responsible party. If a Contractor has violated subsection 8.5.2 three or more times within two years of the first violation, the Contractor shall be referred by the Contracting Officer to the Contractor License Board for action under 444-17(14) HRS. 8.5.5 Final Payment Request - A properly documented final payment request from a subcontractor, as required by subsection 8.5.3, shall include: 8.5.5.1 Substantiation of the amounts requested; 8.5.5.2 A certification by the subcontractor, to the best of the subcontractorʻs knowledge and belief, that: 8.5.5.2.a The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the subcontract; 8.5.5.2.b The subcontractor has made payments due to its subcontractors and suppliers from previous payments received under the subcontract and will make timely


payments from the proceeds of the payment covered by the certification, in accordance with their subcontract agreements and the requirements of this section; and 8.5.5.2.c The payment request does not include any amounts that the subcontractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of their subcontract; and 8.5.5.2.d The submission of documentation confirming that all other terms and conditions required under the subcontract agreement have been fully satisfied. 8.5.6 The Contracting Officer shall return any final payment request that is defective to the Contractor with seven days after receipt, with a statement identifying the defect. 8.5.7 A payment request made by the Contractor to the Contracting Officer that includes a request for sums that were withheld or retained from a subcontractor and are due to a subcontractor may not be approved under subsection 8.5.3 unless the payment request includes: 8.5.7.1 Substantiation of the amounts requested; and 8.5.7.2 A certification by the Contractor, to the best of the Contractorʻs knowledge and belief; that: 8.5.7.2.a The amounts requested are only for performance in accordance with the specifications, terms and conditions of the contract; 8.5.7.2.b The subcontractor has made payments due to its subcontractors and suppliers from previous payments received under the contract and will make timely payments from the proceeds of the payment covered by the certification in accordance with their subcontract agreements and the requirements of this sections; and 8.5.7.2.c The payment request does not include any amounts that the Contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of their subcontract. 8.5.8 This section shall not be construed to impair the right of a Contractor or a subcontractor at any tier to negotiate and to include in their respective subcontracts provisions that provide for additional terms and conditions that are requested to be met before the subcontractor shall be entitled to receive final payment under subsection 8.5.3 of this section; provided that any such payments withheld shall be withheld by the Contracting Officer. 8.6 RETAINAGE – The Department will retain a portion of the amount due under the contract to the Contractor, to ensure the proper performance of the contract.


8.6.1 The sum withheld by the Department from the Contractor shall not exceed five percent (5%) of the total amount due the Contractor and that after fifty percent (50%) of the contract is completed, and progress is satisfactory, no additional sum shall be withheld; provided that if progress is not satisfactory, the Contracting Officer may continue to withhold as retainage, sums not exceeding five percent (5%) of the amount due the Contractor. 8.6.2 The retainage shall not include sums deducted as liquidated damages from moneys due or that may become due the contractor under the contract. 8.6.3 General Obligation Bonds – The Contractor may withdraw retainage monies in whole or in part by providing a general obligation bond of the State or its political subdivisions suitable to the Department. The Contractor shall endorse over to the Department and deposit with the Department any general obligation bond suitable to the Department, but in no case with a face value less than the value established by law, of the amount to be withdrawn. The Department may sell the bond and use the proceeds in the same way as it may use monies directly retained from progress payments or the final payment. 8.6.4 Any retainage provided for in this section or requested to be withheld by the Contractor shall be held by the Contracting Officer. 8.6.5 A dispute between a Contractor and subcontractor of any tier shall not constitute a dispute to which the State or any county is a party, and there is no right of action against the State or any county. The State and a county may not be interpleaded in any judicial or administrative proceeding involving such a dispute. 8.6.6 The retention amount withheld by the Contractor from its subcontractor shall not be more than the same percentage of retainage as that of the Contractor (also applies to subcontractors who subcontract work to other subcontractors) where a subcontractor has provided evidence to the Contractor of: 8.6.6.1 A valid performance and payment bond for the project that is acceptable to the Contractor and executed by a surety company authorized to do business in this State; 8.6.6.2 Any other bond acceptable to the Contractor; or 8.6.6.3 Any other form of collateral acceptable to the Contractor. 8.6.7 A written notice of any withholding shall be issued to a subcontractor, with a copy to the procurement officer, specifying the following: 8.6.7.1 The amount to be withheld;


8.6.7.2 The specific causes for the withholding under the terms of the subcontract; and 8.6.7.3 The remedial actions to be taken by the subcontractor to receive payment of the amounts withheld. 8.6.8 The provisions of this section shall not be construed to require payment to subcontractors of retainage released to a Contractor pursuant to an agreement entered into with the Contracting Officer meeting the requirements of subsection 8.6.3. 8.7 WARRANTY OF CLEAR TITLE – The Contractor warrants and guarantees that all work and materials covered by progress or partial payments made thereon shall be free and clear of all liens, claims, security interests or encumbrances, and shall become the sole property of the Department. This provision shall not, however, be construed as an acceptance of the work nor shall it be construed as relieving the Contractor from the sole responsibility for all materials and work upon which payments have been made or the restoration of any damaged work, or as waiving the right of the Department to require the fulfillment of all the items of the contract. 8.8 FINAL PAYMENT 8.8.1 Upon final settlement, the final payment amount, less all previous payments and less any sums that may have been deducted in accordance with the provisions of the contract, will be paid to the Contractor, provided the Contractor has submitted the following documents with the request for final payment: a) a current “Certificate of Vendor Compliance” issued by the Hawaii Compliance Express (HCE); and b) an originally notarized Certificate of Compliance for Employment of State Residents signed under oath by an officer of the Contractor and applicable subcontractors pursuant to chapter 103B HRS. The Certificate of Vendor Compliance is used to certify the Contractorʻs compliance with: a) Section 103D-328, HRS (for all contracts $25,000 or more) which requires a current tax clearance certificate issued by the Hawaii State Department of Taxation and the Internal Revenue Service; b) Chapters 383, 386, 392, and 393, HRS; and c) Subsection 103D-310(c), HRS. The State reserves the right to verify that compliance is current prior to the issuance of final payment. Contractors are advised that non-compliance status will result in final payment being withheld until compliance is attained. 8.8.2 Sums necessary to meet any claims of any kind by the State may be retained from the sums due the Contractor until said claims have been fully and completely discharged or otherwise satisfied. 8.9 CLAIMS ARISING OUT OF PAYMENT FOR REQUIRED WORK – If the Contractor disputes any determination made by the Contracting Officer regarding the


amount of work satisfactorily completed, or the value thereof, or the manner in which payment therefore is made or calculated, it shall notify the Contracting Officer in writing of the specific facts supporting the Contractor’s position. Such notice shall be delivered to the Contracting Officer no later than thirty (30) days after the Contractor has been tendered payment for the subject work, or, if no payment has been tendered, not later than fifty (50) days after it has submitted the Monthly Payment Application required under Section 8.4 PROGRESS PAYMENTS herein to the Contracting Officer for the work that is the subject of the dispute. The delivery of the written notice cannot be waived and shall be a condition precedent to the filing of the claim. No claim for additional compensation for extra work or change work shall be allowed under this provision, unless the notice requirements of Article 4 SCOPE OF WORK have been followed. Acceptance of partial payment of a Monthly Payment Application amount shall not be deemed a waiver of the right to make a claim described herein provided the notice provisions are followed. The existence of or filing of a payment claim herein shall not relieve the Contractor of its duty to continue with the performance of the contract in full compliance with the directions of the Contracting Officer. Any notice of claim disputing the final payment made pursuant to Section 8.8 FINAL PAYMENT must be submitted in writing not later than thirty (30) days after final payment that is identified as such has been tendered to the Contractor.


APPENDIX A

(SUBSTITUTION REQUEST)

DATE: Contracting Officer: The Judiciary: SUBJECT: SUBSTITUTION REQUEST PROJECT TITLE: JUDICIARY PROJECT I.D.: In accordance with the requirements of Section 00800 SPECIAL CONDITIONS, enclosed/attached are three (3) sets of technical brochures and statement of variances for your review and approval for the item(s) shown below. SECTION / ITEM

SPECIFIED BRAND SUBSTITUTE OR ALTERNATE BRAND

VARIANT FEATURES3

[I / Company certify/certifies]4 that the substitution request of the above item(s) has no other variant features. SIGNATURE NOTE:

1. Use own letterhead 2. Submit one (1) original and two (2) copies 3. If no variant features indicate “None” 4. Fill in appropriate entity


APPENDIX B

(NAME OF CORPORATION) I, , Secretary of Corporation, a corporation, do hereby certify that the following is a full, true and correct copy of a resolution duly adopted by the Board of Directors of said Corporation, at ist meeting duly called and held at the office of the Corporation, Street, , , on the day of , at which a quorum was present and acting throughout; and that said resolution has not been modified, amended or rescinded and continues in full force and effect:

“RESOLVED that any individual at the time holding the position of President or Vice President, be, and each of them hereby is, authorized to execute on behalf of the Corporation any bid, proposal or contract for the sale or rental of the products of the Corporation or for services to be performed by the Corporation, and to execute any bond required by any such bid, proposal or contract with the United States Government or the State of Hawaii or the City and County of Honolulu, or any County or Municipal Government of said State, or any department or subdivision of any of them.”

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Corporation this day of . Secretary (Names and Addresses of: ) President Vice President Secretary


APPENDIX C

(CONTRACT) THIS CONTRACT, made as of the day , 20XX, by and between The Judiciary - State of Hawaii, hereinafter referred to as the “Judiciary”, acting by and through the Administrative Director of the Courts, and of a duly licensed contractor in the State of Hawaii, hereinafter referred to as the “Contractor”,

WITNESSETH THAT: WHEREAS, the written proposal of the Contractor has been accepted by the Judiciary as the lowest responsible bid submitted pursuant to a call for bids for the work herein described; NOW THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties agree as follows: A. Scope of Work. The Contractor shall furnish, in accordance with the Contract Documents, all the labor, materials, machinery, tools, superintendence, transportation, and other construction accessories, services and facilities necessary to construct and complete, at its own risk and expense, the following described work or so much of said work as shall be required by the Administrative Director of the Courts. JUDICIARY PROJECT IDENTIFIER: B. Time of Completion. The work under this Contract shall be fully completed by the Contractor within working days after receipt of the Notice to Proceed from the Administrative Director of the Courts. Liquidated damages in the sum stated in the SPECIAL CONDITIONS will be deducted from the Contractorʻs final payment if the work is not completed prior to the expiration of the time limit specified above or of any time extension granted to the Contractor by the State. C. Compensation. The Judiciary shall pay the Contractor for the performance of the work specified under this Contract, the Maximum sum of $ , this figure being the amount set forth in the Contractorʻs proposal, subject to such additions and deductions as provided in the GENERAL CONDITIONS of this contract. Extras may be allowed in addition to said sum, but shall not exceed $ . All payments shall be made in the manner and at the times indicated in the Contract Documents. It is understood and agreed that the compensation paid by the Judiciary to the Contractor shall include all expenses incurred by the Contractor for all loss or damage arising


out of the nature of the work, from the action of the elements, or from any delay or unforeseen obstruction or difficulty encountered in the prosecution of the Work; for all risks of every description connected with the Work; and for all expenses incurred by or in consequence of the suspension or discontinuance of the work, except as set forth in the GENERAL CONTITIONS. It is further agreed by the parties that any portion of the Contract price payable to the Contractor out of federal funds shall be paid to the Contractor only when such federal funds are so received, and this Contract shall not be construed as binding the State to pay said portion out of any fund other than those which are received from the Federal government.

D. Guaranty of Work. The Contractor agrees to guarantee all work under this Contract for the period(s) stipulated in the Contract Documents from the Project Acceptance Date. If any unsatisfactory condition or damage develops within the time of this guaranty due to materials or workmanship that are defective, inferior, or not in accordance with the Contract, the Contractor shall, when notified by the State, immediately place such guaranteed work in a condition satisfactory to the State and make repairs of all damage to the buildings, equipment and grounds made necessary in fulfillment of the guaranty. Everything necessary for the fulfillment of any guaranty shall be done without any expense to the State. It is understood that the performance and payment bond furnished by the Contractor under this Contract may be used to secure performance of Contractorʻs guaranty.

E. Contract Documents. It is understood and agreed that the following documents, and any amendments or addenda thereto, comprise this Cotract and are fully a part of this Contract as though attached hereto or set forth at length herein: (1) Contractorʻs accepted proposal; (2) GENERAL CONDITIONS; (3) Drawings; (4) Specifications, including the Notice to Contractors, Special Notice to Bidders and SPECIAL CONDITIONS, if any; (5) Combination Performance and Labor and Material Payment Bond; and (6) This Contract agreement.

F. Entire Agreement. This contract is the entire agreement between the parties, and no alterations, changes or additions thereto shall be made, except in writing approved by the parties. IN WITNESS WHEREOF, the parties have executed this Contract the day and year first above written. THE JUDICIARY - STATE OF HAWAII By Administrative Director of the Courts CONTRACTOR APPROVED AS TO FORM By Judiciary Staff Attorney Its


CONTRACTORʻS ACKNOWLEDGMENT STATE OF ) : SS COUNTY OF ) On this day of , before me appeared described in and, who, being by me duly sworn, did say that he/she/they is/are and of the Contractor named in the forgoing instrument, and that he/she/they is/are authorized to sign said instrument in behalf of the Contractor, and acknowledges that he/she/they executed said instrument as the free act and deed of the Contractor. (Notary Seal) Notory Public State of My commission expires: APPROVAL CONTIGENT UPON CERTIFICATION OF FUNDS


APPENDIX D

(SURETY [BID] [PROPOSAL] BOND) Bond No. KNOW TO ALL BY THESE PRESENTS: That we, (full name or legal title of offeror) , as Offeror, hereinafter called Principal, and (name of bonding company , as Surety, hereinafter called Surety, a corporation authorized to transact business as a Surety in the State of Hawaii, are held and firmly bound unto the State of Hawaii, as owner, hereinafter called Owner, in the penal sum of (Required amount of bid security) DOLLARS ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assign, jointly and severally, firmly by these presents. WHEREAS: The Prinicipal has submitted an offer for (project by number and brief description) NOW, THEREFORE: The condition of this obligation is such that if the Owner shall reject said offer, or in the alternate, accept the offer of the Principal and the Principal shall enter into a Contract with the Owner in accordance with the terms of such offer, and give such bond or bonds as may be specified in the solicitation of Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof as specified in the solicitation then this obligation shall be null and void, otherwise to remain in full force and effect. Signed this Day of . (Seal) [Name of Principal (Contractor)] Signature Title [Name of Surety] Signature Title


APPENDIX E (PERFORMANCE BOND – SURETY)

KNOW TO ALL BY THESE PRESENTS: That (Full Legal Name and Street Address of Contractor) as Contractor, hereinafter called Principal, and (Name and Street Address of Bonding Company) as Surety, hereinafter called Surety, a corporation(s) authorized to transact business as a surety in the State of Hawaii, are held and firmly bound unto the , (State/County Entity) its successors and assigns, hereinafter called Obligee, in the amount of DOLLARS ($ ), to which payment Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above-bound Principal has entered into a contract with Obligee dated for: Judiciary Project Identifier: hereinafter called Contract, which Contract is incorporated herein by reference and made a part hereof. NOW THEREFORE, the condition of this obligation is such that: If the Principal shall promptly and faithfully perform, and fully complete the Contract in strict accordance with the terms of the Contract as said Contract may be modified or amended from time to time; then this obligation shall be void; otherwise to remain in full force and effect. Surety to this Bond hereby stipulates and agrees that no changes, extensions of time, alterations, or additions to the terms of the Contract, including the work to be performed thereunder, and the specifications or drawings accompanying same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such changes, extensions of time, alterations, or additions, and agrees that they shall become part of the Contract. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid to the Principal shall automatically increase the obligation of the Surety on this bond by the amount of the increase and notice to Surety is not required for such increased obligation.


In the event of Default by the Principal, of the obligations under the Contract, then after written Notice of Default from the Obligee to the Surety and the Principal and subject to the limitation of the penal sum of this bond, Surety shall remedy the Default, or take over the work to be performed under the Contract and complete such work, or pay moneys to the Obligee in satisfaction of the suretyʻs performance obligation on this bond. Signed this day of , . (Seal) Name of Principal (Contractor) * Signature Title (Seal) Name of Surety * Signature Title APPROVED AS TO FORM: Judiciary Staff Attorney *ALL SIGNATURES MUST BE ACKNOWLEDGED BY A NOTARY PUBLIC


APPENDIX F

(PERFORMANCE BOND – CONTRACTOR) KNOW TO ALL BY THESE PRESENTS: That we (full legal name and street address of Contractor) , as Contractor, hereinafter called Contractor, is held and firmly bound unto The Judiciary - State of Hawaii its successors and assigns, as Obligee, hereinafter called Obligee, in the amount of (Dollar amount of contract) , DOLLARS ($ ), lawful money of the United States of America, for the payment of which to the said Obligee, well and truly to be made, Contractor binds itself, its heirs, executors, administrators, successors and assigns, firmly by these presents. Said amount as evidenced by: □ Legal tender; □ Share Certificate unconditionally assigned to or made payable at sight to ; Description ; □ Certificate of Deposit, No. , dated , issued by , drawn on , a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or conditionally assigned to ; □ Cashierʻs Check No. , dated , issued by , drawn on , a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or conditionally assigned to ; □ Tellerʻs Check No. , dated , issued by , drawn on , a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or conditionally assigned to ; □ Treasurerʻs Check No. , dated , issued by , drawn on , a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or conditionally assigned to ; □ Official Check No. , dated , issued by , drawn on , a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or conditionally assigned to ; □ Certified Check No. , dated , accepted by a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National


Credit Union Administration, payable at sight or conditionally assigned to ; WHEREAS: The Contractor has by written agreement dated entered into a contract with Obligee for the following Project: Hereinafter called Contract, which Contract is incorporated herein by reference and made a part hereof. NOW THEREFORE, The condition of this obligation is such that, if Contractor shall promptly and faithfully perform the Contract in accordance with, in all respects, the stipulations, agreements, covenants and conditions of the Contract as it now exists or may be modified according to its terms, and shall deliver the Project to the Obligee, or to its successors or assigns, fully completed as in the Contract specified and free from all liens and claims and without further costs, expense or charge to the Obligee, its officers, agents, successors or assigns, free and harmless from all suits or actions of every nature and kind which may be brought for or on account of any injury or damage, direct or indirect, arising or growing out of the doing of said work or the repair or maintenance thereof or the manner of doing the same or the neglect of the Contractor or its agents or servants of the improper performance of the Contract by the Contractor or its agents or servants or from any other cause, then this obligation shall be void; otherwise it shall be and remain in full force and effect. AND IT IS HEREBY STIPULATED AND AGREED that suit on this bond may be brought before a court of competent jurisdiction without a jury, and that the sum or sums specificed in the said Contract as liquidated damages, if any, shall be forfeited to the Obligee, its successors or assigns, in the event of a breach of any, or all, or any part of, the covenants, agreements, conditions, or stipulations contained in the Contract or in this bond in accordance with the terms thereof. The amount of this bond may be reduced by and to the extent of any payment or payments made in good faith hereunder. Signed this day of . (Seal) [Name of Principal (Contractor)] Signature Title *ALL SIGNATURES MUST BE ACKNOWLEDGED BY A NOTARY PUBLIC

APPENDIX G


(LABOR AND MATERIAL PAYMENT BOND – SURETY) KNOW TO ALL BY THESE PRESENTS: That , (Full Legal Name and Street Address of Contractor) as Contractor, hereinafter called Principal, and , as Surety, (Name and Street Address of Bonding Company hereinafter called Surety, a corporation(s) authorized to transact business as a surety in the State of Hawaii, are held and firmly bonded unto the , (State/County Entity) its successors and assigns, hereinafter called Obligee, in the amount of DOLLARS ($ ), to which payment Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above-bound Prinicipal has entered into a Contract with Obligee dated for: JUDICIARY PROJECT ID: , hereinafter called Contract, which Contract is incorporated herein by reference and made a part hereof. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor and materials supplied to the Principal for use in the performance of the Contractt, then this Obligation shall be void; otherwise to remain in full force and effect.

1. Surety to this Bond hereby stipulates and agrees that no changes, extensions of time, alterations, or additions to the terms of the Contract, including the work to be performed thereunder, and the specifications or drawings accompanying same, shall in any way affect its obligation on this bond and it does hereby waive notice of any such changes, extensions of time, alterations, or additions, and agrees that they shall become part of the Contract. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid to the Principal shall automatically increase the obligation of the Surety on this bond by the amount of the increase and notice to Surety is not required for such increased obligation.

2. A “Claimant” shall be defined herein as any person who has furnished labor or materials

to the Principal for the work provided in the Contract. Every Claimant who has not be paid amounts due for the labor and materials furnished for work provided in the Contract may institute an action against the Principal and its Surety on


this bond at the time and in the manner prescribed in Section 103D-324, Hawaii Revised Statutes, and have the rights and claims adjudicated in the action, and judgment rendered thereon, subject to the Obligeeʻs priority on this bond. If the full amount of the liability of the Surety on the bond is insufficient to pay the full amount of the claims, then after paying the full amount due the Obligee, the remainder shall be distributed pro rata among the claimants. Signed this day of , . (Seal) Name of Principal (Contractor) * Signature Title (Seal) Name of Surety * Signature Title APPROVED AS TO FORM: Judiciary Staff Attorney *ALL SIGNATURES MUST BE ACKNOWLEDGED BY A NOTARY PUBLIC.


APPENDIX H (LABOR AND MATERIAL PAYMENT BOND – CONTRACTOR)

KNOW TO ALL BY THESE PRESENTS: That we (full legal name and street address of Contractor) , as Contractor, hereinafter called Contractor, is held and firmly bound unto the State of Hawaii its successors and assigns, as Obligee, hereinafter called Obligee, in the amount of (Dollar amount of contract) , DOLLARS ($ ), lawful money of the United States of America, for the payment of which to the said Obligee, well and truly to be made, Contractor binds itself, its heirs, executors, administrators, successors and assigns, firmly by these presents. Said amount as evidenced by: □ Legal tender; □ Share Certificate unconditionally assigned to or made payable at sight to ; Description ; □ Certificate of Deposit, No. , dated , issued by , drawn on , a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or conditionally assigned to ; □ Cashierʻs Check No. , dated , issued by , drawn on , a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or conditionally assigned to ; □ Tellerʻs Check No. , dated , issued by , drawn on , a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or conditionally assigned to ; □ Treasurerʻs Check No. , dated , issued by , drawn on , a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or conditionally assigned to ; □ Official Check No. , dated , issued by , drawn on , a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or conditionally assigned to ; □ Certified Check No. , dated , accepted by a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, payable at sight or conditionally assigned to ;


WHEREAS: The Contractor has by written agreement dated entered into a contract with Obligee for the following Project: Hereinafter call Contract, which Contract is incorporated herein by reference and made a part hereof. NOW THEREFORE, The condition of this obligation is such that, if Contractor shall promptly and faithfully perform the Contract in accordance with, in all respects, the stipulations, agreements, covenants and conditions of the Contract as it now exists or may be modified according to its terms, and shall deliver the Project to the Obligee, or to its successors or assigns, fully completed as in the Contract specified and free from all liens and claims and without further costs, expense or charge to the Obligee, its officers, agents, successors or assigns, free and harmless from all suits or actions of every nature and kind which may be brought for or on account of any injury or damage, direct or indirect, arising or growing out of the doing of said work or the repair or maintenance thereof or the manner of doing the same or the neglect of the Contractor or its agents or servants of the improper performance of the Contract by the Contractor or its agents or servants or from any other cause, then this obligation shall be void; otherwise it shall be and remain in full force and effect. AND IT IS HEREBY STIPULATED AND AGREED that suit on this bond may be brought before a court of competent jurisdiction without a jury, and that the sum or sums specificed in the said Contract as liquidated damages, if any, shall be forfeited to the Obligee, its successors or assigns, in the event of a breach of any, or all, or any part of, the covenants, agreements, conditions, or stipulations contained in the Contract or in this bond in accordance with the terms thereof. AND IT IS HEREBY STIPULATED AND AGREED that this bond shall inure to the benefit of any all persons entitled to file claims for labor performed or materials furnished in said work so as to give any and all such persons a right of action as contemplated by Sections 103D-324(d) and 103D-324(e), Hawaii Revised Statutes. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment of mechanics; liens which may be filed of record against the Project, whether or not claim for the amount of such lien be presented under and against this bond. Signed this day of . (Seal) [Name of Principal (Contractor)] Signature Title *ALL SIGNATURES MUST BE ACKNOWLEDGED BY A NOTARY PUBLIC


APPENDIX I CONTRACTOR ACKNOWLEDGMENT

(FOR USE WITH PERFORMANCE AND PAYMENT BONDS) STATE OF ) : SS COUNTY OF ) On this day of , before me appeared and to me known to be the person(s) described in and, who, being by me duly sworn, did say that he/she/they is/are and of the Contractor named in the foregoing instrument, and that he/she/they is/are authorized to sign said instrument in behalf of the Contractor, and acknowledges that he/she/they executed said instrument as the free act ad deed of the Contractor. (Notary Seal) Notary Public State of My commission expires:

SURETY ACKNOWLEDGMENT (FOR USE WITH PERFORMANCE AND PAYMENT BONDS)

INDIVIDUAL ATTORNEY‐IN‐FACT ACTING FOR CORPORATION STATE OF ) : SS COUNTY OF ) On this day of , before me personally came to me personally known to be the person described in and, who, being by me, did depose and say that resides in ; that is the Attorney‐in‐fact of , the corporation described in and which executed the attached instrument; that knows the corporate seal of the Board of Directors of the said corporation; and that signed name thereto by like order (Notary Seal) Notary Public State of My commission expires:


APPENDIX J [STATE PROCUREMENT OFFICE]

(CERTIFICATION OF RECYCLED CONTENT)

Solicitation No.: Title: Issuance Date: Opening Date: Item No. Product

Name Product Description

Manufacturer Post-Consumer Recovered Material Content*

Recovered Material Content*

*Post‐consumer recovered material and recovered material content, as defined in §3‐124‐21, HAR, measured as percentage of total product weight. Attach manufacturerʻs specifica ons or cer fica on, as required by §3‐124‐24(d), HAR. Recycled content measurements to be used for bid evaluation. If more space is required for product information, additional sheets may be attached. I DECLARE THAT THE RECYCLED CONTENT HAS BEEN EXAMINED BY ME AND IS TO THE BEST OF MY KNOWLEDGE AND BELIEF, TRUE AND CORRECT. Authorized Representative Company: Name: Name: Title: Address : Signature: Telephone: Date:


APPENDIX K (VALUE ENGINEERING CHANGE PROPOSAL)

“STATE” OR “NAME OF COUNTY”

VECP NO. DATE:

PROJECT TITLE:

PROJECT NO.

CONTRACT NO.

CONTRACTOR:

A. CHANGES:

The following changes are to be performed in accordance with all contract stipulations and covenants (Specifications, Drawings, SPECIAL CONDITIONS, etc.):

B. CONTRACTORʻS QUOTATION:

The changes included under Part A above will be performed at a contract price decrease of $ in accordance with all terms of the contract documents. Six copies of our cost breakdowns are attached herewith. We are aware that this value engineering change proposal must be approved by The Judiciary – State of Hawaii in the designated space below and that no work is to be performed until an approved change order has been given us. In case of rejection of this proposal by The Judiciary - State of Hawaii, we will continue all work in accordance with the existing contract terms.

NAME TITLE SIGNATURE DATE

C. STATEMENT OF FUNDS:

Original Contract Price.......................................................$ Amended Contract Price....................................................$ New Contingency...............................................................$

D. SUMMARY DESCRIPTION AND POTENTIAL IMPACTS OF THE PROPOSED CHANGES:


E. TIME EXTENSION: F. VALIDATION OF CHANGE ORDER G. REJECTION OF CHANGE ORDER

Recommend for Approval CONSTRUCTION ENGINEER CONSTRUCTION ENGINEER Approved: Disapproved: CONTRACTING OFFICER CONTRACTING OFFICER DATE DATE

REASONS FOR REJECTION:


VALUE ENGINEERING CHANGE PROPOSAL (Contractor Summary Sheet)

From Date To VECP No. Project Contract Location Summary of Change (Description – compare advantages and disadvantages, include all information required by the contract clauses and section §3-132-4 for value engineering change proposals) Before (sketch, when applicable) After ESTIMATED COST SUMMARY (Costs shall be estimated in accordnace with the change provisions contained in the General Clause of the contract. Attach Cost Estimate form, for detailed estimate whenever applicable.)

Qty Unit Cost Totals A Original B Proposed C Gross Savings (A-B) D Contractorʻs Implementing Cost E Total Estimated Decrease (C-D) F Stateʻs Implementing Cost G Difference (E-F) H ½ Difference ((E-F) * ½) I Reduction in Contract Price (E-H)

DATE BY WHICH A CHANGE ORDER MUST BE ISSUED SO AS TO OBTAIN MAXIMUM COST REDUCTION Date Contractorʻs Representative Name Signature Date Received by: THE JUDICIARY – STATE OF HAWAII Name Signature Date


VALUE ENGINEERING CHANGE PROPOSAL (Contractor Required information)

From Date To VECP No. Project Contract No. Location INFORMATION REQUIRED OF THE CONTRACTOR (If answer to any of the following questions is “YES”, explain in remarks below. YES NO

1 Does this proposal change affect the time of completion of the contract as stated in the General Conditions?

2 Has the Contractor submitted this proposed change previously to this office or any other government agency?

3 Does this change affect other costs to the government, such as government-furnished property or costs of contract-related items?

4 Does this proposed change increase the maintenance or operation costs of original or proposed items?

5 Is a subcontractor involved in this proposed change to the contract?

6 Does the Contractor intend to restrict the governmentʻs right to use any data described in this proposed change?

7 Does this proposed change involve the use of proprietary materials?

CHANGES OR REVISIONS TO DRAWINGS AND SPECIFICATIONS (Attach applicable contract drawings and specifications, including Contractorʻs or shop drawings of literature with all changed marked on the drawings and specifications. REMARKS Contractorʻs Representative Name Signature Date Received by: THE JUDICIARY – STATE OF HAWAII Name Signature Date

APPENDIX L ESTIMATE FOR FIELD ORDER OR BULLETIN


CONTRACTORʻS ESTIMATE FOR CHANGE Date Project Judiciary Project ID Contractor/Sub Reference: Bulletin No. Field Order No. Description

MATERIALS Description Unit(s) Unit Price Subtotal 0.00 0.00 0.00 0.00 0.00 TOTAL FOR MATERIALS 0.00 01

LABOR WAGES FRINGE Fringe x

Hrs Wage x

Hrs

Classification Hrs Hour Rate Fringe Rate Subtotal Subtotal 0.0 0.00 0.00 0.00

0.0 0.00 0.00 0.00

0.0 0.00 0.00 0.00

0.0 0.00 0.00 0.00

0.0 0.00 0.00 0.00

SUBTOTAL Fringe Rate x Hours

0.00 02

SUBTOTAL Wage Rate x Hours

0.00 03

TOTAL FOR LABOR – Wages and Fringe (2 + 3) 04 SUBTOTAL – Materials and Labor (1 + 4) 05 Overhead and Profit at 15% (maximum) 15 % of (5) 06 Insurance and Taxes 0 % of (3) 07 Overhead for Insurance and Taxes 6% 6 % of (7) 08 TOTAL – MATERIALS and LABOR (5 + 6 + 7 + 8) 09

EQUIPMENT / REIMBURSABLE COSTS (per diem, air fare, etc. Classification Unit/Hours Unit(s) Rate Subtotal TOTAL FOR EQUIPMENT / REIMBURSABLE COSTS 10

SUBCONTRACTORS NAME Amount 7% Markup Subtotal TOTAL FOR SUBCONTRACTORS 11


TOTAL – MATLS, LABOR and EQUIP / REIMBURSABLES (9+10+11) 12 Bond Fee (if applicable) 1% max 0 % On (12) 13 Gross Income Tax (Less Subcon cost (11)) x % On (12+13) 14 TOTAL FOR CHANGE ORDER (12+13+14) SAY


APPENDIX M

CERTIFICATION OF COMPLIANCE FOR

EMPLOYMENT OF STATE RESIDENTS HRS 103B

Project Title: Judiciary Project Identifier: Contract No.:

As required by Hawaii Revised Statutes 103B – Employment of State Residents on Construction Procurement Contracts, I hereby certify under oath, that I am an officer of

(Name of Contractor or Subcontractor Company)

and for the Project Contract indicated above,

(Name of Contractor or Subcontractor Company)

was in compliance with HRS 103B by employing a workforce of which not less than eighty percent are Hawaii residents, as calculated according to the formula in the solicitation, to perform this Contract.

□ I am an officer of the Contractor for this contract □ I am an officer of a Subcontractor for this contract (Corporate Seal) (Name of Company) (Signature *) (Print Name) (Print Title)


CONTRACTOR ACKNOWLEDGMENT (FOR USE WITH CERTIFICATION OF COMPLIANCE

FOR EMPLOYMENT OF STATE RESIDENTS, HRS 103B) STATE OF ) : SS COUNTY OF ) On this day of , before me appeared and to me known to be the person(s) described in and, who, being by me duly sworn, did say that he/she/they is/are and of the Contractor named in the foregoing instrument, and that he/she/they is/are authorized to sign said instrument in behalf of the Contractor, and acknowledges that he/she/they executed said instrument as the free act ad deed of the Contractor. (Notary Seal) Notary Public State of My commission expires:


APPENDIX N

(CHANGE ORDER FORM) CHANGE ORDER NO. DATE JUDICIARY PROJECT ID CONTRACT PROJECT TITLE CONTRACTOR ISSUED BY THE JUDICIARY A. CHANGES THE FOLLOWING CHANGES ARE TO BE PERFORMED IN ACCORDANCE WITH ALL CONTRACT STIPULATIONS (SPECIFICATIONS, DRAWINGS, SPECIAL CONDITIONS, ETC.)

B. CONTRACTORʻS QUOTATION THE CHANGES DESCRIBED IN A. ABOVE WILL BE PERFORMED AT □ INCREASE A CONTRACT PRICE OF $ □ DECREASE AND □ EXTENSION A CONTRACT TIME OF DAYS □ REDUCTION NAME TITLE DATE C. STATEMENT OF CONTACT FUNDS AND CONTRACT TIME

ORIGINAL CONTRACT PRICE

ORIGINAL EXTRAS NOTICE TO PROCEED DATE

PREVIOUS ADJUSTED CONTRACT PRICE

PREVIOUS BALANCE OF EXTRAS

ORIGINAL CONTRACT TIME

WD

AMOUNT THIS CHANGE

AMENDMENT ORIGINAL COMPLETION DATE

PLUS

PLUS

PREVIOUS TIME EXTENSIONS ALLOWED

WD

MINUS

MINUS

TIME EXTENSIONS ALLOWED THIS CHANGE

WD

NEW ADJUSTED CONTRACT PRICE

NEW CONTRACT COMPLETION DATE


D. VALIDATION OF CHANGE ORDER APPROVAL RECOMMENDED: APPROVED: CONTRACTING OFFICER / DATE ADMINISTRATIVE DIRECTOR OF THE COURTS / DATE

DISTRIBUTION: PURCHASING - 1 ADMINISTRATION FISCAL - 1 CIP-1 USER - 1 CONTRACTOR -1


APPENDIX O (FIELD ORDER FORM)

FIELD ORDER

DATE TO: FILED ORDER NO. JUD PROJECT ID PROJECT Work shall be performed in accordance with this FIELD ORDER and applicable provisions of the Contract Documents. To expedite the Work and avoid delays, proceed with this work promptly. DESCRIPTION OF WORK TO BE PERFORMED OR DELETED: ATTACHMENTS: CONDITIONS AND TERMS: □ Work is considered a MINOR CHANGE and shall be performed at no additional cost or time to the Department. □ Provide a cost proposal for the Work. Submit the proposal in accordance with the General Conditions □ Perform the Work under the Force Account Provisions of the General Conditions □ Work is subject to an adjustment to contract price and/or contract time as follows: □ Fixed □ Estimated □ Maximum Change in Contract Sum. Add / Deduct $ □ Fixed □ Estimated □ Maximum Change in Contract Time. Add Working / Calendar Days

ISSUED RECEIVED BY BY Contracting Officer / Date Contractor Authorized Representative / Date cc: Consultant Administrative Director of the Courts


PART 2 – PRODUCTS (Not Used) PART 3 – EXECUTION (Not Used)

END OF SECTION

Project Identifier: OPM 22-1-0500 Special Conditions 00800 - 1

SECTION 00800 - SPECIAL CONDITIONS

PART 1 - GENERAL

1.01 GENERAL CONDITIONS A. As specified in SECTION 00700 - GENERAL CONDITIONS: The GENERAL

CONDITIONS and these SPECIAL CONDITIONS shall govern all work specified in all Divisions and Sections.

B. Revisions to the GENERAL CONDITIONS: The following conditions included in this

paragraph 1.1 B. and subparagraphs shall govern respective items in the published GENERAL CONDITIONS and in SECTION 00700 - GENERAL CONDITIONS, paragraph entitled REVISIONS TO THE GENERAL CONDITIONS. 1. Under ARTICLE 3 - AWARD AND EXECUTION OF CONTRACTS, modify section

3.11 NOTICE TO PROCEED by deleting subsections 3.11.1 and 3.11.2 and substituting the following:

“3.11.1 After the contract is fully executed and signed by the Comptroller, the

Contractor will be sent a letter allowing the ordering of approved materials before the formal Notice to Proceed letter is sent. Subsequently, the formal Notice to Proceed letter will be sent informing the Contractor of the date on which it shall proceed with the designated work. The Contractor shall be allowed ten (10) consecutive working days from said date to begin its work. In the event that the Contractor refuses or neglects to start the work, the Comptroller may terminate the contract in accordance with Section 7.27 TERMINATION OF CONTRACT FOR CAUSE.”

2. Under ARTICLE 3 – AWARD AND EXECUTION OF CONTRACT, modify section 3.11

NOTICE TO PROCEED, by deleting subsection 3.11.4 and substitute the following new paragraph 3.11.4:

“3.11.4 In the event the Notice to Proceed is not issued within one hundred and eighty

(180) days after the date of the bid opening, the Contractor may submit a claim for increased labor and material costs (but not overhead costs) which are directly attributable to the delay beyond the first 180 days. Such claims shall be accompanied with the necessary documentation to justify the claim. No payment will be made for escalation costs that are not fully justified as determined by the State.”

1.02 SUBMITTAL DATES FOR CLARIFICATION A. Written requests must be received no later than 4:30 pm, on May 11, 2022. B. For questions or clarifications on the plans and specifications during bidding, offerors must

submit in writing through HIePRO. Use “QUESTIONS AND CLARIFICATIONS” form found at the end of this Section. Be specific and list drawing/detail and specification section or paragraph that requires attention.

C. For general questions on the solicitation requirements or processes, submit written

requests to the Purchasing Specialist through HIePRO.. D. HIePRO web site: https://hiepro.ehawaii.gov/welcome.html


1.03 PROJECT CONTACT PERSON AND JUDICIARY CONTACTS A. Project Contact – (To be assigned upon Notice to Proceed)

B. The Judiciary Contact - For questions or clarifications on the plans and specifications

during bidding, offerors must submit in the HIePRO system using “QUESTIONS AND CLARIFICATIONS” form found at the end of this section. For general questions on the procurement requirements or processes call by telephone.

The Project Contact NAME: Mark Andrade POSITION OR TITLE: Court Operations Specialist TELEPHONE NO: (808) 539-4448 FAX NO: (808) 539-4402 [email protected]

Purchasing Specialist, Contracts and Purchasing NAME Tritia Cruz EMAIL ADDRESS: [email protected] TELEPHONE NUMBER (808) 538-5805

C. Project Coordinator: Office of Project Management

NAME Mark J. Andrade POSITION OR TITLE: Acting Coordinator, Office of Project Management TELEPHONE NO.: (808) 539-4448 EMAIL: [email protected]

D. Websites:

Judiciary web site: http://www.courts.state.hi.us HIePRO web site: https://hiepro.ehawaii.gov/welcome.html

E. Contacts During Construction: (TBD)

1.04 LIQUIDATED DAMAGES A. In accordance with the GENERAL CONDITIONS, Article 7 - PROSECUTION AND

PROGRESS, Section 7.26, FAILURE TO COMPLETE THE WORK ON TIME, upon failure to complete the work or any portion of the work within the time or times fixed in the contract or extension thereof, the Contractor shall pay liquidated damages to the State, in the amount of $189.00, per calendar day of delay.

B. In accordance with the GENERAL CONDITIONS, Article 7 - PROSECUTION AND

PROGRESS, Section 7.32, PROJECT ACCEPTANCE DATE; upon failure to correct punch list deficiencies, within the time or times fixed in the contract or extension thereof, the Contractor shall pay liquidated damages to the State, in the amount equal to 10 percent of the liquidated damages, per calendar day of delay.

C. In accordance with the GENERAL CONDITIONS, Article 7 - PROSECUTION AND

PROGRESS, Section 7.33, FINAL SETTLEMENT OF CONTRACT; upon failure to submit closing documents within the time or times fixed in the contract or extension thereof, the Contractor shall pay liquidated damages to the State, in the amount equal to five percent of the liquidated damages, per calendar day of delay.


1.05 SPECIALTY CONTRACTOR’S AND SUBCONTRACTOR’S LICENSE A. Contractor shall be solely responsible to assure that all the specialty licenses required to

perform the work are covered by the Contractor or its Subcontractor(s) or joint Contractors.

1.06 WORKING HOURS A. Portions of this work may be completed during regular business hours of Monday through

Friday, 7:00am to 4:30pm, unless otherwise noted or restricted under SECTION 01100 - PROJECT REQUIREMENTS, and only if the work does not generate any noise or odors in the courtrooms immediately below. Any work activities generating noise or odors must be performed after regular business hours. In the event of conflict, the working hours provisions of specification SECTION 01100 - PROJECT REQUIREMENTS shall govern over this item 1.6.

B. The Contractor may be given approval to work beyond the regular hours including

Saturdays, Sundays, State Holidays, night work, or after hours under the provisions of the GENERAL CONDITIONS, Article 7 - PROSECUTION AND PROGRESS, Section 7.10, OVERTIME AND NIGHT WORK and under specifications SECTION 01100 - PROJECT REQUIREMENTS.

1.07 REPORTS (NOT USED)

1.08 SPECIFIC PROJECT REQUIREMENTS A. Permits – Building, and Electrical permits should not be required for this project.

B. The Contractor shall include the cost of Sheriff(s) required for its operations in order to

complete the work specified within the contract duration in its bid price.



END OF SECTION


QUESTIONS AND CLARIFICATIONS (WRITTEN REQUESTS ONLY) PROJECT NAME: Ka`ahumanu Hale PROJECT TITLE: Roof Repairs Judiciary Project Identifier OPM 22-1-0500 PROJECT COORDINATOR: Mark Andrade

_____________________________________________________ BID OPENING DATE: May 25, 2022 (This request must be received no less than 14 days prior to bid opening) PERSON MAKING REQUEST: ________________________________________________ COMPANY: ________________________________________________________________ TELEPHONE NO.: _____________________ E-MAIL: ____________________________ QUESTION OR CLARIFICATION (Be specific and list drawing/detail and specification section or paragraph that requires attention. Attach additional pages as necessary. Submit thru HIePRO website at https://hiepro.ehawaii.gove/welcome.html.

Project Identifier: OPM 22-1-0500 Project Requirements 01100 - 1

SECTION 01100 - PROJECT REQUIREMENTS

PART 1 - GENERAL

1.01 WORK COVERED BY CONTRACT DOCUMENTS A. Project Identification

1. Project Title: Roof Repairs 2. Project Location:

Ka`ahumanu Hale 777 Punchbowl Street Honolulu, Hawai‘i 96813 Tax Map Key: 2-1-030:003

B. The work generally consists of removing the roof membrane and insulation under the cooling tower and installing a new roof that is properly sloped towards the drains. Also included in this work would be polyurethane patches around each of the 42 roof drains, and polyurethane patches along the top edge of all vertical flashing. Portions of this work may be completed during regular business hours of Monday through Friday, 7:00am to 4:30pm, unless otherwise noted or restricted under SECTION 01100 - PROJECT REQUIREMENTS, and only if the work does not generate any noise or odors in the courtrooms immediately below. Any work activities generating noise or odors must be performed after regular business hours.

C. Perform operations and furnish equipment, fixtures, appliances, tools, materials, related

items and labor necessary to execute, complete and deliver the Work as required by the Contract Documents.

D. The Division and Sections into which these specifications are divided shall not be

considered an accurate or complete segregation of work by trades. This also applies to work specified within each section.

E. Contractor shall not alter the Drawings and Specifications. If an error or discrepancy is

found, notify the Contracting Officer.

F. Specifying of interface and coordination in the various specification sections is provided for information and convenience only. These requirements in the various sections shall complement the requirements of this Section.

G. The Contractor is forewarned the Hoapili Hale Building will be in operation during the

construction period. Accordingly, all outage work shall be scheduled and performed after normal operating hours (i.e., during nights, weekends and other non-operating hours including holidays).

Contractor shall hire and pay for Deputy Sheriffs to monitor the Contractor’s employee’s movement in building for all work performed in Hoapili Hale. A minimum of two (2) Deputy Sheriffs are required for any assignment.

Contractor’s work schedule shall be coordinated with, and submitted to the Project Contact and Project Coordinator no less than ten (10) days in advance and shall be approved by the Project Contact before implementation.


It is the sole responsibility of the Contractor to ensure adequate manpower is employed in order to complete the project as specified. For all Contractor employees working at Hoapili Hale, Contractor will submit to Project Coordinator the workers’ name, birth date, ans social security number for worker passes to the facility. Employee information will be submitted no less than seven (7) working days in advance of employee entering the facility.

1.02 SPECIFICATION FORMATS AND CONVENTIONS A. Specification Content: The Specifications use certain conventions for the style of language

and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: 1. Abbreviated Language: Language used in the Specifications and other Contract

Documents is abbreviated and include incomplete sentences. Omission of words or phrases such as “the Contractor shall”, “as shown on the drawings”, “a”, “an”, and “the” are intentional. Omitted words and phrases shall be provided by inference to form complete sentences. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be inferred, as the sense requires. Singular words shall be interpreted as plural, and plural words shall be interpreted as singular where applicable as the context of the Contract Documents indicates. Where devices, or items, or parts thereof are referred to in the singular, it is intended that such reference shall apply to as many such devices, items or parts as are required to properly complete the Work.

2. Imperative mood and streamlined language are generally used in the Specifications.

Requirements expressed in the imperative mood are to be performed by Contractor. Occasionally, the indicative or subjunctive mood may be used in the Section Text for clarity to describe responsibilities that must be fulfilled indirectly by Contractor or by others when so noted. a. The words “shall”, “shall be”, or “shall comply with”, depending on the context, are

implied where a colon (:) is used within a sentence or phrase.

3. Abbreviations and Acronyms for Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities indicated in Gale Research’s “Encyclopedia of Associations” or in Columbia Books’ “National Trade & Professional Associations of the U.S.”.

B. Terms

1. Directed: Terms such as “directed”, “requested”, “authorized”, “selected”, “approved”, “required”, and “permitted” mean directed by Contracting Officer, requested by Contracting Officer, and similar phrases.

2. Indicated: The term “indicated” refers to graphic representations, notes, or schedules

on drawings or to other paragraphs or schedules in specifications and similar requirements in the Contract Documents. Terms such as “shown”, “noted”, “scheduled”, and “specified” are used to help the user locate the reference.

3. Furnish: The term “furnish” means to supply and deliver to project site, ready for

unloading, unpacking, assembly, and similar operations.


4. Install: The term “install” describes operations at project site including unloading, temporary storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations.

5. Provide: The terms “provide” or “provides” means to furnish and install, complete and

ready for the intended use.

6. Installer: An installer is the Contractor or another entity engaged by Contractor as an employee, Subcontractor, or Sub-Subcontractor, to perform a particular construction operation, including installation, erection, application, and similar operations.

7. Submit: Terms such as “submit”, “furnish”, “provide”, and “prepare” and similar

phrases in the context of a submittal, means to submit to the Contracting Officer.

C. Industry Standards 1. Applicability of Standards: Unless the Contract Documents include more stringent

requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference.

2. Publication Dates: Comply with standards in effect as of date of the Contract

Documents, unless otherwise indicated.

3. Conflicting Requirements: If compliance with 2 or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer uncertainties and requirements that are different, but apparently equal, to Contracting Officer for a decision before proceeding.

1.03 CONTRACT A. Refer to SECTION 00800 - SPECIAL CONDITIONS for other contract conditions.

B. Construction Window: (Not Used)

C. Project Schedule: (Not Used)

1.04 WORK SEQUENCE A. The Work will be conducted in a single construction phase

1.05 USE OF PREMISES AND WORK RESTRICTIONS A. General: The Contractor is notified that the entire building will generally remain

operational throughout the entire duration of the project.

B. The Contractor shall schedule and perform his work and operations to conform to the requirements of The Judiciary (including requirements for the schedule and hours of the court, noise restrictions and security requirements described elsewhere), and in such a manner as to minimize inconvenience, hazards and disturbance upon the building’s occupants and to ensure their safety. 1. Coordinate construction, shutdown and schedules with the Project Contact Person

and Contracting Officer.


2. All building areas (e.g. rooms, offices, etc.) shall be fully operational at the end of utility shutdown periods.

3. As the building area will remain operational throughout the entire duration of the

project, safe access and egress around the project site shall be maintained at all times.

4. Disruptions of access, etc. shall be coordinated in writing with the Project Contact Person and Contracting Officer. Disruptions shall also be identified in the work schedule.

5. The Contractor shall provide construction aids as necessary to maintain normal

operations of the building and to protect the public and staff.

C. As the building will be operational during the duration of the project, on-site parking, storage and staging, etc. will be limited. 1. Coordinate construction, shutdown and schedules with the Project Contact Person

and Contracting Officer.

D. Contractor’s use of premises is restricted as follows: 1. Construction Times and Schedule:

a. Portions of this work may be completed during regular business hours of Monday through Friday, 7:00am to 4:30pm, unless otherwise noted or restricted under SECTION 01100 - PROJECT REQUIREMENTS, and only if the work does not generate any noise or odors in the courtrooms immediately below. Any activities generating noise or odors must be performed after regular business hours. Contractor shall hire and pay for Deputy Sheriffs to monitor contractor movements in building as part of this Contract.

b. Work required to be performed during normal business hours may be allowed by

prior arrangement and shall be coordinated in writing with the Project Contact. Work shall be identified in the work schedule.

c. Loud, disruptive noises, hazmat removal work, and outages shall be conducted

outside of the Buildings normal business hours of operation.

2. Site Access and Parking: a. Parking: Parking for the Contractor’s employees (or Subcontractors) will be limited

to the available areas within the designated Project Contract Limits or in areas designated by the Contracting Officer. Do not use parking stalls in regularly designated parking zones within the Facility grounds. Unauthorized vehicles parked in marked stalls and in any area outside of the designated project construction site will be subject to towing at the Contractor’s expense.

b. Maintain access to the Loading area through Project Contract Limits.

3. Sanitation:

a. Use of the building’s toilet facilities will be restricted to public toilet facilities. These facilities are located in the public area near the stairway. Do not use the “Staff” toilets located in the back hallways. Failure to keep such facilities clean and neat will subject the Contractor to loss of privilege.


4. Noise and Dust Control: a. In adjacent locations surrounding the project site, noise, dust and other disrupting

activities, resulting from construction operations, are detrimental to the conduct of Judiciary activities. Therefore, Contractor shall monitor its construction activities. Exercise precaution when using equipment and machinery to keep the noise and dust levels to a minimum.

b. To reduce loud disruptive noise levels, ensure mufflers and other devices are

provided on equipment, internal combustion engines and compressors.

c. Schedule construction activities that create excessive noise and dust problems, such as concrete coring, drilling, hammering, trenching, and demolition, for the weekends, holidays or non-operational hours. Overtime costs for the Contractor’s employees and work force are the Contractor’s responsibility.

d. The Contracting Officer will require any construction activity that produces

excessiveness of noise and dust to be performed during non-operational hours. The Contracting Officer shall make the final determination. Overtime costs for the Contractor’s employees and work force are the Contractor’s responsibility.

5. Other Conditions:

a. Arrange for construction debris and trash to be removed from the project site daily (includes the “loading dock”).

b. Operate machinery and equipment with discretion and with minimum interference

to driveways and walkways. Do not leave machinery and equipment unattended on roads and driveways.

c. The contractor may store materials and equipment on the roof. No other space for

storage of material or equipment is provided on site. Contractor to transport to and from site as needed.

d. Keep access roads to the project site free of dirt and debris. Provide, erect and

maintain lights, barriers, signs, etc. when working on roads, driveways and walkways to protect pedestrians and moped/bicycle riders. Obey traffic and safety regulations.

E. Security Provisions:

1. Security Checks: a. After award and before commencement of any work on The Project, Contractor

shall submit for a security check a list of the names, dates of birth, and Social Security Numbers of all workers planned to work on the site. Any worker who has a previous record of any felonious or any conviction for such offenses other than minor traffic offenses will not be permitted to work on this project. The list of workers shall be kept current at all times. Workers shall not enter the jobsite until receipt of clearance is obtained from the Contracting Officer. Workers found on the site without proper clearance will be removed immediately. Worker lists may be transmitted Attn: Contracting Officer via fax to (808) 539-4402 during normal operational hours. Work during normal business hours, when approved in advance, will require workers to obtain a visitor’s badge from the Sheriff’s office or Facilities Management Office and wear it at all times while in the building. After


hours work will be supervised, by Sheriffs, so badges are not necessary. Note that it may take up to five business days lead time before workers receive clearance.

2. Sheriff Oversight:

a. All movements of the Contractor’s employees into and within the building will be subject to control by the Sheriff’s Division. The Contractors, his agents or employees shall be subject to personal search whenever the Sheriffs Division deems such action necessary for the safety of the building. This shall also include the inspection of lunch boxes, toolboxes, clothing and equipment. Introduction or possession of weapons, narcotics, alcoholic beverages, or contraband to the project site is prohibited.

b. When work is performed outside the normal operating hours (7:45 AM – 4:30 PM)

of the Judiciary (or users operations), only a single entry to the building will be permitted and a Special Duty Officer (Deputy Sheriff) shall be stationed at this entrance throughout the period that it is open. All construction workers must remain in line-of-sight of a Deputy Sheriff. Workers moving from one work area to another must be accompanied by a Sheriff in order to comply with this requirement. The Contractor shall be restricted to the area of construction and shall at no time enter other areas unless granted permission by the Sheriff’s Deputy on duty. Contact and arrange with the Department of Public Safety, Sheriff’s Division, Special Duty Coordinator Deputy Kirk Enos, telephone (808) 587-3663, facsimile (808) 587-3662, cellular (808) 285-6001 or email at [email protected] and provide the time, date and location where the project is to be constructed to provide the security personnel. Make arrangements at least 48 hours before security personnel are required. Special Duty Officer charges are [$45.00] per hour or fraction thereof (minimum of quarter hour increments), a minimum of 4 hours is required unless approved beforehand. If the situation requires more Sheriffs, each additional Sheriff will be paid at the same hourly rate. A Sergeant at an hourly rate of [$50.00] will be required for every four Sheriffs and a Lieutenant at an hourly rate of [$55.00] will be required for every three Sergeants. Assignment cancellations must be made, in writing, and faxed or emailed to the fax number or email address shown above. If the Sheriff’s office receives less than 12 hours’ notice for cancellation of scheduled security services, a minimum of four hours per Sheriff will be assessed to the requester. Pay for Sheriffs costs as part of the contract. Payment shall be made directly to the Special Duty Officer within 5 days of receipt after the Officer fills out a W-9 form on the jobsite.

c. In addition to contacting the Special Duty Coordinator, contact the Sheriff’s Office

with local jurisdiction over the project building as follows: 1. Circuit Court: Sergeant Reff Makue (808) 539-4597

d. Note that the Sheriff’s provide access to the jobsite and possess keys for access

to other areas of the building, if needed.

3. Tool, Material and Equipment Controls: a. All hand tools, cables, ropes and other implements shall be transported and

retained, except when in use, in approved, locked tool boxes. At all times, tools shall be subject to inventory by the Sheriff’s Deputies. During the progress of the work, care shall be taken that no tool is left unguarded or unattended at any time. It is an urgent matter that missing tools, equipment, etc. be reported immediately


to those in authority. Material and equipment shall be brought into the work area through entrance as approved by those in authority and shall be carried to and stored in limited areas as approved. Introduction or possession of weapons, narcotics, alcoholic beverages, or contraband to the project site is prohibited.

b. Explosives, explosive devices or any equipment associated with a system that

could be used as an explosive shall not be allowed.

4. Exterior Openings, Scaffolding, Ladders, Temporary Enclosures, Staging, Lifting and Safety Devices: a. Ensure that there are no openings in the walls/windows, roofs/doors of the building

where unlawful entry in the building is possible. All exterior openings which have been opened for construction shall be securely closed at the end of the Contractor’s workday, unless otherwise directed by the Judiciary. Scaffolding, ladders and other equipment used for vertical access may remain but must be properly secured to prevent unauthorized access at the end of each day’s work provided that pedestrian access is not obstructed.

1.06 WORK UNDER OTHER CONTRACTS A. Cooperation with Other Work:

1. The Judiciary may execute a separate contract for certain construction or services at the project site. Cooperate fully with separate Contractors so work on those contracts may be carried out smoothly, without interfering with or delaying work under this contract.



END OF SECTION

Project Identifier: OPM 22-1-0500 Project Management and Coordination 01310 - 1

SECTION 01310 - PROJECT MANAGEMENT AND COORDINATION

PART 1 - GENERAL

1.01 SUMMARY A. This Section includes administrative provisions for coordinating construction operations

on Project including, but not limited to, the following: 1. General project coordination procedures.

2. Project Meetings.

1.02 PERFORMANCE AND COORDINATION A. Contractor is in charge of the Work within the Project Contract Limits, and shall direct and

schedule the Work. Include general supervision, management and control of the Work of this project, in addition to other areas more specifically noted throughout the Specifications. Final responsibility for performance, interface, and completion of the Work and the Project is the Contractor’s.

B. The Contractor is responsible for jobsite Administration. Provide a competent

superintendent on the job and provide an adequate staff to execute the Work. In addition, all workers shall dress appropriately and conduct themselves properly at all times. Loud abusive behavior, sexual harassment and misconduct will not be tolerated. Workers found in violation of the above shall be removed from the job site as directed by the Contracting Officer.

C. The Judiciary will hold the Contractor liable for all the acts of Subcontractors and shall deal

only with the Prime Contractor in matters pertaining to other trades employed on the job.

D. Coordination: Provide project interface and coordination to properly and accurately bring together the several parts, components, systems, and assemblies as required to complete the Work pursuant to the GENERAL CONDITIONS and SPECIAL CONDITIONS. 1. Provide interface and coordination of all trades, crafts and subcontracts. Ensure and

make correct and accurate connections of abutting, adjoining, overlapping, and related work. Provide anchors, fasteners, accessories, appurtenances, and incidental items needed to complete the Work, fully, and correctly in accordance with the Contract Documents.

2. Provide additional structural components, bracing, blocking, miscellaneous metal,

backing, anchors, fasteners, and installation accessories required to properly anchor, fasten, or attach material, equipment, hardware, systems and assemblies to the structure.

3. Provide excavation, backfilling, trenching and drilling for trades to install their work.

4. Provide concrete foundations, pads, supports, bases, and grouting for trades as

needed to install their work.

5. Provide caulking, sealing, and flashing as required to waterproof the building complete and as required to insulate the building thermally and acoustically. Include sealing, flashing, and related work as required to prevent moisture intrusion, air infiltration, and light leakage.


6. Equipment, appliances, fixtures, and systems requiring plumbing and mechanical

services, rough-in, and connections, or other utilities and services shall be provided with such services, rough-in, and final connections.

7. Equipment, appliances, fixtures, hardware, and systems requiring electrical services

shall be provided with such electrical services, including outlets, switches, overload protection, interlocks, panelboard space, disconnects, circuit breakers, and connections.

8. Materials, equipment, component parts, accessories, incidental items, connections,

and services required to complete the Work which are not provided by Subcontractors shall be provided by the Contractor.

9. Coordination: Coordinate construction operations included in various Sections of the

Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections, that depend on each other for proper installation, connection, and operation.

1.03 COOPERATION WITH OTHER CONTRACTORS A. The Judiciary reserves the right at any time to contract for or otherwise perform other or

additional work within the Project Contract Limits. The Contractor of this project shall to the extent ordered by the Contracting Officer, conduct its work so as not to interfere with or hinder the progress or completion of the work performed by the Judiciary or other Contractors.

1.04 COORDINATION WITH OTHER PRIME CONTRACTORS A. Multiple prime Contractors performing work under separate agreements with the Judiciary

may be present near the project location, adjacent to and abutting the Project Contract Limits. This Contractor shall coordinate activities, sequence of work, protective barriers and any and all areas of work interfacing with other Prime Contractor’s work. Contractor shall provide a continuity of finishes, walks, landscape, etc. at abutting Contract Limits so no additional work will be required. Any damage to other Prime Contractor’s Work committed by this Contractor (or its Subcontractor) shall be repaired promptly at no additional cost to the State.

B. Coordinate Subcontractors and keep them informed of any work from the other Projects

that may affect the site or the Subcontractor’s work. If the Contractor has any questions regarding its coordination responsibilities or needs clarification as to the impact in scheduling of its work and the work of other projects, this Contractor shall notify the Contracting Officer in writing.

C. Subject to approval by the Contracting Officer, this Contractor shall amend and schedule

its work and operations to minimize disruptions to the work and operations of other projects. 1. Relocate or remove and replace temporary barriers, fencing supports or bracing to

allow work by others to proceed unimpeded. Do not remove required barriers supporting work until specified time or as approved by the Contracting Officer. This does not relieve the Contractor of the responsibility of proper coordination of the work. If directed by the Contracting Officer, leave in place any temporary barriers.


2. Coordinate work that abuts or overlaps work of the other projects with the Contracting Officer and other Prime Contractors to mutual agreement so that work is 100 percent complete with continuity of all materials, systems and finishes.

3. When directed by the Contracting Officer, provide access into the construction zone to

allow the other project’s Contractor(s) to perform their Work and work that must be interfaced.

4. Contractor shall adjust and coordinate its Work and operations as required by the other

projects as part of the Work of this contract without additional cost or delay to the State.

5. When directed by the Contracting Officer provide a combined Contractor’s construction schedule.

D. Other Contracts: If known, they are listed in SECTION 01100 - PROJECT

REQUIREMENTS.

1.05 PROJECT MEETINGS A. General: Schedule and conduct meetings and conferences as directed by the Contracting

Officer at the Contracting Officer’s office, unless otherwise indicated. 1. Attendees: Inform participants and others involved, and individuals whose presence

is required, of date and time of each meeting. Notify Contracting Officer of scheduled meeting dates and times.

2. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees.

3. Minutes: Contractor record significant discussions and agreements achieved.

Distribute the meeting minutes to everyone concerned, including Contracting Officer, within 7 days of the meeting.

B. Preconstruction Conference: Contracting Officer shall schedule a preconstruction

conference before the start of construction, at a time convenient to the Contracting Officer, but no later than 7 days before the Project start date or jobsite start date whichever is later. Conference will be held at the Project site or another convenient location. The Contracting Officer shall conduct the meeting to review responsibilities and personnel assignments. 1. Attendees: Contracting Officer, and design consultants; Facility Users; Contractor and

its superintendent; major Subcontractors; manufacturers; suppliers; and other concerned parties shall attend the conference. All participants at the conference shall be familiar with the Project and authorized to conclude matters relating to the Work.

2. Agenda: Discuss items of significance that could affect progress, including the

following: a. Tentative construction schedule.

b. Phasing.

c. Critical work sequencing and coordination.

d. Designation of responsible personnel.

e. Use of the premises.


f. Responsibility for temporary facilities and controls.

g. Parking availability.

h. Office, work, and storage areas.

i. Equipment deliveries and priorities.

j. First aid.

k. Security.

l. Progress cleaning.

m. Working hours.

C. Progress Meetings: Conduct two (2) progress meetings per month or other intervals as

determined by the Project Contact. Schedule meeting time at close to end of normal business hour. Coordinate dates of meetings with preparation of payment requests. 1. Attendees: In addition to Project Contact, each Contractor, Subcontractor, supplier,

and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work.

2. Agenda: Review and correct or approve minutes of previous progress meeting.

Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a. Contractor’s Construction Schedule: Review progress since the last meeting.

Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor’s Construction Schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time.

b. Review present and future needs of each entity present, including the following:

1) Outstanding Requests for information (clarification).

2) Interface requirements.

3) Sequence of operations.

4) Status of outstanding submittals.

5) Deliveries.

6) Off-site fabrication.

7) Access.


8) Site utilization.

9) Temporary facilities and controls.

10) Work hours.

11) Hazards and risks.

12) Progress cleaning.

13) Quality and work standards.

14) Force Account work.

15) Change Orders and Change Proposals.

16) Documentation of information for payment requests.

c. Corrective Action Plan: Contractor shall provide a plan of corrective action for any item which is delayed or expected to be delayed, then that item impacts the contractual dates.

3. Reporting: Distribute minutes of the meeting to each party present and to parties who

should have been present. Include a brief summary, in narrative form, of progress since the previous meeting and report. a. Schedule Updating: Revise Contractor’s Construction Schedule after each

progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting.

D. Judiciary may require weekly project meeting if project fails to maintain a reasonable

schedule or if there are significant issues with quality or behavior, until progress, workmanship or behavior improves, at Judiciary’s judgment.



END OF SECTION

Project Identifier: OPM 22-1-0500 Construction Progress Documentation 01320 - 1

SECTION 01320 - CONSTRUCTION PROGRESS DOCUMENTATION

PART 1 - GENERAL

1.01 SUMMARY A. This Section includes general requirements for documenting the progress of construction

during performance of the Work. Provide 3 sets of the following: 1. Contractor’s Construction Schedule.

2. Schedule of Prices.

3. Payment Application – format for review and approval.

B. Related Sections include the following:

1. SECTION 01310 - PROJECT MANAGEMENT AND COORDINATION for preparing a combined Contractor’s Construction Schedule.

2. SECTION 01330 - SUBMITTAL PROCEDURES for submitting schedules and reports.

1.02 DEFINITIONS A. Activity: A discrete part of a project that can be identified for planning, scheduling,

monitoring, and controlling the construction project. Activities included in a construction schedule consume time and resources. 1. Critical activities are activities on the critical path and control the total length of the

project. They must start and finish on the planned early start and finish times.

2. Predecessor activity is an activity that must be completed before a given activity can be started.

B. CPM: Critical path method, which is a method of planning and scheduling a construction

project where activities are arranged based on activity relationships. Network calculations determine when activities can be performed and the critical path of project.

C. Critical Path: The longest continuous chain of activities through the network schedule that

establishes the minimum overall Project duration and contains no float.

D. Event: The starting or ending point of an activity.

E. Float: The measure of leeway in starting and completing an activity. 1. Float time is not for the exclusive use or benefit of either the Department or Contractor,

but is a jointly owned, expiring Project resource available to both parties as needed to meet schedule milestones and Contract completion date.

2. Free float is the amount of time an activity can be delayed without adversely affecting

the early start of the following activity.

3. Total float is the measure of leeway in starting or completing an activity without adversely affecting the planned Project completion date.


F. Schedule of Prices: A statement furnished by Contractor allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Payment Applications.

1.03 SUBMITTALS A. Required Submittals: Submit 4 sets of the list of the required submittals, by Specification

Section, within 15 days after award of the contract or upon earlier written instructions from the Contracting Officer. 1. The listing shall indicate and include the following:

a. The number of copies required for submittal.

b. Planned submittal date.

c. Approval date required by the Contractor.

d. A space where the “date of submittal” can be inserted.

e. A space where the “date of approval” can be inserted.

f. A space where an “action code” can be inserted.

B. Construction Schedule: Submit 4 sets of the Construction Schedule for review within 15 days after the award of the contract or upon earlier written instructions from the Contracting Officer.

C. Schedule of Prices: Submit 3 sets of the Schedule of Prices integrated with the

Construction Schedule for review within 15 days after the award of the contract or upon earlier written instructions from the Contracting Officer. 1. Use the Department’s forms for Payment applications.

D. Payment Application: Submit the payment application at earliest possible date and no

sooner than the last day of the month after all payroll affidavits, updated submittal registers, and schedules have been submitted.

1.04 COORDINATION A. Coordinate preparation and processing of schedules and reports with performance of

construction activities and with scheduling and reporting of separate Contractors.

B. Construction Schedule: Coordinate Contractor’s Construction Schedule with the Schedule of Prices, Submittals Schedule, loaded monthly event activity, and other required schedules and reports. 1. Secure time commitments for performing critical elements of the Work from parties

involved.

2. Coordinate each construction activity in the network with other activities and schedule them in proper sequence.

3. Provide 3-Week Look-Ahead Schedule: Submit 3-week look-ahead schedule, updated

weekly. Coordinate schedule for performing critical elements of the Work with Judiciary operations.


C. Schedule of Prices: Coordinate preparation of the schedule with preparation of Contractor’s Construction Schedule. 1. Correlate line items in the Schedule of Prices with other required administrative forms

and schedules, including the following: a. The Department’s Payment Application form and the Construction Progress

Report continuation sheet for the event cost estimate per time period.

b. Submittals Schedule.

PART 2 - PRODUCTS

2.01 SUBMITTALS A. Comply with the GENERAL CONDITIONS “SHOP DRAWINGS AND OTHER

SUBMITTALS” Article. Furnish required submittals specified in this Section and in the Technical Sections. Submittals include one or more of the following: shop drawings, color samples, material samples, technical data, material safety data information, schedules of materials, schedules of operations, guarantees, certifications, operating and maintenance manuals, and field posted as-built drawings.

B. Preparation: Furnish a schedule of submittals per Contracting Officer.

1. Coordinate Submittals Schedule with list of subcontracts, the Schedule of Prices, and Contractor’s Construction Schedule.

2. The schedule shall accommodate a minimum of 25 calendar days for the State’s

review, as applicable for the Island the project is located.

3. Prepare and submit an updated list to the Contracting Officer at monthly intervals or as directed by the Contracting Officer. The listing shall reflect all approvals received since the last update.

2.02 CONTRACTOR’S CONSTRUCTION SCHEDULE - GANTT CHART METHOD A. The construction schedule shall be in the form of a progress chart of suitable scale to

indicate appropriately the percentage of work scheduled for completion by any given date during the period. The progress chart shall indicate the order in which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment).

B. Upon completion of the Contracting Officer’s review, the Contractor shall amend the

schedule as necessary to reflect the comments. If necessary, the Contractor shall participate in a meeting with the Contracting Officer to discuss the proposed schedule and changes required. Submit the revised schedule for review within 7 calendar days after receipt of the comments.

C. Use the reviewed schedule for planning, organizing and directing the work, for reporting

progress, and for requesting payment for the work completed. Unless providing an update, do not make changes to the reviewed schedule without the Contracting Officer’s approval.

D. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved

schedule, the Contractor shall take steps necessary to improve progress, including those that may be required by the Contracting Officer, without additional cost to the State. The


Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, or amount of construction plant, and to submit for approval any supplemental schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

E. Update the construction schedule at monthly intervals or when directed by the Contracting

Officer to revise the schedule. Reflect any changes occurring since the last update with each invoice for progress payment. Submit copies of the purchase orders and confirmation of the delivery dates as directed. The Contracting Officer’s review of the updated schedule is to check that the updated schedule does not alter the construction performance period unless the period was revised through a change order or contract modification.

2.03 SCHEDULE OF PRICES A. Furnish a schedule of prices per Contracting Officer.

B. Provide a breakdown of the Contract Sum in enough detail to facilitate developing and the

continued evaluation of Payment Applications. Provide several line items for principal subcontract amounts, or for materials or equipment purchased or fabricated and stored, but not yet installed, where appropriate. Round amounts to nearest whole dollar; total shall equal the Contract Price.

C. Each item in the Schedule of Prices and Payment Application shall be complete. Include

total cost and proportionate share of general overhead and profit for each item.

2.04 PAYMENT APPLICATION A. Use the Schedule of Prices as the Monthly Construction Progress Report. Each Payment

Application shall be consistent with previous applications and payments. The Contracting Officer shall determine the appropriateness of each payment application item.

B. Payment Application Times: The date for each progress payment is the last day of each

month. The period covered by each Payment Application starts on the first day of the month or following the end of the preceding period and ends on the last day of the month.

C. Updating: Update the schedule of prices listed in the Payment application when Change

Orders or Contract Modifications result in a change in the Contract Price.

D. Provide a separate line item for each part of the Work where Payment Application may include materials or equipment purchased or fabricated and stored, but not yet installed.

E. Differentiate between items stored on-site and items stored off-site. Include evidence of

insurance or bonded warehousing if required.

F. Provide separate line items for initial cost of materials, for each subsequent stage of completion, and for total installed value of that part of the Work.

G. Payment Application Forms: Use and submit copies of the Payment Application and

Construction Progress forms provided by Department. Forms are available at the Department’s Public Works Division office or District office. Furnish 7 copies.


H. Application Preparation: Complete every entry on form. Execute by a person authorized to sign legal documents on behalf of the Contractor. 1. Entries shall match data on the Schedule of Prices and Contractor’s Construction

Schedule. Use updated schedules if revisions were made. Include amounts of Change Orders and Contract Modifications issued before last day of construction period covered by application.

I. No payment will be made until the following are submitted each month:

1. Monthly Estimate, 3 copies.

2. Monthly Progress Report, 3 copies.

3. Statement of Contract Time, 3 copies.

4. Updated Submittal Register, 1 copy.

5. Updated Progress Schedule, 1 copy.

6. All Daily Reports, 1 copy.

7. All Payroll Affidavits for work done, 1 copy.

J. Retainage: The Department will withhold retainage in compliance with the GENERAL CONDITIONS.

K. Transmittal: Submit the signed original and 3 copies of each Payment Application for

processing.

2.05 GENERAL CONTRACTOR AND SUBCONTRACTORS DAILY PROGRESS REPORTS A. The General Contractor is responsible for submitting the General Contractor and

Subcontractor Daily Progress Reports (Daily Reports) for the General Contractor, all subcontractors, and any lower-tier subcontractors.

B. The form of the Daily Reports shall be as directed by the Contracting Officer. A separate

report shall be made and submitted for the General Contractor (each calendar day) and each subcontractor (each day worked). The report shall include the following information for each employer: Name of General Contractor or Subcontractor, Report Number, Contract Day (consecutive calendar day from Notice to Proceed (NTP) Date), Date worked, work location and description, number of workers, trade/labor classification, and work hours. For General Contractor, only the Contract Day is required because the Report Number will be the same number.

C. The Daily Reports shall be prepared from the project NTP Date. Daily Reports shall

continue to be prepared and submitted up to the Project Acceptance Date. After the Project Acceptance Date, Daily Reports will be submitted for days worked only, and continue to date of Contract Completion Notice. Running Contract Day will stop at Project Acceptance Date.

D. Submit/upload copies of the previous day's reports to the appropriate online folder(s)

within the State's web based construction management system as directed by the Contracting Officer by 10:00 a.m. of the next working day.


E. Daily Reports can be handwritten in the field, and shall be uploaded by the General

Contractor to the State's web based construction management system. The reports shall use the following file naming convention:

CN R# CD# YYMMDD

CN: Company Name of General Contractor or Subcontractor (2 capital letters) R#: Daily Report number (3 digits, used only by Subcontractor) CD#: Contract Day (consecutive calendar day from NTP Date, 3 digits) YYMMDD: Report Date in numerals (year, month, day, 6 digits)

Examples: HS 011 015 170314, for Honolulu Subcontractor, Inc. HG 015 170314, for Honolulu General Contractor, Inc.

F. A sample Daily Progress Report Form can be found at the end of this Section.

PART 3 - EXECUTION (NOT USED)

END OF SECTION


THE JUDICIARY ‐ STATE OF HAWAIʻʻI

DAILY PROGRESS REPORT

PROJECT: JUD Proj ID:

Contractor:

Certified by:

Weather: Condition:

Number

(Workers) Hours

Daily Report Form (JUD) Page _ of _

Contracting Officer:

Project Contact:

REPORT NO.:

CONTRACT DAY:

DATE:

Materials and equipment delivered today:

WORK PERFORMED TODAY

Testing done today:

Questions or problems:

Remarks:

Work location and description Trade/Labor Class

Observed defective work:

Observed corrective work:

Project Identifier: OPM 22-1-0500 Submittal Procedures 01330 - 1

SECTION 01330 - SUBMITTAL PROCEDURES

PART 1 - GENERAL

1.01 SUMMARY A. Comply with the GENERAL CONDITIONS “Shop Drawings and Other Submittals” section

and “Material Samples” section.

B. This Section includes administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other miscellaneous submittals.

C. Related Sections include the following:

1. SECTION 01320 - CONSTRUCTION PROGRESS DOCUMENTATION for submitting schedules and reports, including Contractor’s Construction Schedule and the Submittals Schedule.

2. SECTION 01770 - CLOSEOUT PROCEDURES for submitting warranties, project

record documents and operation and maintenance manuals.

1.02 SUBMITTAL PROCEDURES A. Coordinate Work and Submittals: Contractor shall certify the submittals were reviewed

and coordinated.

B. Submittal Certification: Provide a reproduction of the “Submittal Certification” and furnish the required information with all submittals. Include the certification on: 1. The title sheet of each shop drawing, or on

2. The cover sheet of submittals in 8-1/2 inch x 11-inch format, or on

3. One face of a cardstock tag (minimum size 3-inch x 6-inch) tied to each sample. On

the sample tag, identify the sample to ensure sample can be matched to the tag if accidentally separated.

C. Variances: The Contractor shall request approval for a variance. Clearly note any

proposed deviations or variances from the Specifications, Drawings, and other Contract Documents on the submittal and also in a separately written letter accompanying the submittal.


D. Submittal Certification Form (stamp or digital)

CONTRACTOR’S NAME:

PROJECT:

JUD PROJ ID:

As the General Contractor, we checked this submittal and we certify it is correct, complete, and in compliance with Contract Drawings and Specifications. All affected Contractors and suppliers are aware of, and will integrate this submittal into their own work.

SUBMITTAL NUMBER DATE RECEIVED

REVISION NUMBER DATE RECEIVED

SPECIFICATION SECTION NUMBER /PARAGRAPH NUMBER

DRAWING NUMBER

SUBCONTRACTOR’S NAME

SUPPLIER’S NAME

MANUFACTURER’S NAME

NOTE: DEVIATIONS FROM THE CONTRACT DOCUMENTS ARE PROPOSED AS FOLLOWS (Indicate “NONE” if there are no deviations)

CERTIFIED BY

PART 2 - PRODUCTS (NOT USED)

PART 3 - EXECUTION

3.01 SUBMITTAL LISTING A. Contractor shall use submittal register and transmittal forms as directed by the Contracting

Officer.

B. The listing of required submittals within this Section is provided for the Contractor’s convenience. Review the specification technical sections and prepare a comprehensive listing of required submittals. Furnish submittals to the Contracting Officer for review.

C. Contractor shall separate each submittal item by listing all submittals in the following

groups with the items in each group sequentially listed by the specification section they come from: 1. Administrative 2. Data 3. Tests 4. Closing

D. Contractor shall separate all different types of data as separate line items all with the

column requirements.


E. Contractor shall send monthly updates and reconciled copies electronically to the Contracting Officer and the Design Consultant in MS Word or MS Excel or other format as accepted by the Contracting Officer

Section No. – Title

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01310 – Project Management and Coordination

■ ■

01320 – Construction Progress Documenta-tion

■ ■

01330 – Submittal Procedures

■ ■

01575 – Temporary Controls – Air Quality Requirements

■ ■

01700 – Execution Requirements

■

01770 – Closeout Procedures

■ ■ ■ ■ ■

02070 - Selective Demolition

■ ■ ■

07110 - Polyurethane Waterproofing

■ ■ ■ ■ ■ ■

07113 - PMMA Membrane Waterproofing

■


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07220 - Roof and Deck Insulation

■ ■ ■ ■

07530 - Thermoplastic Membrane Roofing

■ ■ ■ ■ ■ ■

07620 - Sheet Metal Flashing and Trim

■ ■ ■ ■ ■

07920 - Joint Sealants

■ ■ ■ ■ ■

15400 - Facility Storm Drainage

■ ■

15700 - Rooftop Mechanical Equipment

■ ■

END OF SECTION

Project Identifier: OPM 22-1-0500 Temporary Controls - Air Quality Requirements 01575 - 1

SECTION 01575 - TEMPORARY CONTROLS - AIR QUALITY REQUIREMENTS

PART 1 - GENERAL

1.01 SUMMARY A. This section describes the steps that the Contractor shall perform to control odors or dusts

generated by the equipment, materials, or actions of the construction process that may affect the quality of air to non-Contractor personnel.

1.02 REFERENCES A "Indoor Air Quality" published by the Sheetmetal and Air Conditioning Contractor's National

Association (SMACNA).

B. American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) standards as follows: 62; 55; 52; and 1.

C. "Indoor Air Quality in Public Buildings", Volumes I and II, by Sheldon L, Handy RW,

Hartwell TD, et al:, (Public Access Buildings Study).

D. National Particleboard Association (NPA) Standard for Formaldehyde Emission for Particleboard: NPA6.

1.03 DEFINITIONS A. "A/C" (Air Cond.) means any or all of the equipment used to air condition a building or

space.

B. "Air changes per hour'' shall mean a number calculated by the maximum work area length in feet times the maximum work area width in feet times the maximum work area height in feet divided by 60 times the cubic feet per minute of air movement (L x W x H)/(60 x CFM).

C. "Odor" means something that can be detected by a person's sense of smell whether

objectionable or not to the person.

D. "Perceivable" means able to attain an awareness solely through the use of the human senses such as smell, sight, hearing, taste, and touch.

E. "VOC" means volatile organic compound, a compound containing a chemical constituent

with a boiling point of less than 100 Deg C (volatile) and that contains carbon (organic).

F. "VOC emission rate" means the total amount of hydrocarbons emitted per area and unit of time as determined from the product and test method data supplied by the manufacturer or from data in the EPA Public Access Buildings Study.

1.04 SUBMITTALS A. Submit a certification, which may be a copy of the product label or Material Safety Data

Sheets (MSDS), of the VOC emission rate for all VOC containing products. MSDS sheets and labels are acceptable only if the VOC data is available and highlighted.

B. Submit VOC emission rates for all products containing any VOC compounds. Maintain a

copy of the VOC certifications and emission rates (in a 3-ring binder) at the job site.


PART 2 - PRODUCTS

2.01 MATERIALS A. Provide temporary equipment including fans, blowers, tape, ducts, temporary wall

materials and other similar items.

PART 3 - EXECUTION

3.01 GENERAL REQUIREMENTS A. If all particleboard products used in the Project meet NPA 6 Standard, and all other VOC-

containing materials have certified VOC emission rates less than 100 micrograms/m2h, the requirements of PART 3 - EXECUTION are not required for VOC control.

B. Ensure the all work areas are isolated from those areas in which persons not employed

by the Contractor will be present during construction, including those interconnected by air conditioning systems, adjacent buildings, and public areas. 1. Install isolation barriers so that odors and dust from the work areas are not perceivable

in any surrounding occupied area, then remove the barriers before the final acceptance of the project; or

2. Provide local fresh and exhaust air that will be adequate to ensure odors and dust from

the work areas are not perceivable in any surrounding occupied area. Meet the following minimum criteria: a. At least 4 air changes per hour continued from the start of any emission producing

work until four hours after the conclusion of any emission producing work; and

b. Exhaust the ventilating air to the outside of the building, at least 25 feet downwind of any opening to the building, surrounding buildings, or similar occupied areas, and at least 100 feet downwind of any building air supply intakes.

C. Upon notification by the Contracting Officer of an odor or dust complaint, immediately stop

all odors and dust producing tasks, and then execute the requirements of subparagraph 3.01. B. 2. within 4 hours after Contracting Officer's notification. 1. Compliance with subparagraph 3.01 B. 1. is not considered sufficient isolation in this

instance.

2. If the items in subparagraph 3.01 B. 2. were previously implemented without satisfactory results, increase the air changes to 8 per hour.

3. The requirements in paragraph 3.01 D. may be performed in lieu of the requirements

stated in paragraph 3.01 C. with prior permission from the Contracting Officer or shall be performed if requested by the Contracting Officer.

D. When the conditions described in subparagraphs 3.01 B. 1., 3.01 B. 2., or paragraph 3.01

C., are unable to maintain an air quality acceptable to 80 percent of the surrounding occupants, perform the following at no extra cost to the State: 1. Immediately discontinue the use of the offending product(s) upon notification by the

Contracting Officer;

2. Perform the odor or dust generating task(s) during a non-occupied time such as evenings, weekends and holidays;


3. Thoroughly clean any odor or dust affected area and equipment prior to occupancy;

and

4. Complete the odor or dust generating task(s) at least 16 hours prior to occupancy.

3.02 VENTILATION AFTER CONSTRUCTION A. In all work areas of air conditioned new buildings perform a ventilation activity after

construction has been completed but prior to occupancy according to the following: 1. Notify the Contracting Officer prior to starting the work involved with these steps or

immediately if any step cannot be successfully completed;

2. Perform the normal start up procedures for all ventilation equipment;

3. Inspect areas adjacent to air intakes for the existence of air containing odors and eliminate the cause of any odors before proceeding;

4. Ensure that the air conditioning or ventilation outside make-up air dampers are

operable, then set them to remain in the wide open position to provide for the maximum possible flow of outside air into the building;

5. Set the mechanical cooling equipment such as chilled water and air conditioning

compressors as appropriate to off so that the temperature will stay as high as possible;

6. Open windows and doors (interior) for maximum ventilation of the work area. Use care to maintain security and to prevent infiltration of dirt, debris, dust, or impact on surrounding occupied areas. Maintain protection from the elements of weather, and site cleanliness;

7. Turn on all of the available lights and heat producing equipment;

8. Run all of the air handling units and ventilation fans continuously for 72 hours; and

9. Continue the ventilation procedure beyond the 72 hours if the Contracting Officer

determines it necessary. Provide additional exhaust fans if directed by the Contracting Officer. Ventilation beyond 72 hours is considered additional work provided the Contractor followed the steps required in this paragraph 3.02 A

10. When the Contracting Officer determines that the ventilation is sufficient, replace all

air conditioning and ventilation air filters. Readjust the building's equipment to the design settings and perform the start up steps required after such adjustments are made.

B. In all work areas of a non-air conditioned new building, ventilate the building after

completing construction and prior to occupancy. Perform ventilation as follows: 1. Notify the Contracting Officer prior to starting the ventilation work or immediately if any

step cannot be successfully completed;

2. Inspect areas adjacent to portable fans for the existence of or potential air containing odors. Eliminate the cause of any odor or potential odor;


3. Open windows and doors (interior and exterior) for maximum ventilation of the work area. Use care to maintain security and to prevent infiltration of dirt, debris, dust, or impact on surrounding occupied areas. Maintain protection from the elements of weather, and site cleanliness;

4. Turn on all of the available lights and heat producing equipment;

5. Ventilate the work area using portable supply and exhaust fans capable of providing

one complete work area air change per hour for 72 hours; and

9. Continue the ventilation procedure beyond the 72 hours if the Contracting Officer determines it necessary. Provide additional exhaust fans if directed by the Contracting Officer. Ventilation beyond 72 hours is considered additional work provided the Contractor followed the steps required in this paragraph 3.02 B.

7. When the Contracting Officer determines that the ventilation is sufficient, remove the

portable equipment.

C. In all work areas in an existing building, ventilate the building after completing construction and prior to occupancy. Perform ventilation as follows: 1. Use the steps in paragraph 3.02 A when the work area is air conditioned by air handling

equipment that can be completely isolated from all air conditioning and ventilation systems supplying occupied areas;

2. Otherwise, use the steps in paragraph 3.02 B.

END OF SECTION

Project Identifier: OPM 22-1-0500 Execution Requirements 01700 - 1

SECTION 01700 - EXECUTION REQUIREMENTS

PART 1 - GENERAL

1.01 SUMMARY A. This Section includes general procedural requirements governing execution of the Work

including the following: 1. Construction layout. Field engineering and surveying.

2. General installation of products.

3. Progress cleaning.

4. Starting and adjusting.

5. Protection of installed construction.

6. Correction of the Work.

B. Related Sections

1. SECTION 01770 - CLOSEOUT PROCEDURES.

1.02 SUBMITTALS A. Landfill Receipts: Submit copy of receipts issued by a landfill facility, licensed to accept

hazardous materials, for hazardous waste disposal.

1.03 NOTIFICATION A. Contact the Contracting Officer and the Project Contact Person at least 3 working days

prior to starting any onsite work.

1.04 PROJECT AND SITE CONDITIONS A. Project Contract Limits (Contract Zone Limits) indicate only in general the limits of the

work involved. Perform necessary and incidental work, which may fall outside of these demarcation lines. Confine construction activities within the Project Contract Limits and do not spread equipment and materials indiscriminately about the area

B. Disruption of Utility Services: Prearrange work related to the temporary disconnection of

electrical and other utility systems with the Project Contact Person listed in SECTION 00800 - SPECIAL CONDITIONS and the Contracting Officer. Unless a longer notification period is required elsewhere in the Contract Documents, notify the Contracting Officer at least 15 days in advance of any interruption of existing utility service. Time and duration of interruptions are subject to the Contracting Officer’s approval. Keep the utility interruptions and duration to a minimum so as not to cause inconvenience or hardship to the facility. If temporary electrical or other utility systems hook up is required, provide the necessary services. Pay for temporary services as part of the contract, unless specifically noted otherwise.

C. Disruption of Air Conditioning Services: Coordinate and arrange work related to the

temporary disconnection of the air conditioning system with the Contracting Officer. Keep disruptions to a minimum. If temporary power is required, provide services and pay the cost as part of the contract. Schedule any major outage to the air conditioning


system that affects the entire building and lasts 2 hours or more, on weekends or during non regular working hours of the building occupants. Pay for overtime cost as part of the contract.

D. Contractor’s Operations - Provide means and methods to execute the Work and minimize

interruption or interference to the facility’s operations. Rearrange the construction schedule when construction activities result in interruptions that hamper the operations of the facilities.

E. Maintain safe passageway to and from the facility’s occupied buildings, rooms and other

occupied spaces for the using agency personnel and the public at all times.

F. Contractors, Subcontractors and equipment service companies doing business within the Hawaii Capitol District will be assessed appropriate parking fees whenever parking for more than 5 working days. 1. Parking stalls will be assigned only to the company vehicles. Check with the

Automotive Management Division (Amy Anderson, telephone 984 8212) regarding number and cost of stalls required for the duration of this contract. Each stall will be assessed at the current rate per month as established by the Department’s Rules Governing Parking on State Lands. If the Work involved is less than five working days, check with the Automotive Management Division to coordinate parking requirements.

2. Subject to availability, the Contracting Officer will designate areas to be used by the

Contractor other than assigned stalls. Restore any lawn area damaged by construction activities.

1.5 QUALITY ASSURANCE A. Professional Engineer Qualifications: A professional engineer with a license to

practice in Hawaii.


PART 3 – EXECUTION

3.01 EXAMINING THE SITE A. Contractor and Subcontractors are expected to visit the site and make due allowances for

difficulties and contingencies to be encountered. Compare contract documents with work in place. Become familiar with existing conditions, the conditions to be encountered in performing the Work, and the requirements of the drawings and specifications.

B. Verify construction lines, grades, dimensions and elevations indicated on the drawings

before any clearing, excavation or construction begins. Bring any discrepancy to the attention of the Officer in charge, and make any change in accordance with the Officer in charge instruction.

C. Obtain all field measurements required for the accurate fabrication and installation of the

Work included in this Contract. Verify governing dimensions and examine adjoining work on which the Contractor or Subcontractor’s work is in any way dependent. Submit differences discovered during the verification work to the Officer in Charge for


interpretations before proceeding with the associated work. Exact measurements are the Contractor’s responsibility.

D. Furnish or obtain templates, patterns, and setting instructions as required for the

installation of all Work. Verify dimensions in the field.

E. Contractor shall accept the site and the existing building in the condition that exists at the time access is granted to begin the Work. Verify existing conditions and dimensions shown and other dimensions not indicated but necessary to accomplish the Work.

F. Locate all general reference points and take action to prevent their destruction. Lay out

work and be responsible for lines, elevations and measurements and the work executed. Exercise precautions to verify figures and conditions shown on drawings before layout of work.

3.02 SITE UTILITIES AND TONING A. Cooperate, coordinate and schedule work to maintain construction progress, and

accommodate the operations and work of the owners of underground or overhead utility lines or other property in removing or altering the lines or providing new services.

B. Contact all the various utility companies before the start of the work to ascertain any

existing utilities and to develop a full understanding of the utility requirements with respect to this Project. Furnish the Contracting Officer with evidence that the utility companies were contacted.

C. Should the Contractor discover the existence and location of utilities in the contract

drawings are not correct, do not disturb the utilities and immediately notify the Contracting Officer.

D. Do not disturb or modify any utilities encountered, whether shown or not on the Contract

Drawings, unless otherwise instructed in the drawings and specifications or as directed by the Contracting Officer. Repair and restore to pre damaged condition any utilities or any other property damaged by construction activities.

E. Transfer to “Field Posted As Built” drawings the location(s) and depth(s) of new and

existing utilities that differ from the Contract Drawings. Locate by azimuth and distance and depth(s) from fixed referenced points.

F. Toning: Prior to the start of grading, or excavation or trenching work verify and confirm

the presence, location and depth of existing underground utility lines in the area affected by the project, by “toning” or by other appropriate means acceptable to the Contracting Officer. The intent of this advanced toning is to afford the Contracting Officer an opportunity to identify utility lines that may or may not be shown on the drawings and issue a directive to address the existing conditions. 1. Perform toning using instruments specifically developed and designed for the

detection of underground pipes and cable utilities.

2. Notify the Contracting Officer 48 hours in advance before toning operations. Provide information on the proposed toning method and other pertinent information.


G. Recording Toning Information: Upon completion of the toning operation, submit drawings that show the location and approximate depth of the existing and newly discovered utility lines. Identify the type of utility lines. Also, identify where utility lines indicated on the drawings are not shown in their approximate location or where new utility lines are found or pointed out in the field.

H. After ascertaining the exact location and depth of utilities within the project area, mark and

protect the locations. 1. Acquaint personnel working near utilities with the type, size, location, depth of the

utilities, and the consequences that might result from disturbances.

2. Do not start trenching or start similar operations until reasonable and appropriate precautions to protect the utilities are taken.

I. For newly identified utility lines, if directed by the Contracting Officer, manually excavate

within 2-feet of the utility line to avoid damage. Under this directive, manual excavation is considered additional work.

J. Existing Irrigation Systems: Where work is located in areas with existing irrigation

systems, Contractor shall test the existing systems and document all deficiencies prior to any work that may damage the existing systems.

3.03 FIELD MEASUREMENTS A. Take field measurements to fit and install the Work properly. Where portions of the Work

are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress.

B. Space Requirements: Verify space requirements and dimensions of items shown

diagrammatically on Drawings.

C. Review of Contract Documents and Field Conditions: Submit a Request For Information (RFI) immediately upon discovery of the need for clarification of the Contract Documents. Include a detailed description of problem encountered, together with recommendations for changing the Contract Documents.

3.04 CONSTRUCTION LAYOUT A. Verification: Before proceeding to lay out the Work, verify layout information shown on

Drawings, in relation to existing conditions. If discrepancies are discovered, notify the Contracting Officer promptly.

3.05 FIELD ENGINEERING A. Reference Points: Locate existing permanent or temporary benchmarks, control points and

similar reference points before beginning the Work. Preserve and protect permanent benchmarks and control points during construction operations. 1. Do not change or relocate existing benchmarks or control points without the

Contracting Officer’s approval. Report lost or destroyed permanent benchmarks or control points promptly. Report the need to relocate permanent benchmarks or control points to the Contracting Officer before proceeding.


2. Replace lost or destroyed permanent benchmarks and control points promptly. Base all replacements on the original survey control points.

3.06 INSTALLATION A. Install materials, items, fixtures required by the various Divisions and Sections of the

Specifications in accordance with Contract Documents, by workers specially trained and skilled in performance of the particular type of work, to meet guarantee and regulatory agency requirements. Should the specifications be void of installation requirements, install the materials, items, and fixtures in accordance with the manufacturer’s current specifications, recommendations, instructions and directions.

3.07 CUTTING AND PATCHING A. Oversee cutting and patching of concrete, masonry, structural members and other

materials where indicated on drawings and as required by job conditions. Unless noted elsewhere in the contract documents, do not cut or patch existing or new structural members without previously notifying the Contracting Officer.

B. Provide patch materials and workmanship of equal quality to that indicated on the

drawings or specified for new work.

3.08 CLEANING A. General: Clean the Project site and work areas daily. Coordinate progress cleaning for

joint-use areas where more than one installer has worked. Enforce requirements strictly. Dispose of materials lawfully. 1. Comply with requirements in NFPA 241 for removal of combustible waste materials

and debris.

2. Do not hold waste more than 7 days unless approved otherwise by the Contracting Officer.

3. Containerize hazardous and unsanitary waste materials separately from other waste.

Mark containers appropriately and dispose of legally, according to regulations.

B. Site: Maintain Project site free of waste materials and debris.

C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work. 1. Remove liquid spills promptly.

2. Where dust would impair proper execution of the Work, broom-clean or vacuum the

entire work area, as appropriate.

D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use only cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces.

E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space.


F. Exposed Surfaces: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion.

G. Cutting and Patching: Clean areas and spaces where cutting and patching are performed.

Completely remove paint, mortar, oils, putty, and similar materials. Thoroughly clean piping, conduit, and similar features before applying paint or other finishing materials. Restore damaged pipe covering to its original condition

H. Waste Disposal: Burying or burning waste materials on-site will not be permitted. Washing

waste materials down sewers or into waterways will not be permitted.

I. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion.

J. Clean and provide maintenance on completed construction as frequently as necessary

through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects.

K. Limiting Exposures: Supervise construction operations to assure that no part of the

construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period.

3.09 STARTING AND ADJUSTING A. Start equipment and operating components to confirm proper operation. Remove

malfunctioning units, replace with new units, and retest.

B. Adjust operating components for proper operation without binding. Adjust equipment for proper operation.

C. Test each piece of equipment to verify proper operation. Test and adjust controls and

safeties. Replace damaged and malfunctioning controls and equipment.

3.10 PROTECTION OF INSTALLED CONSTRUCTION A. Provide final protection and maintain conditions that ensure installed Work is without

damage or deterioration at time of Substantial Completion.

B. Comply with manufacturer’s written instructions to provide proper temperature and relative humidity conditions.

3.11 CORRECTION OF THE WORK A. Repair or replace defective construction. Restore damaged substrates and finishes.

Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating equipment.

B. Restore permanent facilities used during construction to their specified condition.

C. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be

repaired without visible evidence of repair.


D. Repair defective components that do not operate properly. Remove and replace operating components that cannot be repaired.

E. Remove and replace chipped, scratched, and broken glass or reflective surfaces.

END OF SECTION

Project Identifier: OPM 22-1-0500 Existing Conditions - Hazardous Material Survey 01715 - 1

SECTION 01715 - HAZARDOUS MATERIAL SURVEY

PART 1 - GENERAL

1.01 SUMMARY A. This section includes the results of the State's survey for Asbestos and Lead materials

and is provided for the Contractor's information.

1.02 ASBESTOS A. The structure or structures to be renovated or modified under this contract were surveyed

for the presence of asbestos containing building materials (ACBM), using AHERA requirements. A copy of the initial survey report, as well as any subsequent supplemental survey report(s) if performed, are included in this Section. 1. The report(s) are included, even when no ACBM was found, for the Contractor's

information. Review the attached report(s) for the basis on which the negative ACBM finding was made. Contractor may perform further surveys at its own expense, if ACBM not shown in the report(s) is suspected in the areas of the building(s) in which work will be performed. If ACBM is found, notify the Contracting Officer immediately. The State will reimburse the Contractor for the testing cost if ACBM is found.

2. If there is ACBM outside of the areas in which work will be performed, this ACBM shall not be disturbed in any way.

B. If applicable, notify employees, Subcontractors and all other persons engaged on the

project of the presence of asbestos in the existing buildings in accordance with the requirements of Chapter 110, Article 12-110-2 (f) (1) (B) of the Occupational Safety and Health Standards, State of Hawaii.

C. In the event that work is required in any building or buildings on the site other than the

one(s) designated within this project scope, request copies of the asbestos survey report(s) for such building(s) from the Contracting Officer. Based on the information contained in the additional survey(s), notify affected personnel per paragraph 1.02 B.

1.03 LEAD CONTAINING PAINT A. Inform employees, Subcontractors and all other persons engaged in the project that lead

containing paints (LCP) is present in the existing building(s) and at the job site. Follow the requirements of Title 12 (Department of Labor and Industrial Relations), Subtitle 8 (Division of Occupational Safety and Health), Chapter 148 (Lead Exposure in Construction), Hawaii Administrative Rules.

B. Review the attached lead testing data which identify locations LCP was found. Lead testing was for design purposes only, and the results do not satisfy any of the requirements of Chapter 12-148.

PART 2 - PRODUCTS (NOT USED)

PART 3 - EXECUTION

3.01 SURVEY attached, 79 pages, dated July 31, 2013, prepared by EnvironMETeo Services, Inc.

END OF SECTION

EnvironMETeo Services, Inc.

Environmental/ Industrial Health & Safely

Asbestos and Lead Paint Survey Report

For:

Alanna Buick & Bers Inc.

707 Richards Street, Suite 635

Honolulu, Hawaii 96813-4613

Facilities Surveyed:

Kaahumanu Hale

(Limited Areas)

777 Punchbowl Street

Honolulu, Hawaii 96813

Project:

Kaahumanu Hale, Roof and Lanai Upgrades and Improvements

DAG$ Job No. 12·21·7491

Conducted by:

EnvlronMETeo Services, Inc. (EMET)

94-520 Ukee Street, Suite A

Walpahu, Hawaii 96797

Date of Report: July 31, 2013

EMET ID: 1304173

EnvironMETeo (EMET) Services, Inc. Waipio Gentry Business Park 94-520 Uke'e Street, Suite A Waipahu, Hawaii, USA 96797-4200 (808) 671-8383... Telephone (808) 671-7979 ... Facsimile

Asbestos and Lead Paint Survey Report 01718-1

Table of Contents

Certification of Report ......................................................................................... 2

Summary ............................................................................................................. 4

Asbestos-Containing Material ............................................................................ 4

Asbestos Bulk Sampling ..................................................................................... 5

Asbestos Analyses ............................................................................................. 6

Lead Paint ........................................................................................................... 7

Lead Paint Sampling and Analyses .................................................................... 8

Limitations ........................................................................................................... 8

Asbestos Survey Report ..................................................................... Appendix A

Asbestos Survey Sample Locations Sketch ....................................... Appendix B

Lead Survey Report ........................................................................... Appendix C

Certifications ...................................................................................... Appendix D

Kaahumanu Hale Roof and Lanai Upgrades and Improvements, DAGS 12·21-7491

Asbestos and Lead Survey EMET: 1304173

Envi,onMETeo (EME'fl Services, Inc. Wnipio Gentry Elu,irll'Ss l'nrk 94-52tl Uke'cSlrcel, Suite A Waipnhu, Hawaii, USA 96797-,J200 (SOS) 671-6383 ... Tclcphone (808) 671 ·7979, .. Facsimile·


Certification of Report

We certify that this report is based on a physical survey of EMET scope of limited

work areas at Kaahumanu Hale, located at 777 Punchbowl Street, in Honolulu,

Hawaii, for asbestos-containing materials and lead-painted surfaces/building

components.

The survey was conducted by EnvironMETeo Services, Inc. {EMET) on July 6,

2013 and was limited to the following scope of work:

Kaahumanu Hale

1. Inspection, evaluation, and sample collection of suspect

asbestos-containing materials by EPA-accredited and State of

Hawaii certified inspector{s) in accordance with H.A.R. 11-501

from the following:

• interior

2nd Floor: perimeter walls adjacent to Terraces

1, 2, 3, 4, and 5

3rd Floor: perimeter door/window at 4 judge

lanais and 8 public lanais 4th Floor: perimeter door/window at 4 judge

lanais and 8 public lanais

• exterior

2nd Floor: Terraces 1, 2, 3, 4, and 5

2nd Floor Mauka Wing roof

3rd Floor: 4 judge lanais and 8 public lanais

4th Floor: 4 judge lanais and 8 public lanais

Kaahumanu Hale 2 Asbestos and Lead Survey EMET: 1304173 Roof and Lanai Upgrades and Improvements, DAGS 12-21-7491

EnvironMETeo (EMET) Services, Inc. Wnipio Gentry Busin,•s, l'mk 9�-�20 Ukc'e Stre,•t, Suite A Wnipnht1. Hawaii, US,\ 96797-420D (808) 671-S3S3 ... Telephonc (SOB) 67'1•7979 ... Facsimile


2. Lead paint inspection by EPA-accredited inspector(s) of painted

surfaces at the loca1ions described in item i.

The survey results are based on analyses of samples of suspect materials

collected from visually- and physically-accessible areas/materials.

Bulk samples of suspect asbestos-containing materials taken during the survey

were analyzed for asbestos content by a National Institute of Standards and

Technology (NIST)-aocredited laboratory under the National Voluntary Laboratory

Accreditation Program (NVLAP) for asbestos fiber analysis. Laboratory analyses

performed by Polarized Light Microscopy (PLM) for asbestos identification are in

accordance with U.S. Environmental Protection Agency (EPA) Test Method

600/R-93/116.

Painted surfaces were tested for lead concentrations using an X-Ray

Fluorescence (XRF) spectrum analyzer, a testing methodology approved by the

EPA and the U.S. Department of Housing and Urban Development (HUD).

EMET makes no warranty and assumes no liability tor the inappropriate use or

misuse of this document.

-(br-

�shiro

Asbestos Building Inspector

Hawaii State Certification# HIASB-2307

Kaahumanu Hals 3

Roof and Lanai Upgrades and Improvements, DAGS 12-21-7491 Asbestos and Lead Survey

EMET; 1304173

EnvirontvlETeo IF.MET) Services, Inc. Waipio Centrv Business f'ilrk 9,J-520 Ukc"c Street, Suite A Waipalrn, Hawaii, USA 96797-4200 (SOo) 671-S3SJ ... Tdcr,honc (SOS) 671-7979 ... F,1csimil,·


Summary

EnvironMETeo Services, Inc. (EMET) conducted a survey for asbestos

containing materials (ACM} and lead-painted surfaces/building components at

Kaahumanu Hale within EMET scope of work areas. On July 6, 2013, Jacqueline

Furukawa, Joseph Iopa, and Stephen Kaneshiro of EMET conducted this survey

in accordance with Hawaii Administrative Rules (HAR) 1i-501 and EMET's

scope of work.

The survey was requested and authorized by Mr. David Kaahaaina of Allana

Buick & Bers, Inc. and performed in preparation for planned renovations due to

water intrusion on the roofs, lanais, and windows.

The following materials were identified as ACM during this survey:

ACM

Material Description Quantity

dark gray ±32 sf patch/sealant

transite window panels :1: 720 sf

Material Location

around all roof penetrations on .the 2nu

floor Mauka Wing roof

located below the perimeter windows of the 2nd floor Mauka Wing.

ASSUMED ACM - No samples collected to prevent significant damage to the

panels.

Lead-containing paint was found. No lead-based paint was found.

Asbestos-Containing Material

Condition; Friable/Non

Friable

no damage, not friable

no damage, not friable

The State of Hawaii and the EPA define ACM as any material containing more

than one percent (>1%) asbestos by area. This definition can be found in the

follow'ing regulations:

Kaahumanu Hale 4 Roof and Lanai Upgrades and Improvements, DAGS 12-21-7491


EnvironMETeo (EMET) Services, Jnc. WaipioGentry Ilu,iness ['ark 94-520 Uke'cStre,•t, SuitcA Waipnhu. Hn\\'aii, USA 96797-4200 (808) 671-8383 ... Tdephonc (808) 67l-7979 ... F,1csimile


• HAR, Title ii, Department of Health, Chapter 501 (11-501 ),

Asbestos Requirements

• HAR, Title i 2, Department of Labor and Industrial Relations,

Subtitle 8, Hawaii Occupational Safety and Health Division

(HIOSH), Part 3, Construction Standards, Chapter i 45. i (12-

145. 1), Asbestos

• EPA 40 CFR Part 61, Subpart M - National Emission Standards for

Hazardous Air Pollutants (NESHAP), revised July 1, 1990,

Asbestos NESHAP Revision Final Rule

Asbestos Bulk Sampling

Eighty-four (84) samples of suspect ACM were collected and analyzed. The

samples were placed in plastic containers with a unique identification number

assigned to each sample and entered on a field data sheet The sample locations

were indicated on field drawings and shown in Appendix B.

Samples were collected of the following observed suspect asbestos-containing

material:

Kaahumanu Hale, 2nd Floor Suspect Materials

gray caulking at window frame black caulking at window frame

dark gray expansion joint gray sealant at cracks

white roof coating beige roof coaling

terrace subfloor system 2' x 4' white pinhole acoustical ceiling tile

plaster wall and ceiling transite window panel*

Kaahumanu Hale 5 Asbestos and Lead Survey EMET: 1304173 Roof and Lanai Upgrades and Improvements. OAGS 12·21-7491

EnvironMETeo (EMETJ Services, lnc. W�ipiu Gentry Business l'mk 94-:,20 Uke'eStre,•I, Suite A Wciipahu, Hawaii, USA 96797-4200 (808) 671-6383 ... Telephone (808) 671-7979 ... F,icsimile


* No samples were collected of the transite window panels. Destructive sampling

of the transite panel might have led to significant damage to the panel and

possibly the glass windows.

Kaahumanu Hale, 2nd Floor Mauka Wing Roof Suspect Materials

white built-up roofing system dark gray patch/sealant

black patch/sealant gray caulking

beige expansion joint

Kaahumanu Hale, 3rd Floor Suspect Materials

tan textured coating beige expansion joint

gray caulking at window frame plaster wall and ceiling

2' x 4' white pinhole acoustical ceiling tile

Kaahumanu Hale, 4th Floor Suspect Materials

tan textured coating beige expansion joint

gray caulking at window frame plaster wall and ceiling


Asbestos Analyses

The samples were analyzed for asbestos using Polarized Light Microscopy

(PLM) for the identification of asbestos, in accordance with EPA Test Method

600/R-93/1 16. Laboratory analytical data sheets are provided in Appendix A.

The following building materials were found to be ACM:

Kaahumanu Hale 6 Roof and Lanai Upgrades and Improvements. DAGS 12-21-7491


EnvironMETco CHM ET) Services, Inc. Wnipio Gclltry llusim•ss l'ark 94-520 Ukc'c Stt·e,'1, Suilc A Waipt1h11, HalVaii, USA 96797--4200 (608) 671-6383 ... Telephone (808) 671-7979 ... Facsimik,


Kaahumanu Hale, 2nd Floor ACM

Material Dascrlptlon Quantity Material Location Condition; Friable/Non

Friable transite window panel ±32sf below perimeter windows of the 2n" floor no damage;

Mauka Wing non-friable ASSUMED ACM

Kaahumanu Hale, 2nd Floor Mauka Wing Roof ACM

Material Description Quantity Material Location Condition; Friable/Non

Friable

dark gray ±32 sf around all penetrations except where no damage; patch/sealant black exists non-friable

Lead Paint

HUD regulations, 24 CFR Parts 35, 200, 881, and 886, guidelines for the

evaluation and control of lead-based paint (LBP} hazards in housing, revised

April 1, 1999, define LBP as paint with a lead content of 1.0 mg/cm2 or greater by

XRF analyzer, or 0.5% wt. or 5000 ppm by Atomic Absorption (AA) analysis. The

EPA regulations 40 CFR Part 7 45, revised July 1, 1999, similarly defined LBP as

stated in HUD regulations.

However, the Occupational Safety and Health Administration (OSHA} and HIOSH

regulate any activity disturbing paint that contains lead (referred to as lead

containing paint or LCP), even if the lead content is below the EPA/HUD

standard for lead-based paint.

XRF test results of painted surfaces equal to or greater than 1.0 mg/cm2 are

defined as LBP in accordance with EPA and HUD regulations.

Kaahumanu Hale 7 Roof and Lanai Upgrades and Improvements, DAGS 12·21-7491


EnvironMETeo (EMET) Services, Inc. Waipiu Ge11try Business l'ark 94-520 Uke'e Strcel. Suite A Waip.ahu, Hawaii, USA 96797-,200

(SD8) 671-8383 ... Tclcphone {SOB) 671-7979 ... Facsimile


Lead Paint Sampling and Analyses

Painted surfaces were analyzed for lead using an XRF analyzer. A total of 24

analyses of painted surfaces/bulldlng components and calibrations were

performed. A unique identification number was assigned to each test location and

entered on a field data sheet and a field drawing. The ID number, location,

description, and lead concentration of each sample are indicated in the XRF

Analyzer Test Results, which are provided in Appendix C.

The test results indicate that none of the sampled painted surfaces / building

components contained a lead content equal to or greater than 1.0 mg/cm2•

However, the sampled painted surfaces/components showed a lead content of

less than i .0 mg/cm2 and are considered to be lead-containing paint (LCP).

Painted surfaces may vary in paint type, color and condition, and any damaged

painted surfaces may vary significantly from area to area in terms of the condition

and degree of damage. The results provide the lead content of all paint layers in

a tested surface, as there may be more than one layer of paint on the tested

surface.

Limitations

This hazardous materials survey was performed to identify suspect materials in

areas scheduled for planned renovations. Original building plans and

specifications and those for past renovations, If any, were not available for

review. Therefore, because of these limitations, the highly variable nature of

building construction, and the limits to the survey as defined by EMET's scope of

work, the potential remains for undiscovered hazardous materials. Hidden

materials encountered during renovation or demolition not characterized in this

Kaahumanu Hale 8 Roof and Lanai Upgrades and Improvements, DAGS 12·21-7491


EnvironMETco {EMET) Services, Inc. Waipiu Gentry Business Park 94-520 Ukc'e Strcl'I, Suite A W�ipahu, Hawaii, USA 96797-•1200 (808) 671-S.3S3 ... Tclephonc (808) 671-7979 .. .l'acsimilc·

Asbestos and Lead Paint Survey Report 01718 - 9

Lead Paint Sampling and Analyses

Painted surfaces were analyzed for lead using an XRF analyzer. A total of 28

analyses of painted surfaces/building components and calibrations were

performed. A unique identification number was assigned to each test location and

entered on a field data sheet and a field drawing. The ID number, location,

description, and lead concentration of each sample are indicated in the XRF

Analyzer Test Results, which are provided in Appendix C.

The test results indicate that none of the sampled painted surfaces I building

components contained a lead content equal to or greater than 1.0 mg/cm2•

However, the sampled painted surfaces/components showed a lead content of

less than 1.0 mg/cm2 and are considered to be lead-containing paint (LCP).

Painted surfaces may vary in paint type, color and condition, and any damaged

painted surfaces may vary significantly from area to area in terms of the condition

and degree of damage. The results provide the lead content of a/I paint layers in

a tested surface, as there may be more than one layer of paint on the tested

surface.

Limitations

This hazardous materials survey was performed to identify suspect materials in

areas scheduled for planned renovations. Original building plans and

specifications and those for past renovations, if any, were not available for

review. Therefore, because of these limitations, the highly variable nature of

building construction, and the limits to the survey as defined by EMET's scope of

work, the potential remains tor undiscovered hazardous materials. Hidden

materials encountered during renovation or demolitlon not characterized in this

Kaahumanu Hale 8 Roof and Lanai Upgrades and Improvements. DAGS 12-21-7491


EnvirnnMETeo (EMETJ Services, Inc. Waipio Gentry Business Park 94-52ll Uke'e Strc,•t, Suite A Waipahu, Hawaii, USA 96797-U00 (808) 671 -8383 ... Tdcph,me (808) 671-7979 ... Fac,imile


Appendix A

Asbestos Survey Report

Kaahumanu Hale Roof and Lanai Upgrades and Improvements, DAGS 12-21-7491

Asbestos and Lead Survey EMET; 1304173

EnvironMETco (EMET) Services, Inc. Waipio Gc11try !lusinc,s Park 94-520 Uke'c Stred, Suite A Waipahu, Hawaii, USA 96797-•l2CO (808) 671-8383... Telephone (808) 67l-7979 ... F,1e�imilc


Building/Area/Space Surveyed Information Sheet

EMET ID ID Name

'----13_0_4_1_73 __ 1 LI _ ___:_K.::...H:__ _ _._! -'--'K-"--aa"-h'-'-u'-'-m"-a _nu_Ha_l_e ____________ _____, Location Inspection Date

07/06/2013 777 Punchbowl StreetHonolulu, HI 96813

Client Name

[ Allana Buick & Bers, Inc.

Building/Space Uses % Floor Space

I Courthouse 0

Inspector #1 Identification

Name: Stephen Kaneshiro State of HI Certlficat!on No.: HIASB-2307 State of HI Certification Expiration Date: 917/2013 Building Inspector Certification Exp. Date: 4/26/2014

lnsoector#21dentification

Name: Joseph Iopa !II State of HI Certification No.: HIASB-0585 State of HI Certlfication Expiration Date: 4/25/2014 Building Inspector Certification Exp. Date: 3/1/2014

rnspector#3ldentiflcation

Name: Jacqueline Furukawa State of HI Certification No.: HIASB-3641 State of HI Certification Expiration Date: 212812014

Building Inspector Certification Exp. Dale: 2/21/2014

No. of Floors/Levels in Area Surveyed

s 1

ACM PRESENT?

YES

YES = PRESENT NO = NOT PRESENT

No. of Roof Levels {if applicable)

I I Specific Areas of Building Surveyed

2nd floor terraces and mauka wing roof; 3rdfloor public and private lanais; and 4th floor public and private lanais

Inspector Commen1s EMET's scope of work was limited to the areas listed above in Specific Areas Surveyed. This report is not a specification for the removal of asbestos-containing material and should not be used as such. Results of the presence or absence of asbestos are based on the survey and on analyses of the suspect materials encountered, Orlginal building plans and specifications were not avallable for review. Therefore, because of these limitations and the highly variable nature of building construction, the potential remains for undiscovered ACM. EMET makes no warranty and assumes no liability for the inapj:Jropriate use or misuse of this document.

EMET Services, Inc. • 94-520 Uke�e Street, Suite A • Waipahu, Hawaii 96797 Phone: (808) 671-8383 • FAX: (808) 671-7979

1304173-KH Page 1

Asbestos and Lead Paint Survey Report01718-12

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EMETID 1304173

Sample Area Report -- Area Master

Building Number and Name Inspection Date I .... __ K __ H __ �j ______ l< .... a ..... a __ hu __ m_a __ n __ u ___ H _a"""le _______ ........,! I 07/06/2013

�-----�

Sample Area/Lot Number and Name Document Number I 173-KH-2A I gray caulking at window frame Unified Sample

Area Number Drawing/Sketch Number and Name

173-KH-2A

A Sample Area should contain mat erial of one, and only one, composiflon or matrix. An exception can be made in the case of layered appllca!ions of materials, such as occurs wilh a Three Coat Plaster system, that generally matches the same physical locations. Special care must be taken while collecting samples of layered materials, lo enable !he analysis to discern Ina several matrices presenl Such conditions should be described in detail on !he Sample Noles form for the analyst. Location of Confinned, Assumed, or Unified Sam le Area/Homo eneous Material New ACM within Bulldin

gray caulking at window frame

SAMPLING STRATEGY DATA CeilingHelght#1 �I ___ �I #2

:=I===� Square Feet of Ceiling Materials I

l=====l Square Feet of Wall Materials I

l=====l

Not Applicable

RISK ASSESSMENT DETERMINATION Material Type

Visible

Damage Condition Potential Damage

Reachable Water Damage

Square Feel of Floor Surface I :=, ======l ,,, __ B_a_rri_ers_� Ventilation lfYes Friable

Linear Feet ofTSl I 11._ ____ __, I - . I 11 Square Feet of Structural Steel I:=

===� Proximity to Repair �-�--� Coatings (Including over-spray) Air Movement ltsms Activity Square Feet of Other ACM

I Linear Feet of Other ACM !=====� ::====================:Total square and/or linear feet of ACM: I PHOTOGRAPH

SAMPLE ANALYSIS SUMMARY SECTION

Total number of samples collected Total number of samples analyzed

IS ASBESTOS-CONTAINING MATERIAL PRESENT?

Samples Colleci.ed by

Sample 173-KH-2a1, 173-KH-2a2, 173-KH-2a3 Numbom

Samples Analyzed by

Number of Sallent Deslgnatlons

31

NO

EMET I

EMET

EMET Services, Inc. • 94-520 Uke'e Street, Suite A • Waipahu, Hawaii 96797 Phone: (808) 671-8383 • FAX: (808) 671"7979

1304173-KH Page 4


Sample Log and Notes

Building Number and Name EMETID

I,__ __ K_H __ l'-------___ K_a _ah_um_an_u_Ha_le ______,11 Sample Area/Lot Number and Name

1304173

._I __ 1_7_3_-K_H_-_2_A __ _,_, ____ g_ra_y_c_a_u_lk_in_g_at_w_i_n_do_w_fr_a_m_e ___ _,j .__ ________.

Sample % Description of Sample Location

Number Asbestos Sampled Material

173-KH-2a1 0 gray caulking at window frame See Sketch 173-KH-2



Inspector's Name Signature

Date Samples Collected

�1__��Stephen Kaneshiro 07/06/2013

EMET Services, Inc. 94-520 Uke'e Street, Suite A Waipahu, HI 96797 Phone (808) 671-8383 Fax (808) 671-7979

1304173-KH Page 5

Asbestos and Lead Paint Survey Report01718 -16

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EMET ID Building Number and Name ....__1 _30_4_17_3_�1 I KH I Kaahumanu Hale

Sample Area/Lot Number and Name DocumentNumber 173-KH-28 black caulking at window frame

Drawing/Sketch Number and Name

Inspection Date 1 1 01,0612013

Unified Sample Area Number

173-KH-2B

A Sample Area should conlaln material of one, and only one, composition or matrix. An exception can be made in the case of layered applications al materials, such as occurs with a Three Coal Plaster syslem, that generally matches the same physics! locations. Special care must be taken whHe collecling samples of layered malerials, to enable the analysis lo discern Iha several malrices present. Such condilions should be described in detail on the Sample Notes form for the analyst. Location of Confinned, Assumed, or Unified Sam le Area/Homo eneous Material New ACM within Buildin

black caulking at window frame Not Applicable

SAMPLING STRATEGY DATA RISK ASSESSMENT DETERMINATION

Material Type Ceiling Height #1 ._I ___ __,! #2 I�---� u,-"--"""-'--'-''---� Square Feet of Celling Materials j

l======l Square Feet of Wall Materials I Square Feet of Floor Surface Fl ======l

Visible

Barriers Linear Feet ofTSI I 11�----�

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lmms

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I l

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Total number of samples collected j 3 I Total number of samples analyzed

IS ASBESTOS.CONTAINING MATERIAL PRESENT?

Samploo Collected by

Nsam

b pie 173-KH-2b1, 173-KH-2b2, 173-KH-2b3

um ers

Samples Analyzed by

Number of Salient O&slgnatlons

3

NO

EMET

EMET

Potential Damage

Water Damage

Friable

I

Activity

EMET Services, Inc. • 94--520 Uke'e Street,. Suite A • Waipahu, Hawaii 96797 Phone: (808) 671-8383 • FAX: (808) 671-7979

1304173-KH Page 7




. . 1304173 I KH I Kaahumanu Hale '

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173-KH-28 black caulking at window frame

Sample % Descrip tion of Sample Location Number Asbestos Sampled Material

173-KH-2b1 0 black caulking at window frame See Sketch 173-KH-2




Date Samples Collec ted

�L� Stephen Kaneshiro 07/06/2013

EMET Services, I nc. 94--520 Uke'e Street, Sui te A Walpahu, HI 96797 Phone (808) 671-8383 Fax (808) 671-7979

1304173-KH Page 8

Asbestos and Lead Paint Survey Report 01718 -19

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Sample Area Report --Area Master

EMETID Building Number and Name Inspection Date 1304173 .___ _____ .., ,_I _�K .... H __ j� ______ K ___ a_a�hu_m_a_n_ u_H_al_e ____ �I I07/06/2013

Document Number

Sample Area/lot Number and Name

I 173-KH-2C I dark gray expansion joint



173-KH-2C

A Sampfe Area should contain malet1al of one, and only one, composilion or matrix. An exception can be made in the case of layered applicalions of malertals, such as occurs with a Three Coat Plaster system, that generally matches the same physical locations. Special care must be taken while colleclino samples of layered materials, to enable the analysis lo discern the several matrtces present Such conditions should be described in detail on the Sample Noles fonn for the analyst. Location of Confinned, Assumed, or Unified Sam le Area/Homo eneous Material New ACM within Building

dark gray expansion joint Not Applicable


Material Type Damage Condition Potential Damage Ceiling Height#1

._

I

___ __.I #2 I

Square Feet of Ceiling MaterialsSquare Feet of Wall Materlals

Reachable Waler Damage

:,:I

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, Square Feet of Floor Surface I'------� . Barriers Ventilation lfYes Friable

linear Feet of TSI j ;::=========-=--= I . -II �I -�I--� Square Feet of Structural Steel!:==

==

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Items Ac!ivity Square Feet of other ACM

linear Feet of Other ACM

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F======l I'------� '------� ,__ ____ __j


Total number of samples collected I 3 / Total number of samples analyzed


Samplos Collected by I EMET J

Sambple 173-KH-2c1, 173•KH-2c2, 173-KH-2c3

Num ers

Sampl&S Analyzed by

Number of Salient Designations

EMET

PHOTOGRAPH

EMET Services, Inc. • 94-520 Uke'e Street. Suite A • Waipahu, Hawaii 96797 Phone: (808} 671-8383 • FAX: {808) 671�7979

1304173-KH Page 10




1304173 ,,___ ___ K_H ___ __._I _______ K_aa_h_u_m_a_n_u_H_a_l_e ________,11 Sample Area/Lot Number and Name

.... I __ 1_7_3_-K_H_-_2_c __ ..._l _____ ct_a_rk_g_r_a _y_e_xp_a_n_s_io_n _j_o_in_t ____ ___,I ,__ ____

__ _.



173-KH-2c1 0 dark gray expansion joint See Sketch 173-KH-2





Stephen Kaneshiro 1--� lJ

07/06/2013

EMET Services, Inc. 94-520 Uke'e Street, Suite A Waipahu, HI 96797 Phone (808} 671-8383 Fax (808) 671•7979

1304173-KH Page 11


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Building Number and Name Inspection Date �I __ K_H __ �I ______ K_a_ah_ u _m_a_n_u _H_a_le _____ �I I 07/06/2013 Sample Area/Lot Number and Name

I 173-KH-2D I gray sealant at cracks



173-KH-20

A Sample Area should contain male�al of one, and only one, composlllon or matrix. An exception can be made in the case of layered applications of materials, such as occurs with a Three Coal Plaster syslem, !hat generally malches Iha same physical locations. Special care must be taken while collecling samples of layered materials, lo enable the analysis lo discern the several matrices present Such condillons should be described in detail on the Sample Notes form for the analyst Location of Confinned. Assumed, or Unified Samele Area/Homoaeneous Material

gray sealant at cracks

SAMPLING STRATEGY DATA

Ceiling Height #1 I I #2 I I Square Feet of Ceiling Materials I I

Square Feet of Wall Materials l I Square Feet of Floor Surface

I ILinear Feet of TSI Square Feet of Structural Steel

I I Coatings (including over-spray)

l ISquare Feet of Other ACM Linear Feet of Other ACM

Total square and/or linear feet of ACM: I I


Total number of samples collected I 31 Total number of samples analyzed I 31

IS ASBESTOS-CONTAINING l NO IMATERIAL PRESENT?

Samples Collected by I EMET I

N Sa�ple I 173-KH-2d1, 173-KH-2d2, 173-KH-2d3 um ors I

Samples Analyzed by I EMET I Number of Salient Das lg nations I I

N ACM with" B "Id" ew m UI mg

Not Applicable

RJSK ASSESSMENT DETERMINATION

Material Type -.

Visible - -

Barriers - -

Air Movement --

11

11

Damage Condition - -

Reachable . -

Venlilallon If Yes I I - - I --

Proximity to Repair Items

11

11

I I

I ,-----=-:---] I

PHOTOGRAPH

No Photo

Potential Damage - .

Waler Damage - -

Friable -- I - -

Activity --

EMET Services, Inc. " 94-520 Uke'e Street, Suite A • Waipahu, Hawaii 96797 Phone: (808) 671-8383 • FAX: (808) 671-7979

1304173-KH Page 13


I

I

!

I


Building Numb e r a nd Name EMETID

1304173 I

KH I

Kaahumanu Hale I J ._S

_a

_m_p-le -A-re

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_ __

_

__

_ _,

Sample % Description of Sample L ocation Number Asbestos Sampled Material

173-KH-2d1 0 gray sealant at cracks See Sketch 173-KH-2




D ate Samples Colle cted

�1---�� Stephen Kaneshiro 07/06/2013

EMET Services, In c. 94-520 Uke'e Street. Suite A Wa l pahu, HI 96797 Phone(808)671-8383 Fax{808)671w7979

1304173-KH Page 14


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EMETID Building Number and Name Inspection Date 1304173

�-----�._I ---'-K"-H'--_.._j _____ --'-K---'a'--'a'--'-hu=m-"'a=nc..cu---'H""a""le'--____ __,I I 07/06/2013

DocumentNumber

Sample Area/lot Number and Name

I 173-KH-2E I white roof coating

Drawlng/Sketch Number and Name


173-KH-2E

A Sample Area should contain malarial of one, and only one, composilion or matrix. An exception can be made in the case of layered applicaHons ofmaterials, such as occurs with a Three Coat Plaster system, that generally matches the same physical locations. Special care must be taken while collecting samples of layered materials, lo enable the analysis lo discern the several matrices present. Such conditions should be described In detailon the Sample Notes form for the analyst. Location of Confinned, Assumed, or Unified Sam le AreaJHomo eneous Material New ACM within Buildin

white roof coating


Ceiling Height #1 '-I ___ ____.I #2 I :======:

Not AppHcable

RISK ASSESSMENT DETERMINATION

Material Type

Visible


Reachable Water Damage Square Feet of Ceiling Materials I

l=====lSquare Feet of Wall Materials I

:========lSquare Feet of Floor Surface I Barn·ers

i=· =====: Ventilation lfYes Friable linear Feet of TSI I ,�----- j • • I I 'I--.---,

Square Feet of Structural Steel Coal!ngs (Including over-spray)

Square Feet of Other ACM I

Linear Feet of Other ACM I :========l

Total square and/or linear feet of ACM: I


Total number of samples collected I 3 I Total number of samples analyzed


Samples Collected by I EMET I

NSam

bple 173-KH-2e1, 173-KH-2e2, 173-KH-2e3

um ors

Samples Analyzed by

Number of Saflent DBS!gnatfona

EMET

Air Movement Proximity to Repair

Hems

PHOTOGRAPH

Activity

EMET Services, Inc. " 94-520 Uke'e Street, Suite A • Waipahu, Hawaii 96797 Phone: (808) 671--8383 • FAX� (808) 671-7979

1304173-KH Page 16

Asbestos and Lead Pafnt Survey Report 01718-27



'--S-am_p_le-A-re_a/_L_o

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Sample % Descr iption of Sample Location Number Asbestos Sampled Material

173-KH-2e1 0 white roof coating See Sketch 173-KH-2

173-KH-2e2 0 white roof coating See Sketch 173¥H-2

173-KH-2e3 0 white roof coating Sea Sketch 173-KH-2



�L� Stephen Kaneshiro 07/06/2013

EMET Services, Inc. 94-520 Uke'e Street, Suite A Waipahu, HI 96797 Phone(808)671-8383 Fax(808)671-7979

1304173-KH Page 17


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EMET ID Building Number and Name Inspection Date ,____1_3_04_1_7_3_� �I __ K_H __ �I ______ K_a_a _hu_m_ a_n_u_H_a_le _____ �I l 07/06/2013

Sample Area/Lot Number and Name Document Number I 173-KH-2F I beige roof coaling Unified Sample


173-KH-2F

A Sample Area should ·contain material or one, and only one, composition or mahix. An exception can be made in the case of layered applications of materials, such as occurs with a Three Coat Plaster system, that generally matches the same physical localions. $pedal care must be taken while collecting samples of layered materials, to enable the analysis to discern the several matrices present. Such conditions should be described in detail on the Sample Notes form for the analyst. Location of Confinned, Assumed, or Unified Sam le AreaJHomo eneous Material New ACM within Buildin

beige roof coating


Celling Height #1 ! I #2::====�

Square Feet of Ceiling Materials Square Feet of Wall Materials Square Feet of Floor Surface

Linear Feet ofTSI Square Feet of Structural Steel Coatings (including over-spray)

Square Feet of Other ACM Linear Feet of Other ACM

Total square and/or linear feet of ACM;




Samples Collected by

N:�::: I173-KH-2f1, 173-KH-212, 173-KH-213

Samples Analyzed by

Number of Sallant Designations

NO

EMET

EMET

Not Applicable


Material Type Damage Condition Potential Damage

Visible Reachable Water Damage

Barriers Ventilation lfYes Friable .. I I I

Air Movement Proximity lo Repair

Activity Item�

PHOTOGRAPH

EMET Services, Inc. • 94-520 Uke 'e Street, Suite A • Waipahu, Hawaii 96797 Phone: (808) 671-8383 • FAX: (808) 671-7979

1304173-KH Page 19

Asbestos and Lead Paint Survey Report 01718- 30



1304173 I KH I Kaahumanu Hale ' I �S_a

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Sample % Description of Sample Locatio n Number Asbestos Sampled Material

173-KH-2f1 0 beige roof coating See Sketch 173-KH-2




Date Samples Collecte d

�1---�·� Stephen Kaneshiro 07/06/2013

EMET Services, Inc. 94-520 Uke'e Street, Suite A Waipahu, HI 96797 Phone (808} 871-8383 Fax (808) 671-7979

1304173-KH Page 20


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EMET ID Building Number and Name .__1_3_04_1_7_3 _ __,I I KH I Kaahumanu Hale

Document Number

Sample Area!Lot Number and Name

I 173-KH-2G I terrace subfloor system


Inspection Date 1 I 01 ,oe,2013

Unified SampleArea Number

173-KH-2G

A Sample Area should conlain malarial of one, and only one, composllion or malrix. An axcaplion can be made in Iha case of layered appfical\ons of materials, such as occurs with a Three Coal Plaster system, that generally matches Iha same physical locations. Special care musl be laken while co!lecling samples of layered materials, to enable the analysis to discern Iha several matrices prasanl Such conditions shOuld be descrtbed in detail on Iha Sample Notes form for the analyst Location of Confinned, Assumed, or Unified Sam le AreaJHomo eneous Material New ACM within Bulldin

terrace subfloor system Not Applicable


Ceiling Height#1 .___I ___ ___,I #2 !,::I===� n�--�-Square Feet of Celling Materials !=I=====

Material Type

Square Feet of Wall Materials !=I===== ,L, _____

__, Square Feet of Floor Surface!!=

=====l

Visible

Barriers Llnear Feet ofTSI l •------

Square Feet of Structural Steel I Coatings Oncluding over.spray) Square Feet of Other ACM I

Air Movement



Ventilation If Yes Friable I . " I I 1

Pro�imity to Repair Activity llams

Linear Feet of Other ACM !=I =====4 1:=:==================l Total square and/or linear feet of ACM: I PHOTOGRAPH





NSample 173-KH-2g1, i73-KH•2g2, 173-KH-2g3 umbers

Samples Analyzed by


NO I

EMET I

EMET

EMET Services, Inc. • 94-520 Uke'e Street, Suite A • Wafpahu, Hawaii 96797 Phone, (808} 671-8383 • FAX: (808) 671#7979

1304173-KH Page 22



Building Numb er and Name EMETID

._S_a_m_

p_le-A-re-a/-Lo_t_

N_u_m_,__be_

r_a

_n_d

_N

_a

_m

_e _____________ __, 1304173 I KH I Kaahumanu Hale l [

I 173-KH-2G j terrace subfloor system j .._ ______ __, �-------�-----------------�

Samp le % Descrip tion of Sample Location Number Asbostos Sampled Material

173-KH-2g1 0 terrace subfloor system See Sketch 173-KH-2

173-KH-2g2 0 terrace subfloor system See Sketch 173-KH-2

173-KH-2g3 D terrace subfloor system See Sketch 173-KH-2


Date Samp les Collected

Stephen Kaneshiro 07/06/2013

EMET Services, Inc. 94-520 Uke'e Street. Suite A Waipahu, HI 96797 Phone (808} 671-8383 Fax {808) 671-7979

1304173-KH Page 23

Asbestos and Lead Paint Survey Report 01718- 34

l;'

O" (D rn 0 (J) m ::i 0.. r (D m 0. -0 m :5 ,-,.

(/)

C

o<

...I,

(D

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, CJ

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0

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OR

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Asbe

stos

Bul

k Sa

mpl

e An

alys

is b

y Po

lariz

ed L

ight

Mic

rosco

py

in a

ccor

danc

e w

ith T

est M

etho

ds E

PA 6

00/M

4-82

-020

and

EPA

600

/9-9

3/11

6 �

W�£

,f¢

Clie

nt:

A

llan

a B

uic

k &

Bers

, In

c.

Ad

dre

ss:

70

7 R

ich

ard

s S

t, S

uite

63

5 H

on

olu

lu,

HI

968

13-4

613

Bu

ildin

g:

Ka

ah

um

an

u H

ale

Ad

dre

ss:

77

7 P

un

chb

owl S

tre

et

Ho

no

lulu

, HI

96

813

NV

LAP

LA

B C

OD

E 1

018

07

-0

I

11-A

pp

rove

d S

ign

ato

ry:

{sam

ple/

Hom

ogen

eous

Are

a: 1

73-K

H-2G

An

alys

is D

ate:

7/

11/2

013

Repo

rt Da

te:

Asb

esto

s Fi

brous

N

on-fi

brou

s A

sbes

tos

(Typ

e }

Com

pone

nts

Com

pone

nts

Lab

ID

Sam

!:!e

ID

Col

or

hom

o li!en

e!ll::

Pres

ent

Are

a%

Are

a%

Are

a%

173--

019

173·

KH•2

g1

blac

k, b

rown

Y

es

N

oce

llulo

se

mis

c. pa

n.

<1

90

10

173--0

20

173-

KH-2

g2

blac

k, b

rown

Y

es

No

cellu

lose

m

isc

.part

.

<1

90

10

173--0

21

173-

KH-2

g3

blac

k, b

rown

Y

es

No

cel

lulos

e

mis

c. pa

n.

<;1

90

10

•Ac

cre

dite

d b

y th

e N

atio

na

l Vo

lun

tary

La

bo

ratory

Ac

cred

itatio

n P

rogra

m (NVLAP

) for

the

sc

ope

sp

ecifi

c u

nd

er

La

b C

od

e 1

018

0N

I.

*Lab

orat

ory te

st re

port

ma

y n

ot b

e us

ed to

cla

im p

rodu

ct e

ndor

sem

ent b

y N

VLA

P o

r any

oth

er a

genc

y of

the

U.S

. Gov

ernm

ent.

'Lab

orat

ory

test

repo

rt r

elat

es o

nly

to it

ems

test

ed.

•sam

ples

ana

lyze

d as

rece

ived

by

1he

labo

rato

ry, i

nterp

reta

tion

is re

spon

sibi

lity o

f the

clie

nt

'Asb

esto

s fibe

r per

cent

age

appr

oxim

ate

-pe

rform

ed b

y vi

sual

obse

rvat

ion

only

. 'T

his

met

hod

is n

ot re

liabl

e fo

r an

alys

is o

f tile

or o

ther

mat

eria

ls w

hen

fiber

sg

e is

less

than

1 D

mic

rons

and

/or b

elow

det

ectio

n lim

it (a

ppr.

1%}

of c

urre

nt P

LM te

chni

ques

N

ote:

EPA

. OS

HA

, and

HiO

SH

def

ine

"asb

esto

s-co

ntai

ning

mat

eria

l" as

any

mat

eria

l or p

rod

uct w

hich

ccn

tans

mor

e th

an o

ne p

ercen

t asb

esto

s.

Th

is re

po

rt m

ay n

ot

be

rep

rod

uc

ed

ex

cep

t In

fu

ll a

nd

with

th

a p

erm

iss

ion

of

EM

ET

.

com

men

ts 71

1112

013 J

EM

ET

Se

rvic

es,

Inc.

94-5

20 U

ke'

e S

tree

t, S

uite

A, W

alp

ah

u,

Ha

waii

967

97

P

ho

ne

: (8

08)

67

1-8

383

F

AX:

(80

8)

67

17

979

EM

ET

ID 1

30

417

3

Pa

ge

24

"f'•�

•·"=

-,-•

-"··

··...

, ,.,.,_..,_,.

w-;·:·

-�

•••�

·--

7,··

·····"

�r"-'

·•·

""'• .

. �":;;

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=

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---

·

EMETID


Building Number and Name Inspection Dale 1304173 �I __ K_H_�l� _____ K_ a_a _hu_m_ a_n_u _H_a l_e ____ �I I 07/06/2013

Sample Area/Loi Number and Name Document Number 173-KH-2H 2' x 4' white pinhole acoustical cei l ing tile Unified Sample


173-K H-2H

A Sample Area should conlain malarial of one, and only one, composilion or matrix. An excaplion can be made in the case of layered applications of materials, such as occurs with a Three Coal Plaster syslem, that generally matches Iha same physical locations. Spacial care must be taken while collacling samples of layered materials, lo enable Iha analysis to discarn the several malrices present. Such conditions should be described in detail on the Semple Notes form for Iha analyst. Location of Confinned, Assumed, or Unified Sam le Area/Homo eneous Material New ACM within Buildin

2' x 4' white pinhole acoustical ceiling tile Not Applicable


Damage Condition Potential Damage Ceiling Height #1 ,__/ ____ ...,l #2 :::I====::::! .,, __ M_ate_r_la_l T�yp�e�

Square Feet of Ceiling Materials j �----�

Square Feet of Wall Materials I Visible Reachable Water Damage �===�

Square Feet of Floor Su rface I Barr,·ers lo· =======l Ventilation If Yes Friable L inear Feet ofTSJ j ,�----� ! - - I 11�-�---�

Square Feet of Structural Steel I I Coatings (including over-spray) Square Feet of Other ACM c==:J

Air Movement Proxlmily to Repair

Items Activity 11�----� c=-----7�----�

Linear Feet of Other ACM c==:J 1:======================:Total square and/or linear feet of ACM: I I SAMPLE ANALYSIS SUMMARY SECTION




Nsa��la 173-KH-2h1, 173-KH-2h2, 173-KH-2h3 umuurs

Samples Analyzed by Number of Sallant Designations

NO I EMET I

EMET

PHOTOGRAPH

EMET Services, Inc. • 94-620 Uke'e Street, Suite A • Waipahu, Hawaii 96797 Phone: (BOB) 671-8383 • FAX: (808} 671-7979

1304173-KH Page 25

Asbestos and Lead Palnt Survey Report 01718 - 36


Building Nu mber and Name EMETID

. . 1304173 I KH I Kaahumanu Hale

' I ._S_a

_m

_p

_le-

A-re_a/

_L_

o_t

_N _u _

m_,_b

_e

_r_a _n _d _N_a_m

_e _____________ ___,

L..---------'173-KH-2H 2' x 4' white pinhole acoustical ceiling tile

Sample % Description of Sample Location Number Asb&stos Sample d Material

173-KH-2h1 0 2' x 4' white pinhole acoustical ceiling

See Sketch 173-KH-2 tile





Inspector's Name Signatur e

Date Samples CoHected

�'L--� Stephen Kaneshiro 07/06/2013

EMET Services, Inc. 94-520 Uke'e Stree t, Suite A Waipah u, HI 96797 Phone (808) 671-8383 Fax (808} 671-7979

1304173-KH Page 26


a;,

O"

(])

(/)

0

(/)

OJ

:::i

0.

r

(])

OJ

0.

-0

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o<

...,,

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-.J '<

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!

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c.vo

00

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BO

RA

TO

RY

R

EP

OR

T

Asbe

stos

Bul

k Sa

mple

Ana

lysis

by P

olariz

ed L

lght M

icro

scop

y in

acco

rdan

ce w

ith T

est M

etho

ds E

PA 6

00/M

4-82

-020

and

EPA

600/

9-93

/116

�

W�&'>

�

Clie

nt:

Alla

na B

uic

k &

Ber

s, In

c.

Bui

ldin

g:

Kaa

hum

anu

Hal

e N

VLA

P L

AB

CO

DE

101

807-

0 A

ddre

ss:

707

Rich

ards

St.,

Sui

te 6

35

Hon

olul

u, H

I 96

813-

4613

A

ddre

ss:

777

Pun

chbo

wl S

tree

t H

onol

ulu,

HI

9681

3 A

ppro

ved

Sig

nato

ry:

�am

ple/H

omog

eneo

us A

rea:

173

-KH

-2H

An

alys

is Da

te:

7/11

/201

3 Re

port

Date

: A

sbes

tos

Fibr

ous

Non-

fibro

us

Asb

esto

s (T

ype)

C

ompo

nent

s C

ompo

nent

s La

b ID

S

amel

e ID

C

olor

ho

mo1i

enei

!l'.

Pres

ent

Are

a%

Are

a%

Are

a%

173--0

22

173-

KH-2

h1

whi

te

Yes

N

o

cellu

lose

fmin

.woo

l m

isc. p

art.

<1

70

30

173--0

23

173-K

H-2h

2 w

hite

Y

es

No

cellu

lose/

min

. woo

l m

lsc. pa

rt.

<1

70

30

173--0

24

173-

KH-2

h3

whi

te

Yes

No

ce

llulo

se/m

in. w

ool

misc

. part.

<1

70

30

*Ac

cre

dite

d b

y th

e N

ati

on

al V

olu

nta

ry L

abo

rafxJry

Ac

cre

ditati

on

Prog

ram

{NVJ..AP) fo

r th

e s

co

pe

sp

ec

ific

un

de

r la

b C

od

e 1

01

80

7--0

. •L

abor

atory

test r

epor

t may

not

be

used

to c

laim

pro

duct

end

orsem

ent b

y NV

LAP

or a

ny o

ther

age

ncy o

f the

U.S

. Gov

ernm

ent.

•Lab

orat

ory tes

t rep

ort r

elat

es o

nly

to it

ems

test

ed.

*Sam

ples

ana

lyzed

as

rece

ived

by

the

labo

raro

ry, i

nter

pret

atio

n is

resp

onsi

bilit

y of

the

clie

nt

*Asbe

stos

fibe

r per

cent

age

appro

xim

ate-

perfo

rmed

by

visu

al o

bserv

atio

n on

ly.

•Thi

s m

etho

d is

not

relia

ble

for a

naly

sis

of ti

le o

r oth

er m

ater

ials

whe

n fib

er s

ize

is le

ss !h

an 1

0 m

icro

ns a

ndfo

r bel

ow d

etec

tion

limit

(app

r. 1 %

) of

cur

rent

PLM

tech

niqu

es

Not

e: E

PA, O

SH

A, a

nd H

iOS

H d

efin

e ·a

sbes

tos-

cont

aini

ng m

ater

ial'

as a

ny m

ater

ial o

r pro

duct

whi

ch c

onta

ns m

ore

than

one

per

cent

asb

esto

s.

Th

is r

ep

ort

ma

y n

ot

be

rep

rod

uce

d e

xce

pt

In f

ull

an

d w

ith

th

e p

ann

lss

lon

of E

ME

T.

com

men

ts

///

v,,..__

7/11

/201

31

EM

ET

Se

rvic

es

, In

c.

94

-52

0 U

ke

�e S

tre

et,

Su

ite A

1 W

alp

ah

u,

Ha

waii

96

797

P

ho

ne

: (8

08

) 67

1-8

38

3

FA

X:

(80

8)

6717

979

EM

ET

ID 1

304

173

Pag

e 27

EMET ID

1304173


Building Number and Name Inspection Date

�-----� .... I _-.:..:Kc...:H __ l'--____ ....:.K..:.:a:..=a

:..:.:hu::::m:.:..:a::.:n

:::.u.:..:H�a:.::.

le ____ ___.Jl l 07/0612013 Sample Area/Lot Number and Name

Document Number I 173-KH-21 I plaster wall and ceiling Unified Sample


173-KH-2I

A Sample Area should contain material of one, and only one, composition or matrix. An excapfion can be made in the case of layered applications of materials, such as occurs wilh a Three Coat Plaster system, Iha! generally matches the same physical locations. Special care must be taken while collecfing samples of layered materials, to enable lhe analysis to discern the several matrices present Such conditions should be described in detail on the Sample Noles form for the analyst. Location of Conflnned, Assumed, or Unified Sam le Area/Homo eneous Material New ACM within Buildin

plaster wall and ceiling Not Applicable


Ceiling Height #1 ._I___

___.I #2 �I---- Material Type Damage Condition Potential Damage

Square Feet of Ceiling Materials I 11'-------__J Visible Reachable Water Damage Square Feet of Wall Materials I=!====�

, Barriers Ventilation lfYes Friable Square Feet of Floor Surface

I ll'--- -::..::__ _ __J

LlnearFeetofTSI LI _.:-:..:.·-LI _c.::___JI '-I -'----'--'--'---__J

Square Feet of Structural Steel I Proximity to Repair Coatings (including over-spray)

11._A_i_r M_o __ v_e

_m_en

_t___, 1 _

_ l!filll.L_ ___ 1

�_A_c_ti_vi__,_ty _� Square Feet of Other ACM I . - - .

F====�

Linear Feet of Other ACM J======l l�====================lTotal square and/or linear feet of ACM: I PHOTOGRAPH




samples Collected by

NSam

bple 173·KH-2'11, 173-KH-2i2, 173-KH-2i3

um era

Samples Analymd by


NO

EMET

EMET

EMET Services, Inc. 0 94-520 Uke'e Street, Suite A • Waipahu, Hawaii 96797 Phone: (808) 871-8383 • FAX: (808) 671-7979

1304173-KH Page 28



Building Numbe r and Name EMETID

1304173 l KH [ Kaahumanu Hale

' I '---S-am_p_le_A_re_a/L_o_t_N

_u_m ..... b_

e_r

_a

_n_

d_N

_am_e____________ ___.

I 173-KH-2I I plaster wall and ceiling , 1--------� �-------�-----------------�

Sample % Descripti on of Sample Location Numb er Asbestos Sampled Material

173-KH-2i1 0 plaster wall and ceiling See Sketch 173-KH-2






EMET Services, Inc. 94-520 Uke'eStreet, Suite A Waipahu, HI 96797 Phone (808) 671-a3B3 Fax (808) 671•7979

1304173-KH Page 29


�

O"

(D

(/) 0

(/J

Ill

:::i

0..

r

(D

Ill

0..

- 0

ll) �

(1)

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o<

_,,,

(D

-..j'<

-'

;::o

CP (

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LA

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RA

TO

RY

R

EP

OR

T

Asb

esto

s Bu

lk S

ampl

e A

nalys

is b

y Po

lariz

ed L

ight

Mic

rosc

opy

in a

ccor

danc

e w

ith T

est M

etho

ds E

PA 6

00/M

4-82

-020

and

EPA

600

/9-9

3/11

6 �

W�&

,w]

Clie

nt:

Alla

na B

uick

& B

ers,

Inc

. B

uild

ing:

K

aahu

man

u H

ale

NV

LAP

LAB

CO

DE

101

807

-0

Ad

dres

s:

707

Ric

har

ds

St.

, Sui

te 6

35

Hon

olul

u, H

I 96

813-

461

3

Add

ress

: 77

7 P

unch

bow

l Stre

et

Hon

olul

u, H

I 96

813

App

rove

d S

ign

ator

y:

!sam

ple/

Hom

ogen

eous

Are

a: 1

73-K

H-2I

Ana

lysi

s Da

te:

7/11

/201

3 R

eport

Dat

e:

Asbe

stos

Fi

brou

s No

n-fib

rous

A

sbes

tos

(Typ

e )

Com

pone

nts

Com

pone

nts

Lab

ID

Sam

ele

ID

Col

or

hom

o�en

ei!;}:

Pre

sent

A

rea%

!>.

ea¾

A

rea%

17

3--025

i7

3 -KH

-2i1

gray

Yes

No

misc

. part

.

<1

10

0

173-D

26

173-

KH-2

i2

gray

Y

es

No

mis

c, p

art.

<1

10

0

173-D

27

173-

KH-2

i3

gra

y

Yes

No

misc

. part.

<1

100

�Ac

cre

dlta

d by

tho

Nati

on

al V

oh

mbuy

Lab

orato

ry A

ccrudltatl

on

Prog

ram

(NVLA

P)

fur

the

scop

e :s

pe

cifi

c u

nd

er

La

b Co

de

10

1807

--0.

'Lab

orat

ory te

st re

port

may

not

be

used

to c

laim

pro

duct

end

orse

men

t by

NVLA

P or

any

oth

er a

genc

y of

the

U.S

. Gov

ernm

ent.

'Lab

orat

ory

test

repo

rt re

late

s on

ly tn

item

s te

sted

. •S

ampl

es a

naly

zed

as re

ceiv

ed b

y th

e la

bora

tory

, int

erpr

etatio

n is

resp

onsi

bility

of t

he c

lient

. •A

sbes

tos

fiber

perce

ntag

e ap

prox

imat

e-pe

rform

ed b

y vi

sual

obs

ervat

ion

only

. 'T

his

met

hod

is n

ot re

liabl

e fo

r ana

lysi

s of

tile

or o

ther

mat

eria

ls w

hen

fiber

siz

e is

less

than

10

mic

rons

and

/or b

elow

dete

ction

lim

it (a

ppr.

1 %)

of c

urre

nt P

LM te

chni

ques

N

ote:

EPA

, OS

HA

, and

HIO

SH

defin

e "a

sbes

tos-

cont

aini

ng m

ater

ial"

as a

ny m

ater

ial o

r pro

duct

whi

ch c

onta

ns m

ore

than

one

per

cent

asb

esto

s.

Th

is re

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Document Number


Building Number and Name I KH I Kaahumanu Hale Sample Area/Lot Number and Name

I 173-KH-2J I transite window panel

Drawing!Sketch Number and Name

I 173-KH-2 173-KH-2

Inspection Date I I 07/06/2013

I Unified Sample Area Number

I I 173-KH-2J -lA Sample Area should contain material of one, and only one, composition or matrix. An exception can ba made in the case of layered applications of materials, such as occurs with a Three Coal Plaster system, that generally matches the same physical locations, Special care must be taken while collecting samples or layered materials, to enable the analysis to discern the several matrices presenL Such conditions should be described in detail on the Sample Noles form for the analysl Location of Confinned, Assumed, or Unified Sam le Area/Homo eneous Material New ACM within Bulldin

transits window panel


Ceiling Height #1 !._ ___ �, #2 ,�---�,Square Feet of Celling Materials ! I

See Sketch 173-KH-2

located below perimeter windows of 2nd floor Mauka Wing.

No samples were collected to prevent significant damage.


Material Type Damage Condition Potent!al Damage

Miscellaneous i I None I L..filiirrm�.iiL=:l Visible Reachable Water Damage

Square Feet of Wall Materials :,,,I =====ll Square Feet of Floor Surface :, :::::::::, .. ��

More lhan 10% 11 Within reach Barriers

Linear Feet ofTSI I I u.-----� Ventilation If Yes

11 None

Friable None I 1 Yes I I 1 No I

Square Feet of Structural Steel j I Proximity to Repair Coatings (including over-spray) : • Air Movement llems Actlvity

Square Feet of Other ACM I 720 I u�--H-ig-h--�I I Less than 1 Q I High Linear Feet of Other ACM ic======l. :====================:

Total square and/or linear feet of ACM: I ±720 I SAMPLE ANALYSIS SUMMARY SECTION

Total number of samples collected I O I Total number of samples analyzed

IS ASBESTOS-CONTAINING MA TER!AL PRESENT?

I O I I ASSUMED I

Samples Collected by j I

Sample Numbers

Samples Analyzed by Number of Salient Designations

PHOTOGRAPH

EMET Services, Inc. • 94-520 Uke'e Street,. Suite A " Waipahu, Hawaii 96797 Phone: (808) 671--8383 • FAX: (808) 671-7979

1304173-KH Page 31


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Building Number and Name Inspection Date I i KH I Kaahumanu Hale �-----� 1304173 1 1 0710512013

Sample Area/Lot Number and Name Document Number j 173-KH-3A I tan textured coatfng Unified Sample


173-KH-3A

A Sample Area should contain malarial of one, and only one, composition or matrix. An exception can be made in the case of layered applications of materials, such as occurs wilh a Three Coat Plaster system, that generally matches the same physical localions, Special care must be taken while collecting samples of layered materials, lo enable Iha analysis lo discern the several matrices present. Such condllions should be described In detail on the Sample Notes form for the analyst. Location of Confinned, Assumed, or Unified Sam le Area/Homo eneous Material New ACM within Buildin

tan textured coating

SAMPLING STRATEGY DATA Ceiling Height #1 I j #2


Linear Feet ofTSI Square Feet of Structural Steel

::====::::

Not Applicable

RJSK ASSESSMENT DETERMINATION Material Type

Visible

Barriers



Ventilation If Yes Friable II,------,

'-------' I -- I I �I-�! __ __,

Air Movement Activity Coatings (including over-spray) Square Feet of Other ACM Linear Feet of Other ACM

Total square and/or linear feet of ACM:

Proximity to Repair il!'!I!)S

l=====:411'----� c=--==i '-------'

SAMPLE ANALYSIS SUMMARY SECTION Total number of samples collected J 3 j Total number of samples analyzed


Samplas Collected by I EMET I

NSam

bple 173-KH-3a1, 173•KH-3a2, 173-KH-3a3

um ers

Samples Analyzed by


EMET

PHOTOGRAPH

EMET Services, Inc. • 94-520 Uke'e Street, Suite A • Walpahu, Hawaii 96797 Phone: (808) 671-8383 • FAX: (808) 671-7979

1304173-KH Page 33



Building Number and Nam e EMETID

1304173 I KH I Kaahumanu Hale

11 �S_a_m_p_le -A-re

_ al_L_ot_N_u

_m�be-r

_a_n_d

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LI __ 1_7_3_¥_H_-_3_A __ _,__l ______ ta_n_t_e _xt_u_re_ d_c_o_ a_ti_n _g _____ __.l �------�

Sam ple % Descr iption of Sample Location Number Asbestos Sampled Material

173-KH-3a1 0 tan textured coating See Sketch 173-KH-3





�L--�·� Stephen Kaneshiro 07/06/2013


1304173-KH Page 34


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EMETID Building Number and Name Inspection Date 1304173 ,_______ _, �I __ K _H_�l� _____ K_ a_a _hu_m_ a_n _u _H_a _le ____ �I I 07/06/2013

Document Number

Sample Area/Lot Number and Name

I 173-KH-38 I beige expansion joint



173-KH-3B

A Sample Area should contain material of one, and only one, composl!ion or matrix. An exception can be made in Iha case o( layered appflcations of maler\als, such as occurs with a Three Coal Plasler system, Iha! generally matches the same physical locations. Special care must be taken whlle collecting samples of layered malerials, lo enable the analysis lo discern Iha several matrices present Such condillons should be described in detail on Iha Sample Noles form for Iha analysl Location of Confinned, Assumed, or Unified Sam le AreaJHomo eneous Material New ACM within Buildin

beige expansion joint Not Applicable

SAMPLING STRATEGY DATA RJSK ASSESSMENT DETERMINATION

Ceiling Height #1 ._I ___ ___.I #2 ::I===�Material Type

Square Feet of Ceiling Materials r======l Square Feet of Wall Materials _ 11�-----�Square Feet of Floor S urface I u�-----�

Visible

Linear Feet of TSI I Square Feet of Structural Steel :=

I====�

Coatings (including over-spray} Square Feet of Other ACM Linear Feet of Other ACM

Total square and/or l'lnear feet of ACM:


Total number of samples collected I 3 :::I ===3=:Total number of samples analyzed

IS ASBESTOS-CONTAINING MATERIAL PRESENT? NO

Samples Collected by j EMET

Nsa�f18 173-KH-3b1, 173-KH-3b2, 173-KH-3b3 UffilSVI'&

samples Analyzed by Number of Salient Delgnatlons

EMET

Barners

Air Movement

Damage Cond!tlon Potential Damage


Venfilation lfYes Friable

I I I I Proximity to Rapalr

Activity !tams

PHOTOGRAPH

EMET Services, Inc. • 94-520 Uke'e Street, Suite A • Waipahu, Hawaii 96797 Phone: (808) 671-8383 • FAX: (808) 671M7979

1304173-KH Page 36




1304173 I KH I Kaahumanu Hale ' I

...__S_a_m_p_le_A_re

_a/_L

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L� __ _L ____ __.I ..____ _ _ � 73-KH-38 beige expansion joint _

Sample % Desc r iption of Sample Location Number Asbestos Sampled Mate rial

173-KH-3b1 0 beige expansion joint See Sketch 173-KH-3




Date Sa mples Collected


EMET Services, Inc. 94-520 Uke'e Stree t, Suite A Waipahu, HI 96797 Phone (808) 671-8383 Fax (808) 671-7979

1304173-KH Page 37


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EMETID 1304173


Building Number and Name Inspection Date

�------' ... I _.....;.K:.:..H'--_.,_l _____ ----'K-=a:.::a

::..:hu:::.:m'-'a

:::.:n.:..:u:....:H..:.:a

::;;!e::;,_. ____ -.JI i 07/06/2013

Sample Area/Lot Number and Name Document Number I 173-KH-3C I gray caulking at window frame Unified Sample


173-KH-3C

A Sample Area should contain malarial of one, and only one, composition or matrix. An exception can be made In lhe case of layered applications of materials, such as occurs with a Three Coat Plaster syslem, that generally matches Iha same physical locations. Special care must be laken while collecting samples of layered malerials, lo enable Iha analysis to discern the several matrices present. Such conditions should be described In detail on the Sample Notes form for the analyst. Location of Confirmed, Assumed, or Unified Sam le Area/Homo eneous Material New ACM within Buildin

gray caulking at window frame Not Applicable


Celling Height #1 ... I ___ __.! #2 j Material Type Damage Condition Potential Damage

Square Feet of Ceiling Materials Square Feet of Wall Materials ,

::======:

,�_V_is_ib_le __ � Reachable Waler Damage

Square Feet of Floor Surface I �-----' _ Barriers VenUlation If Yes Friable

LlnearFeet ofTSI I �----� I -- I 11 :=! ===: ��-� Square Feet of Structural Steel Coatings (including over-spray)

Square Feet of Other ACM- Air Movement

Proximitl yt

10 RepairAciivity

I ems

. --==i �--� Linear Feet of Other ACM I

l======lTotal square and/or linear feet of ACM; I




Samplu Collected by

Sample 173-KH-3c1, 173-KH-3c2, 173-KH-3c3 Numbers

Samples Analyzad by

Number or Sallent Designations

31 31

NO

EMET I

EMET

PHOTOGRAPH

EMET Services, Inc. • 94-520 Uke ·e Street, Suite A • Waipahu, Hawaii 96797 Phone: (808) 671-8383 • FAX: {808) 671�7979

1304173-KH Page 39


Sample log and Notes


._I ____ K_H ___ __._j _______ K_a_a _hu_m_an_u_H_a_le _____ __,I JSample Area/Lot Number and Name

130417 3

,_, __ 1_7_3_-K_H_-_3_c __ ..... l ____ g_r_ ay_c_au_l_ki_n_g_a_t _w_in_d_o_w_f_ra_m_e ___ __,I ,___

______ ...,



173-KH-3c1 0 gray caulking at window frame See Sketch 173-KH-3





Stephen Kaneshiro 07/06/20"!3


1304173-KH Page 40

Asbestos and Lead Pain t Survey Report01718-51

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nter

pret

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n fib

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ss th

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duct

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ch c

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ore

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Page

41


EMETID Bullding Number and Name Inspection Date

1304173 �I __ K_H __ �I _____ K_ a_a _hu_m_a_n _u _ H _a_le ____ �I I 07/06/2013


Document Number

I 173-KH-3D I pl aster wall and ceiling Unified Sample Area Number

Drawing/Sketch Number and Name 173-KH-3D

A Sample Area should contain mater\al of one, and only one, composition or matrix. An exceplion can ha made in the case of layered applica1ions of materials, such as occurs wilh a Three Coal Plaster system, thal generally malches the same physical localions. Special care must be taken while collecling samples of layered materials, to enable the analysis to discern the several malrices present Such conditions should be described in delail on the Sample Notes form for Iha analysl Location of Confinned, Assumed, or Unified Sam le Area/Hom eneous Material New ACM within Buildin

plaster wall and celling Nol Applicable


Ceiling Height #1 j I #2

Square Feet of Ceiling Materials

Square Feet of Wall Materials

Square Feet of Floor Surface

Linear Feet of TSI Square Feet of Structural Steel Coatings (including over-spray)

Square Feet of Other ACM

Linear Feet of Other ACM


I Material Type :=======: 11�--�


I �-�

:=======l

l Vis·1ble Reachable Water Damage

I Barriers Ventilalion lfYes Friable :=:===;I '�---I -- I !�I--

-�

I I


Items Activity ,�----� c----.:-=-===i �----�

PHOTOGRAPH


Total number of samples collected

Total number of samples analyzed



NSam

bple 173-KH-3d1, 173·KH-3d2, 173-KH-3d3

um om

Samples Analyzed by


NO I

EMET I

EMET

EMET Services, Inc. • 94-520 Uke'e Street, Suite A • Waipahu, Hawaii 96797 Phone: (808) 671-8383 • FAX: (808) 671-7979

1304173-KH Page 42




. . 1304173 I KH I Kaahumanu Hale

' I -S-am

-p

-le_A

_re_a/_L_ o_t_N_um�b-e_r_a_n _d _N_a _m_e _ ___________ � �------�

I 173-KH-3O I plaster wall and ceiling I Sample % Description of Sample L ocation Number Asbestos Sampled Material

173-KH-3d1 0 plaster wall and ceiling See Sketch 173-KH-3




Date Samples Col lected


EMET Services, Inc. 94-520 Uke'e Street, Suite A Waipahu, HI 96797 Phone (808) 671-8383 Fax (BOB) 671-7979

1304173-KH Page 43


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r ana

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,__ _____ _. �I __ K_H __ �I ______ K_a_ah�u_m�a �n_u �H_a_le _____ .....,! I 07/06/2013 Sample Area/Lot Number and Name

Document Number 173--KH-3E 2' x 4' white pinhole acoustical ceiling tile Unified Sample

Area NumberDrawing/Sketch Number and Name

173-KH-3E

A Sample Area should contain malarial of one, and only one, composition or matrix. An exception can be made in the case of layered applicaUons of materials, such as occurs with a Throe Coal Plaster system, that generally matches Iha same physical local\ons. Special care must be taken white collecling samples of layered materials, lo enable the analysls lo discern the several matrices present Such conditions should be described in deta\1 on Iha Sample Notes form for the analyst Location of Confirmed, Assumed, or

Unified Sam le Area/Hom eneous Material New ACM within Buildin



Ceiling Height #1 I I #2 I :====::::::::

Square Feet of Ceiling Materials I !======l

Square Feet of Wall Materials Square Feet of Floor Surface

Linear Feet ofTSI Square Feet of Structural Steel Coatings {including over-spray)

Square Feet of other ACM Linear Feet of other ACM




Total number of samples analyzed IS ASBESTOS.CONTAINING

MATERIAL PRESENT? Sampl88 Coltoctad by

NSambpla 173-KH-3e1, 17S.KH-3e2, 173-KH-3e3 um am

Samples Analyzed by Number of Salient Designations

NO I

EMET I

EMET

Not Applicable




Barriers Ventilation If Yes Friable - - I I I


Activity Hems

PHOTOGRAPH

EMET Services, Inc. • 94-520 Uke'e Street, Suite A • Waipahu, Hawaii 96797 Phone: (808) 671-8383 • FAX: (808) 671"7979

1304173-KH Page 45


Sample Log and Notes Building Number and Name EMETID

I KH I Kaahumanu Hale ' I . . 1304173 ,__

S_a_m

_p

_le

-A-re

_al

_L_o

_t

_N

_u

_m..,_

be_r_a_n_d_N_a _m_e ___

________

__ __. ,_ _

_____ __, 173-KH-3E 2' x 4' white pinhole acoustical ceiling tile

Sample % Description of Sample location Number Asbestos Sampled Material

173-KH-3e1 0 2' x 4' white pinhole acoustical ceiling See Sketch 173-KH-3 tile

173-KH-3e2 0 2' x 4' white pinhole acoustical ceiling See Sketch 173-KH-3 tile

173-KH-3e3 0 2' x 4' white pinhole acoustical ceiling





EMET Services, Inc. 94-620 Uke'e Street, Suite A Waipahu, HI 96797 Phone (808) 671-8383 Fax (808) 671"7979

1304173-KH Page 46


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eria

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ll a

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e or

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g

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s N

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M

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KH

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n j

oin

t Y

es

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ray

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rs t

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cti

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amag

e C

ondi

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olat

e ar

ea a

nd r

estr

ict a

cces

s.

Rem

ove

or re

pair

AS

AP

. T

= M

ateria

l T�g

e:

DC

= D

amag

e C

ondi

tion:

2.

C

ontin

ue O

pera

tions

and

Mai

nten

ance

(O

&M

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ogra

m.

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S

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cing

N

D "'

No

Dam

age

NP

D =

No

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entia

l Dam

age

Rem

ove

or re

pair

AS

AP

, or r

educ

e po

tenti

al f

or d

istu

rban

ce .

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Mis

cella

neo

us

D =

Dam

age

d P

D =

AC

BM

w/ P

oten

tial D

amag

e 3-

5. R

epai

r, co

ntin

ue O

&M

. Lo

wer

num

ber

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cate

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gher

prio

rily if

all

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The

rmal

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tem

s S

D =

S

ignifi

cant

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age

PS

D =

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tial S

igni

fican

t Dam

age

repa

ir ca

nnot

be

done

imm

edia

tely

. 6-

7. C

ontin

ue O

&M

. T

ake

prev

entiv

e m

easu

res

to r

educ

e di

sturb

ance

. N

umbe

r ind

icate

s pr

iority

for

rem

oval

. 8.

C

ontin

ue O

&M

unt

il m

ajor

ren

ovat

ion

or d

emol

ition

req

uire

s re

mov

al

unde

r N

ES

HA

PS

, or u

ntil

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rd a

sses

smen

t fact

ors

chan

ge.

Not

e: A

n O

&M

pro

gram

may in

clud

e en

clos

ure

and

enca

psul

atio

n.

EM

ET

Serv

ices, In

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• 9

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EMET ID Building Number and Name Inspection Date ,___1_3_04_1_7_3 _ __. �I __ K_H __ �I ______ K_a _a _hu_m_ a_n _u _H_a_le _____ _..l I 07/ 06/2013

Document Number


I 173-KH-4A I tan textured coating



173-KH-4A

A Sample Area should contain matertal or one, and only one, composilion or matrix. An exception can be made in the case of layered applicalions of materials, such as occurs wilh a Three Coal Plaster syslem, that generally matches the same physical locations. Special care must be taken white collecling samples of layered materials, lo enable the analysis lo discern Iha several matrices present. Such conditions should be described in detailon the Sample Noles form for lhe analysl Location of Confinned, Assumed, or

Unified Sam le Area/Homo eneous Material New ACM within Buifdln

tan textured coating Not Applicable


Material Type Ceiling Height #1 L..I ___ __.I #2 I ::::

I===�

II'----� Square Feet of Ceiling Materials Square Feet of Wall Materials Visible I Square Feet of Floor Surface I

jl======l

,�---� Barriers

Linear Feet of TSI Square Feet of Structural Steel Coatings (Including over-spray)

Square Feet of Ot her ACM Linear Feet of Ot her ACM I

l=======l Total square and/or linear feet of ACM: I





NSam

bpte 173-KH-4a1, 173-KH-4a2, 173-KH-4a3

um ers

Samploo Analyzed by

Num ber of Salient Designations

NO I

EMET I

EMET

Air Movement



Vanlilation If Yes Friable I - " I 11 I

Pro�imity to Repair Activity Hems

PHOTOGRAPH

EMET Services, Inc. • �20 Uke'e Street. Suite A • Waipahu, Hawaii 96797 Phone: (808) 671-8383 • FAX: (808} 671�7979

1304173-KH Page 49



Buil ding Number a nd Name EMETID

. . 1304173 I KH I Kaahumanu Hale ' I ..._

S_a_m_

p_le

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_e _____________ __. -------�l 173-KH-4A J tan textured coating I Samp le % Description of Sa mple Loc ation Number Asbestos Sampled Material





Date Samples Col le cte d


EMET Servi ces, Inc. 94-520 Uke'e Street; Suite A Waipahu, HI 96797 Phone (808) 671-8383 Fax (808) 671-7979

1304173-KH Page 50

Asbestos and Lead Paint SuNey Report 01718-61

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on

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l 9

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pro

ved

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nato

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�am

ple/H

omog

eneo

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rea:

173

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4A

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ysis

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7/11

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e:

Asb

esto

s F

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us

Non

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Asb

esto

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ype )

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ompo

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S

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%

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0

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1

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pe

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nd

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La

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ode

10

180

7-0

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abor

ator

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st re

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en

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NVLA

P o

r any

oth

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genc

y of

the

U.S

. Gov

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men

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abor

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repo

rt re

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sted

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nal

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nte

rpre

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is n

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alys

is o

f tile

or

oth

er m

ateri

als

whe

n fib

er s

ize

is les

s th

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or b

elow

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ection

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it (a

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ore

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EMET!D Building Number and Name Inspection Date 1304173 �I __ K_H __ �I ______ K_a_a _hu_ m_ a_ n_u _H_ a_le _____ �I I 07/06/2013

Sample Area/Lot Number and Name Document Number I 173-KH-48 I beige expansion joint Unified Sample


173-KH-4B

A Sample Area should conlaln material of one, and only one, composition or matrix. An exception can be made in the case of layered appficalions of materials, such as occurs with a Three Coat Plaster system, that generally matches the same physical locations. Special care must be taken while collecting samples of layered materials, to enable the analysis to discern Iha seueral matrices presenL Such conditions should be described in detail on the Sample Noles form for the analyst Location of Confinned, Assumed, or Unified Sam le Area/Homo eneous Material New ACM within Buildin



Celling Height #1 I I #2 I !======:Square Feet of Ceiling Materials


Not Applicable




Bar riers Ventilation If Yes Friable Linear Feet of TSI

Square Feet of Structural Steel Coatings (including over-spray)

!=====::: Ir----- I •· I 11�-�--�

Square Feet of Other ACM l========l







NSa��le 173-KH-4bi, 173-KH-4b2, 173-KH-4b3 umuvl'S

Samples Analyzed by

Number of Salient Daslgnatlons

NO

EMET

EMET

3

3

Proximity to Repair 11�_A_i_rM_o_v_e_m_en_t�

L-��--

l�-A_ c_ti_vi_� __

PHOTOGRAPH


1304173-KH Page 52




�S_a_m_p-le-A-re_al_L_

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11

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_ __

_

___

___.

Sample % Description of Sample Location Number Asbestos Sampled Material

173-KH-4b1 0 beige expansion Joint See Sketch 173-KH-4







1304173-KH Page 53


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orse

men

t by

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LAP o

r an

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her a

genc

y of

the

U.S

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ernm

ent.

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orat

ory

test

repo

rt re

late

s on

ly to

item

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sted

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as r

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n is

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n on

ly.

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s m

ethod

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le o

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er m

ater

ials

whe

n fib

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is le

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ectio

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EMET ID Building Number and Name Inspection Date 1304173 �I __ K_H __ �I ______ K_a_a_hu_m_ a_n _u _H_a _le _____ �I I 07/06/2013

Sample Area/Lot Number and Name Document

Number I 173-KH-4C I gray caulking at window frame Unified Sample Area Number

Drawing/Sketch Number and Name 173-KH-4C

A Sample Area should contain material of one, and only one, composition or matrix. An exception can be made in the case of layered applications of materials, such as occurs with a Three Coal Plaster system, lhat generally matches lhe same physical localions. Special care must be laken while collecling samples of layered materials, to enable \he analysis lo discern lhe several matrices present. Such conditions should be described in detail on lhe Sample Noles form for Iha analyst. Location of Confinned, Assumed, or Unified Sam le Area/Homo eneous Material New ACM within Buildin

gray caulking at window frame Not Applicable


Ceiling Height #1 ._I ___ _./ #2 �I---� Material Type Damage Condition Potential Damage

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Total n umber of samples collected Total number of samples analyzed



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NO )EMET I

EMET

Barriers VenUlation If Yes Friable


Items Activity

�----� r----

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PHOTOGRAPH


1304173-KH Page 55




I..__ ___ K_H ______ I _______ K _aa_h_u_m_a_n_u_H_a_l_e _____ .............,11Sample Area/Lot Number and Name

1304173

�I _ _ 1_7_3_-K_H_-4_c __ �l ____ g_r_ay_ca_u_lk_i_ng_a _t w_in_d_ow_f_ra_m_e ___ �J ..__ ______ _,









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1304173-KH Page 56


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EMET ID Building Number and Name

,___13_0_4_17_3 _ _., ! KH ! Kaahumanu Hale

Document Number


I 173-KH-4D I plaster waif and celling


Inspection Date

1 1 0110012013

Unified Sample· Area Number

173-KH-4D

A Sample Area should contain material of one, and only one, composition or matrix. An exception can be made in the case of layered applications of materials, such as occurs wilh a Three Coat Plaster system, Iha! generally matches the same physical localions. Spacial cars must be taken while collecting samples or layered matetials, to enable Iha analysis lo disc,im the several matrices prnsenl Such condilions should be described in detail on lhe Sample Noles form fortha analyst. Location of Confirmed, Assumed, or Unffied Sam le Area/Homo eneous Material New ACM within Buildin

plaster wall and ceiling


Ceiling Height #1 I I #2

Square Feet of Celllng Materials

Square Feet of Wall Materials


Linear Feet of TS! Square Feet of Structural Steel Coatings (including over-spray)





Total number of samples collected I 3

l=I ===3=l



NO

Samples Collectoo by I EMET

NSam

bple 173-KH-4d1, 173-KH-4d2, 173-KH-4d3 um ers

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EMET

Not Applicable


Material Type

Vfslble

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Air Movement

Damage Condition

Reachable

Ventilation If Yes I - . I

Proximity to Repair Iiams

c=-.:..

I I

PHOTOGRAPH

Potent/al Damage

Water Damage

Friable

Activity


1304173-KH Page 58




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I 173-KH-4D I plaster wall and ceiling I �------�

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Sample % Des cription of Sample Location Number Asbestos Sampled Mater i al




In spector's Name Signature

Date Sample s Collected


EMET Services, Inc, 94-520 Uke'e Street, Sui te A Waipahu, HI 96797 Phone(808}671-8383 Fax(808)671�7979

1304173-KH Page 59


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EMET ID Building Number and Name Inspection Date 1304173

..__ _____ __. ,_J _ _ K_H __ �I ______ K_a_a _hu_m�a_n _u�H_a_le _____ �I I 07/06/2013

Sample Area/Lot Number and Name Document Number 173-KH-4E 2' x 4' white pinhole acoustical ceiling tile Unified Sample


173-KH-4E

A Sample Area should conlain material of one, and only one, campos/Uon or malrlx, An exceplion cen be made in lhe case of layered applications of

malerfals, such as occurs wilh a Three Coal Plaster system, that generally matches the same physical locations. Special care must ba taken wh/!e co/lecllng samples of layered materials, lo enable Iha analysis to discern !he several matrices presenl. Such conditions should be described in detail on the Sample Notes form far the analyst. Location of Confirmed, Assumed, or Unified Sam le Area/Homo eneous Material New ACM within Buildin



Ceiling Height #1 ._I ___ __.] #2 I

�, ===: Square Feet of Ceiling Materials Square Feet of Wall Materials

Not Appllcable




Square Feet of Floor Surface I 1=· ===='9 Barriers Ventilation lfYes Friable LinearFeet ofTSI I ii,-------, l�_

-_----'--j __ _,j c::=J __ _,

Square Feet of Structural Steel ICoatings (including over-spray) Square Feet of Other ACM I Linear Feet of Other ACM I

l======l Total square and/or llnear feet of ACM: I





NSam

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um em

Samples Analyzed by

Number of Salient DBS!gnatlona

NO I

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EMET


Hems

PHOTOGRAPH

Activity

EMET Services, Inc. • 94-520 Uke�e Street, Suite A • Waipahu, Hawaii 96797 Phone: (808) 671-8383 • FAX; (808) 671-7979

1304173-KH Page 61




I KH / Kaahumanu Hale

'I . _ 1304173 �S_am_

p_le

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Sample % Description of Sample LocationNumber Asbestos Sampled Material





173-KH-4e3 0 2' x 4' while pinhole acoustical ceiling




�L-� Stephen Kaneshiro 07/06/2013

EMET Services, Inc. 94-520 Uke'e Street. Suite A Waipahu, HI 96797 Phone (808) 671-8383 Fax (808) 671-7979

1304173-KH Page 62


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'--------' �I __ K_H __ �i ______ K_a _ah_u_m_ a_n_u_H_a_le _ ____ ____,i I 07/06/2013 Sample Area/Lot Number and Name

Document Number 173-KH-2RA(L 1) white built-up roofing system (coating layer) Unified Sample


173-KH-2RA(L 1)

A Sample Area should conlain malarial of one, and only one, composillon or malrlx. An excepllon can be made in the case of layered applications of materials, such as occurs wilh a Three Coat Plaster system, Iha! generally matches Iha same physical localions. Special care mus! be laken wh'1!e collecling samples of layered matertals, to enable !he analysis to discern !he several malnces present. Such conditions should be described in detail on the Sample Notes form for the analyst. Location of Confinned, Assumed, or Unified Sam le Area/Homo eneous Material New ACM within Bulldin

white built-up roofing system (coating layer)


Ceiling Height #1 I I #2 I :=====�

Square Feet of Ceiling Materials I �======l

Square Feet of Wall Materials I i======l

Square Feet of Floor Surface Linear Feet ofTSI

Square Feet of Structural Steel Coatings oncluding over-spray)

Square Feet of Oth er ACM







NO l EMET I

Sample 173-KH•2Ra(L1)1, 173-KH-2Ra(L1)2, 173-KH-2Ra Numbers (L1)3

Samples Analyzed by

Number of Salkmt Designations

EMET

Not Applicable




Barner,, Venlilat1on If Yes Friable -- I I I I


Activity

r===��s

PHOTOGRAPH

EMET Services, Inc. • 94-520 Uke'e Street, Suite A O Waipahu, Hawaii 96797 Phone; (808} 671-8383 • FAX: (808) 671M7979

1304173-KH Page 66




I KH I Kaahumanu Hate ' I 1304173 ._S_a_m_p_

le

_

A_re_a/

_

L_o_t _

N_u_m..,_be

_

r_a_n

_d

_N_a_m_e _____________ ____, ._ __________.

173-KH-2RA(L 1) white built-up roofing system (coating layer}


173-KH-2Ra(L 1)1 0 white built-up roofing system (coating See Sketch 173-KH-2R layer)

173-KH-2Ra(L 1)2 0 while built-up roofing system (coating See Sketch 173-KH-2R layer)

173-KH-2Ra(L 1 )3 0 white built-up roofing system (coating

See Sketch 173-KH-2R layer)

Insp ector's Name Signature



EMET Services, Inc. 94-520 Uke'e Street, Suite A Waipahu, HI 96797 Phone (808) 671--8383 Fax (808) 671#7979

1304173-KH Page 67


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EMET ID Building Number and Name Inspection Date �I __ 1_3_0_41_7_3_� �I __ K_H __ �I ______ K_a_a _hu_m_a_n_u_H_a_le _____ �I I 07/06/2013

Sample Area/Lot Number and Name Document Number 173-KH-2RA(L2} white built-up roofing system (capsheet layer) Unified Sample


173-KH-2RA(L2)

A Sampls Area should contain material of one, and only one, composition or mahix. An exception can be made in the case of layered applicallons or materials, such as occurs wl!h a Three Coal Plaster syslam, that generally matches the same physical locallons, Special care must be laken while collecting samples of layered maleria!s, to enable the analysis lo discern Iha several matrices present. Such conditions should be described in detail on !ha Sample Noles form for Iha analyst Location of Confinned, Assumed, or

Unified Sam le Area/Homo eneous Material New ACM within Buildin

white built-up roofing system (capsheet layer)


Celling Heig ht #1 I I #2 :======:


linear Feet ofTSI Square Feet of Structural Steel Coatings (Including over-spray)






NO

31

Samptas Collected by EMET I Sample 173-KH-2Ra(L2)1, 173-KH-2Ra(L2)2, 173-KH-2Ra

Numbers {L2)3

Samples Analyzed by


EMET

Not Applicable



Visible Reachable Waler Damage

Barriers Ventilatjon If Yes Friable I .. I I 1


Actlvity !tams

PHOTOGRAPH

EMET Services, Inc. • 94-520 Uke 'e Street, Suite A • Walpahu, Hawaii 96797 Phone: (808) 671-8383 • FAX: (808) 671-7979

1304173-KH Page 69



Buil ding N umber an d Name EMETID

I �H I Kaahumanu Hale

11 _ _ 1304173 �S_a _m_p

-le

-A-re_a/

_L_o _t _N _u_m�be-r-.a-n _d_

N_a_m_e _____________ �

,_ ______ ___.

173-KH-2RA(L2) white built-up roofing system (capsheet layer)

Sample % Description of Sample Location Number Asbestos Sam pled Material

173-KH-2Ra(L2)1 0 white built-up roofing system (capsheet






Inspector's Name S ignature



EMET Services, Inc. 94-520 Uke'e Street, S uite A Waipahu, HI 96797 Phone (808) 671-8383 Fax (808) 671�7979

1304173-KH Page 70


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EMETID Building Number and Name Inspection Date 1304173 .._I _--'-K""H'-_-'-l _____ ....c.Kcc:a:.::a'"'"hu:c;cm'"'"a"'n'""u--'-H-'Ca=le'-____ __,I I 07/06/2013

�------


Document Number

173-KH-2RA(L3) white built-up roofing system (roofing layer) Unified SampleArea Number


173-KH-2RA(L3)

A Sample Area should contain material of one, and only one, composition or matrix, An exc;ip!lon can be mads in Iha case of layered applications of materials, such as occurs with a Three Coal Plasler system, lhal generally matches Iha same physical locations, Special care must be taken while collecling samples of layered materials, to enable Iha analysis lo discern !he several matrices present. Such conditions should be described in detail on the Sample Noles form for lhe analyst. Location of Confinned, Assumed, or Unified Sam le Area/Hom eneous Material New ACM within Buildin

white built-up roofing system (roofing fayer)


Ceiling Height #1 �j ____ I #2 I I

Not Applicable



Visible Reachable Water Damage Square Feet of Ceiling Materials c===i

Square Feet of Wall Materials c===i Square Feet of Floor Surface j 11�---

Barriers Ventilation If Yes Friable Linear Feat of TS!



Linear Feet of Other ACM I ::======:

Total square and/or linear feet of ACM: I SAMPLE ANALYSIS SUMMARY SECTION





NO I

EMET I Sample 173-KH-2Ra(L3)1, 173-KH-2Ra(L3)2, 173-KH-2Ra

Numbers (L3)3

Samples Analyzed by

Number of Salfent Designations

EMET

I - . I I I


Activity Items --==:J

PHOTOGRAPH


1304173-KH Page 72




I �H J Kaahurnanu Hale

11 _ _ 1304173 �S_a

_m

_p

_le-A

-re_a/_L_o

t_N_u_m�b-e_r_a_n_d_N_a_m_e _____________ � ,_

___

___ �

173-KH-2RA(L3) white built-up roofing system (roofing layer)


173-KH-2Ra(L3)1 0 while built-up roofing system (roofing

See Sketch 173-KH-ZR layer)

173-KH·2Ra(L3)2 0 white built-up roofing system (roofing


173-KH-2Ra(L3)3 0 white built-up roofing system (roofing See Sketch 173-KH-ZR

layer)



�'l,_�Stephen Kaneshiro 07/06/2013

EMET Services, Inc. 94-520 Uke'e Streiit, Suite A Waipahu, HI 96797 Phone (808) 671-8383 Fax (808} 671-7979

1304173-KH Page 73


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EMET 10 Building Number and Name Inspection Date ,__j __ 1_3_0_4_17_3 _ _____. �I __ K_H __ �l ______ K_a_a _hu_m_ a_n_u _H_a_le _____ �l I 07/06/2013


Number i73-KH-2RA(L3) white built-up roofing system (roofing layer) Unified Sample Area Number

Drawing/Sketch Number and Name 173-KH-2RA(L3)

A Sample Area should contain material or one, and only one, composition or matrix. An exception can be made in lhe case or layered applicalions of materials, such as occurs with a Three Coat Plaster system, lhal generally matches the same physical locations. Special care must be taken while collecting samµles of layered malerials, to enable the analysis lo discern !he several matrices present. Such conditions should be described in detail on the Sample Notes form for (he analyst. Location of Confinned, Assumed, or

Unified Sam le Area/Hom eneous Material New ACM within Buildin

white built-up roofing system (roofing layer) Not Applicable


Material Type Ceiling Heig ht #1 ._I ___ __,I #2 I

::::I ===:::::w---� Square Feet of Ceiling Materials Square Feet of Wall Materials Visible

Barriers Square Feet of Floor Surface!

� =====l Linear Feet ofTSI I "�----�

Square Feet of Structural Steel I Coatings (Including over-spray) Square Feel of Other ACM I Linear Feet of Other ACM I

l======l Total square and/or linear feet of ACM: I





NO

EMET

Sample 173-KH-2Ra(L3)1, 173-KH-2Ra(L3)2, 173-KH-2Ra Numbers (L3)3

Samples Analyzed by

Number of Sallent Doslgnatfons

EMET

Air Movement

Damage Condition Poten!ial Damage


VenfilaUon If Yes Friable

I -- I I I I Proximity lo Repair

Activity Items c=--

PHOTOGRAPH

EMET Services, Inc. • 94-520 Uke 'e Street, Suite A • Waipahu, Hawaii 96797 Phone: (808) 671--8383 • FAX: (808) 671-7979

13 04173-KH Page 75



Bui lding Number and Name EMETID

I KH I Kaahumanu Hale

11 · . 1304173 ,_S_a

_m_p-le

-A-re _a/_L

_o_t _N _u_m..1,.be_r _a_n_d _N_a_m_e _____________ ___,

L--------'

173-KH-2RA(L3) white built-up roofing system (roofing layer)

Sample % Descri pt ion of Sample Location Number Asbestos Sampled Material

173-KH-2Ra(L3)1 0 white built-up roofing system (roofing






Insp ecto r's Name Signature


�'L-�·� Stephen Kaneshiro 07/06/2013

EMET S ervices, Inc, 94-520 Uke'e Street, Sui te A Waipahu, HI 96797 Phone (808) 671-8383 Fax (808) 671-7979

1304173-KH Page 76


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duct

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orse

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t by

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P or

any

oth

er a

genc

y of

the

U.S

. Gov

ernm

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'Lab

orat

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test

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rt re

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nterp

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is re

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ibility

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iber

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rmed

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er m

ater

ials

whe

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defin

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as a

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EM

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ID

13

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173

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1304173 �-----�

Document Number


Building Number and Name Inspection Date ._I ---'-'K�H __ j'---------'K..:.:a

:.:::a

c.chu

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:.::.u-=-Hc::a

.:..::le ____ _____,I I 07/0612013


173-KH-2RA(L4) white built-up roofing system {underlay layer)



173-KH-2RA(L4)

A Sample Area should contain matertal of one, and only one, composition or matrix. An exceplion can be made in Iha case of layered appficalions of materials, such as occurs wllh a Three Coal Plaster system, Iha! generally matches the same physlcal locations. Spacial care must be taken while collecllng samples of layered materials, to enable the analys'1s lo discern the several matrices present Such conditions should be described in detail on Iha Sample Noles form for Iha analyst. Location of Confirmed, Assumed, or Unified Sam le Area/Homo eneous Material New ACM within Buildin

white built-up roofing system (underlay layer)


Ceiling Height #1 I I #2 I :=====�

Square Feet of Ceiling Materials j l======l


Linear Feet ofTSl Square Feet of Structural Steel Coatings (Including over-spray)







NO

EMET

Sample 173-KH-2Ra(L4)1, 173--KH-2Ra[L4)2, 173--KH--2Ra Numbers L4)3

Samples Analyzed by


EMET

Not Applicable


Material Type

Visible

Barriers

Air Movement

Damage Condition

Reachable

Ventilation If Yes I " - I

Proximity to Repair Items

I

I I

PHOTOGRAPH

Potential Damage

Water Damage

Friable

Activity

EMET Services, Inc. • 94-520 Uke'e Street, Suite A • Waipahu, Hawaii 96797 Phone: (808) 671-8383 • F� {808) 671�7979

1304173-KH Page 78


I


Bui l ding Numbar an d N am e EMETID

I �H / Kaahumanu Hale '

I - - 1304173 ,_S_a_m _p

-le

_A

_r_ea/_L_o_

t _N _u _m..1.b_e_r_a_n _d_ N_ a_ m_ e _____________ __, �-------173-KH-2RA(L4) white built-up roofing system (underlay layer)

Sample % Des cription of Sample Locati on N u mber Asbestos Samp led Materi al

173-KH-2Ra(L4)1 0 white built-up roofing system (underlay

See Sketch 173-KH-2R layer}


See Sketch 173-KH-2R layer}

173-KH-2Ra(L4)3 0 white built-up roo/Jng system (underlay See Sketch 173-KH-2R

layer)

In spector's N ame Si gnature

Date S amples Col lected

Stephen Kaneshiro 0710612013

EMET Services, Inc. 94-520 Uke'e Street. Sui te A Walpahu, HI 96797 Phone (808) 671-8383 Fax (808) 671�7979

1304173-KH Page 79


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ulu

, H

I 9

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ple/

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ogen

eous

Are

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A(L4

)An

alys

is Da

te:

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esto

s Fi

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Ap

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na

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port

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: N

on-fi

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sbes

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e )

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nts

Com

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Lab

ID

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�le

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Col

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hom

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e !l;t P

rese

nt

Are

a%

Are

a%

Are

a%

173

-03

7

173

-KH

-2R

a(L

4)1

ye

llow

Ye

s No

misc

, par

t

<1

10

0

173

-03

8

173

-KH

-2R

a(L

4)2

ye

llow

Y

es

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m

isc.

part.

<1

10

0

173

-039

17

3-K

H-2

Ra

(L4)3

ye

llow

Ye

s N

o

misc

. part

.

<1

10

0

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em

dlt8d

by

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Na

tio

na

l Vo

lun

tary La

borato

iy A

cc

red

itatio

n P

rog

ram

(NVl.AP) fo

rthe

sc

op

e s

pec

ific

un

de

r La

b C

od

e 1

018

07

-0.

*Lab

orat

ory

test

repo

rt m

ay n

ot b

e us

ed to

cla

im p

rodu

ct e

ndor

sem

ent b

y NVLA

P or

any

oth

er a

genc

y of

the

U.S

. Gov

ernm

ent

*Lab

orat

ory

test

repo

rt re

late

s on

ly to

Item

s te

sted.

•s

ampl

es a

naly

zed

as re

ceiv

ed b

y th

e la

bora

tory

, int

erpr

etat

ion

is re

spon

sibi

lity

of th

e cl

ient

. 'A

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ge a

ppro

xim

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-pe

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ed b

y vi

sual

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ervat

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. •T

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liabl

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r ana

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tile

or o

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eria

ls w

hen

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e is

less

than

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mic

rons

and

/or b

elow

det

ectio

n lim

it (a

ppr.

1%)

of c

urre

nt P

LM te

chni

ques

N

ote:

EPA

, OSH

A, a

nd H

iOS

H de

fine

"asb

esto

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ning

mat

eria

l' as

any

mat

erial

or p

rodu

ct w

hich

conta

ns m

ore

than

one

perc

ent a

sbes

tos.

Th

is r

ep

ort

ma

y n

ot

be

rep

rod

uce

d e

xce

pt

In f

ull a

nd

wit

h t

he

penn

lss

lon

of

EM

ET

.

com

men

ts (!J/. I

/A--.

7/11

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3]

EM

ET

Se

rvices

, In

c.

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A, W

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u,

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wa

ii 96

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ho

ne:

(80

8)

67

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: (8

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ID

13

04

173

P

ag

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0


EMET ID Building Number and Name Inspection Date ...___1_30_4_1_73_�1 I KH I Kaahumanu Hale I 1 01,os,2013

Sample Area/Lot Number and Name Document Number 173-KH·2RA(L5) white built-up roofing system (underlay layer) Unified Sample


173-KH-2RA(L5)

A Sample Area should contain material of one, and only one, composl!ion or mallix. An exception cen be made in the case of layered appUcations of matenals, such as occurs with a Three Coal Plaster system, 1hat generally matches the same physical locations. Special care must be taken wh�e collecting samples of layered materials, lo enable Iha analysis lo discern the several matrices presenL Such conditions should be described in detail on Iha Sample Noles form for the analysL Location of Confirmed, Assumed, or Unified Sam le Area/Homo eneous Material New ACM within Buildin

while built-up roofing system (underlay layer} Not Applicable


Ceiling Height #1 .._! ___ ___,! #2 I::====� 1�_;.;.;__......c..'--'--'-�

Square Feet of Ceiling Mater·1als I Material Type Damage Condition Potential Damage


1�===l

Linear Feet ofTSI l

!::::,==�

Visible

Barriers


VenlilaUon If Yes Friable - - I I I .-· ___ ]

Proximity lo Repair Square Feet of Structural Steel Coatings (including over-spray)

Square Feel of Other ACM I

11�----

� �----� �----� Air Movement Activity llams

Linear Feet of Other ACM I l======I

Total square and/or nnear feet of ACM: I





NO I EMET I

Sample 173--KH-2Ra(L5)1, 173-KH·2Ra(L5)2, 173-KH-2Ra Numbers L5)3

Samples Analyzed by


EMET

PHOTOGRAPH

EMET Services, Inc. • 94-520 Uke'e Street, Suite A • Waipahu, Hawaii 96797 Phone: (808) 671--8383 • FAX: (808) 671�7979

1304173-KH Page 81




. [ 1304173 I KH ! Kaahumanu Hale

11

,_S

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_a_m_e _____________ ___,

,_ ___

___ ___, 173-KH-2RA(L5) white built-up roofing system (underlay layer)

Sample % Description of Sample Location Number Asb&stos Samp le d Material







Inspec tor's Name Signature

Date Samples Collec ted

1¾1--�� Stephen Kaneshiro 07/06/2013

EMET Services, Inc. 94--520 Uke'e S tree t, Suite A Waipahu, HI 96797 Phone (808) 671-8383 Fax (808) 671M7979

1304173-KH Page 82


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onol

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9681

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I 96

813

A

ppro

ved

Sig

nato

ry:

[sam

ple/

Hom

ogen

eous

Are

a: 1

73-K

H-2R

A(L5

) An

alysis

Dat

e:

7/11

/201

3 Re

port

Date

: A

sbes

tos

Fibr

ous

Non-

fibro

us

Asbe

stos

(T

ype )

C

ompo

nent

s Co

mpo

nent

s La

b ID

Sa

m1:l

elD

C

olor

ho

m2ll

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!:z: P

rese

nt

Area

%

Area

%

Area%

17

3--04

0

173

-KH

-2R

a(l

5)1

brow

n

Yes

N

o

misc

. pa

rt.

<1

10

0

173

-041

173

·KH

-2R

a(L

5)2

br

own

Ye

s

No

mis

c. p

art

.

<1

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173

-042

17

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Ra

{L5

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ory

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ay n

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im p

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ent b

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ncy

of th

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S. G

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abor

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rt re

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s re

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, int

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spon

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-perf

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visu

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not

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ble

for a

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is o

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or o

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ls w

hen

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size

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as a

ny m

ater

ial o

r pro

duct

whi

ch c

on ta

ns m

ore th

an o

ne p

erce

nt a

sbes

tos.

T

his

rep

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may

no

t be

rep

rod

uc

ed

ex

cep

t In

ful

l an

d wi

th th

e p

erm

iss

ion

of

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ET

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rvic

es

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c.

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ka'e

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, Wa

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, H

awa

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967

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on

e:

(808)

67

1-83

83

FA

X:

(80

8)

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17

979

EM

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ID 1

3041

73

Pag

e 83

EMET!D


Building Number and Name Inspection Date 1304173 .__i -----'--K=--H'-----_-'--l _____ ..;..K""a"'"ahc.:.:uc:cm;.;.,;a;;.;..n"'u...;..H""'a""'le'-----____ ....,j I 07/06/2013

Sample Area/Lot Number and Name Document Number

I 173-KH-2RB I dark gray patch/sealant I Unified Sample Area Number

�

D

-

ra

_

w

_

i

_

ng

_/

_

S

-

ke

_

t

_ch

�N

-

u

_

m

_

b

_

er

_

a

_

n

_

d

_

N_a

_

m

_

e

__________ �I '�------� I 173-KH-2R I 173-KH-2R . �

173-KH-ZRB

A Sample Area should contain malarial of one, and only one, composi!ion or matrix. An exception can be made In the case of layered applications of materials, such as occurs with a Three Coal P/as1ar system, lhal generally malches Iha same physical localions. Special care must be taken while collecftng samples of layered maleJials, to enable lha analysis to discern the several malrices present. Such conditions should be described in detail on the Sample Notes form for the analysl. Location of Confinned, Assumed, or Unified Sam le Area/Homo eneous Material New ACM within Buildin

dark gray patch/sealant


Ceiling Height #1 �' ___ __.I #2

�' =====: Square Feet of Ceiling Materials I

:=====�

Square Feet of Wall Materials I I

See Sketch 173-KH-2R

found at all roof penetrations on the 2nd floor Mauka Wing roof


Material Type Damage Condition Potenfial Damage

Miscellaneous I I Nona I / Moderale I Visible Reachable Water Damage

More than 10% II Wilhin reach ii None

Barriers If Yes Friable Square Feet of Floor Surface

� Linear Feet ofTS! 11�-----None

Ventilation

I I No I I I No I Catego[J'. I .. � -��--

Square Feet of Structural Steel I I Coatings {including over-spray) Square Feet of Other ACM I ±32 , ,.,. ____ _ Air Movement

High

Linear Feet of Other ACM C=.===J Total square and/or II near feet of ACM: �





YES I EMET I

NSam

bple 173-KH-2Rb1, 173-KH-2Rb2, 173-KH-2Rb3

um ars

Samples Analyzed by

Number of Salient Doalgnatlons

EMET

Proximity to Repair Act1v1ty Items

I I Less than 1 ft. 11 Low

PHOTOGRAPH

EMET Services, Inc. • 94--520 Uke'e Street, Suite A • Waipahu, Hawaii 96797 Phone: (808) 671-8383 • FAX: (808) 671�7979

1304173-KH Page 84




,_S_a_m _p_ la_A_re_ al_L_ot_N_u

_m�b

-e_r_a_n_d_

N_ a_ m_e_____________ � 1304173 I KH I Kaahumanu Hale

11

'-I __ 1_7_3_-K_H_-_2_R_B ___.._l _____ d_ a_r_k_g_ra_y_p_a_tc_h_ls_e_a _1a_nt ____ ___.l �------�

Sample % Descrip tion of Sample Location Number AsbDStos Sampled Material

173-KH-2Rb1 3 dark gray patch/sealant See Sketch 173-KH-2R






EMET Services, Inc. 94-520 Uke'e Street, Suite A Waipahu, HI 96797 Phone (808) 671-8383 Fax (808} 671-7979

1304173-KH Page 85


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Sig

nato

ry:

[ sam

ple/

Hom

ogen

eous

Are

a:

173-

KH-2

RB

Anal

ysis

Date

: 7/

11/2

013

Rep

ort D

ate:

A

sbes

tos

Fibr

ous

Non

-fibr

ous

Asb

esto

s (T

ype)

C

ompo

nent

s C

ompo

nent

s La

b ID

S

amel

e ID

C

olor

ho

moii

ene�

Pr

esen

t A

rea%

Ar

ea%

A

rea%

17

3-043

173-K

H-2R

b1

dark

gra

y Y

es

Yes

ch

rysol

ile

cellu

lose

mis

c. pa

rt.

3 7

9

0

173--044

17

3•KH

•2R

b2

dari<

gra

y Y

es

Yes

chry

solil

e ce

llulo

se

misc

.part.

5

5 90

17

3-045

173-

KH-2

Rb3

da

rk g

ray

Yes

Y

es

chry

solile

ce

llulos

e m

isc. pa

rt.

3

2

95

.. Ac

cm

dlte

d b

y th

e N

atio

nal V

olu

ntary

Lab

orato

ry A

cc

red

itatio

n P

rogra

m (N

\ILAP) fu

r th

e s

co

pe

sp

ec

ific

un

de

r La

b C

od

e 1

018

07

-0.

•Lab

orat

ory

test

repo

rt m

ay n

ot b

e us

ed to

cla

im p

rodu

ct e

ndor

sem

ent b

y N

VLA

P or

any

oth

er a

ge11c

y of

the

U.S.

Gov

ernm

ent

•Lab

orat

ory

test

repo

rt re

late

s on

ly to

item

s te

sted

. •s

ampl

es a

naly

zed

as re

ceiv

ed b

y th

e la

bora

tory

, int

erpre

tatio

n is

res

pons

ibilit

y of

the

clie

nt

'Asbe

stos

fibe

r per

centa

ge a

ppro

xim

ate

-pe

rform

ed b

y vi

sual

obs

erva

tion

only

. 'T

his

met

hod

is n

ot re

liabl

e fo

r ana

lysi

s of

tile

or o

ther

mat

eria

ls w

hen

fiber s

ize

is le

ss th

an 1

O m

icro

ns a

nd/o

r bel

ow d

etec

tion

limit

(app

r. 1 %

) of

cur

rent

PLM

tech

niqu

es

Not

e: E

PA

, OS

HA

, and

HiO

SH

defin

e "a

sbes

tos-co

ntai

ning

mat

eria

l" as

any

mat

erial

or p

rodu

ct w

hich

con

tans

mor

e th

an o

ne p

erce

nt a

sbes

tos.

Th

is re

po

rt m

ay

no

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ep

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08)

671

7979

EM

ET

ID 1

30

417

3

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ge

86


EMET ID Building Number and Name Inspection Date

�1_1_3_04_1_73_�11 KH I Kaahumanu Hale I 1 011oa12013

Sample Area/Loi Number and Name

Document Number

I 173-KH-2RC I black patch/sealant Unified Sample Area Number


173-KH-2RC

A Sample Area should contain material or one, and only one, composition or matrix. An excaplion can be made In the case of layered appllcal!ons of materials, such as occurs wilh a Three Coal Plaster system, Iha! generally matches Iha same physical localions. Special care must be taken while collecting samples or layered materials, lo enable !he analysis lo discern the several matrices present Such condilions should be described in detail on Iha Sample Noles form forlhe analyst. Location of Confinned, Assumed, or Unified Sam le Area/Homo eneous Material New ACM within Buildin

black patch/sealant


Ceiling Height #1 I I #2 I :====::::

Square Feet of Ceiling Materials I Square Feet of Wall Materials


Linear Feet of TS! Square Feet of Structural Steel Coatings {Including over-spray)




�=====l




IS ASBESTOS.CONTAINING MATERJAL PRESENT?

samples Collected by

NO I EMET I

NSa��le 173-KH-2Rc1, 173-KH-2Rc2, 173-KH-2Rc3 umuvrs

Samples Analyzed by


EMET

Not Applicable


Material Type

Visible

Barriers

Damage Cond!!lon

Reachable

Ventilation If Yes I - - I

Proximity lo Repair Air Movement Items

Potential Damage

Waler Damage

Friable

11

Activity �-----·-_·-�1 �I ___ ._._==7_� �----�

PHOTOGRAPH


1304173-KH Page 87



Buil ding Number an d Name EMETID

�S_a_m_

p-le_Are __ al_L

_o

_t_N _u_m_,be

_r_a

_n

_d

_N

_a_m_

e ____________ � 1304173

I KH I Kaahumanu Hale '

I .... I __ 1_7_3_-K_H_-_2_R_c _ __.l ______ b_la_c_k_p_at_c_hl_s_ea_1_an_t _____ __.l �-------'


173-KH-2Rc1 0 black patch/sealant See Sketch i73-KH-2R

i73-KH-2Rc2 0 black patch/sealant See Sketch 173-KH-2R

173-KH-2Rc3 0 black patch/sealant See Sketch 173-KH-2R

Inspector's Name S ign ature



EMET Service s, In c. 94-520 Uke 'e Street, Suite A Waipahu, HI 96797 Phone (808) 671-8383 Fax {808) 671-7979

1304173-KH Page 88


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ize

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73

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EMETID Building Number and Name Inspection Date I 1304173 ,___! __ K ___ H�-�I ______ K�a .... a_hu�m_ a_n _u _H_a _le _____ �I I 07/06/2013


Number / 173-KH-2RD I gray caulking Unified Sample Area Number

Drawing/Sketch Number and Name 173-KH-2RD

A Sample Area should contain malarial of one, and only one, composition or matrix. An excepl!on can be made In the case of layered appllcatlons of materials, such as occurs with a Three Coal Plaster system, that generally matches Iha same physical locations. Special care must be laken while collecting samples of layered materials, lo enable Iha analysis to discern Iha several matrices present Such condilions should be described ln detail on the Sample Noles fonn for the analyst. Location of Confirmed, Assumed, or

Unified Sam le Area/Homo eneous Material New ACM within Buildin

gray caulking


Ceiling Helght#1I ----�' #2 :,:I

====1Square Feet of Celllng Materials [

I=====!Square Feet of Wall Materials �I ====

=I Square Feet of Floor Surface I

/:::=====

�Linear Feet ofTSI I

Square Feet of Structural Steel Coatings {including over-spray)


::=1====:

Total square and/or linear feet of ACM: I





NO

EMET

NSample 173-KH-2Rd1, 173-KH-2Rd2, 173-KH-2Rd3umbers

Samples Analyzed by


EMET

Not Applicable


Material Type Damage Condillon Potential Damage


Barners Ventilation If Yes Friable

I - . I I!


Activity i!QOJS

PHOTOGRAPH

EMET Services, Inc. • 94-520 Uke'e Street; Suite A • Waipahu, Hawaii 96797 Phone: (808) 671-8383 • FAX: (808) 671-7979

1304173-KH Page 90



Bu il di ng Number and Name EMETID

1304173 / KH I Kaahumanu H ale '

I �S_a_m

_p-le_A_re_a/_L_o_t

_N

_u

_m

�ba-r_

a_n

_d_N_a_m

_e ____________ �

._I __ 1_7_3_-K_H_-_2_R_D _ __.l _______ g_ra_y_c_a_u_lk_in_g ______ ___,[ �------�

Sample % Des cription of Sampl e Location Number Asbestos Sampled Material

173-KH-2Rd1 0 gray caulking See Sketch 173-KH-2R



Insp ector's Name Signatu re

Dat e Samples Collected

�L-�� Stephen Kaneshiro 07/06/2013

EMET Servi ces, Inc. 94-520 Uke' e Street, Suite A Waipahu, HI 96797 Phone (808) 671-8383 Fax (808) 671-7979

1304173-KH Page 91


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100

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05

0

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ndor

sem

ent b

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AP o

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er a

genc

y of

the

U.S.

Gov

ernm

ent

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st re

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tes

only

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ms t

este

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e la

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, inte

rpre

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n is

resp

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bility

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e cl

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r perc

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xim

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EMET ID Building Number and Name �1_1_3_04_1_73_�1! KH j Kaahumanu Hale

Sample Area/Loi Number and Name Document Number I 173--KH-2RE I beige expansion joint


Inspection Date 1 1 011oe1201s


173-KH-2RE

A Sample Area should con!ain malarial of one, and only one. composition or malrlx, An exception can be made ln !he case of layered appllcaUons of materials, such as occurs with a Three Coal Plaster system, that generaly matches the same physics! locations. Spec'lal care must be taken while collecting samples of layered malerials, to enable lhe analysis to discern Iha several malrices presenl. Such condilions should be described in detail on !he Sample Notes form for the analysL Location of Confinned, Assumed, or Unified Sam le Area/Homo eneous Material New ACM within Buildin



Ceiling Height #1 I I #2 I ::====l


Linear Feet of TSI Square Feet of Structural Steel Coatings (including over-spray)




Total number of samples collected 3

Total number of samples analyzed 3

IS ASBESTOS-CONTAINING NO MATERIAL PRESENT?

Sampl&S Collected by EMET

NSam

bple 173-KH-2Re1, 173-KH-2Re2, 173-KH-2Re3

um ors

Samples Analyzed by


EMET

Not Appltcable


Material Type Damage Condition Potentlal Damage


Barriers Ventilation If Yes Friable

I - · I I I

Alr Movement Proximity to Repair

Activity Hems

PHOTOGRAPH


1304173-KH Page 93

Asbestos and Lead Paint Survey Report 01718 -104



I �H I Kaahumanu Hale

11 _ . 1304173 ._S

_a

_m _p

_re

-A

-r e_al

_L_o

_t

_N

_u

_m

_,_be_r

_a

_n

_d

_N

_a_ m_e ____________ __,

'---------1I 173-KH-2RE I beige expansion joint I Sample % Description of Sample Location Number Asbestos Sampled Material

173-KH-2Re1 0 beige expansion joint See Sketch 173-KH-2R

173-KH-2Re2 0 beige expansion joint See Sketch 173-KH-2R

173-KH-2Re3 0 beige expansion Joint See Sketch 173-KH-2R

Inspec tor's Name Signature

Date Samples Col lected

�1-�� Stephen Kaneshiro 07/06/2013

EMET Services. Inc. 94-520 Uke'e S treet, Suite A Walpahu, HI 96797 Phone (808) 671-8383 Fax (808) 671-7979

1304173-KH Page 94

Asbestos and Lead Paint Survey Report01718 - 105

)>

(/)

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(/)

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9681

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777

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chbo

wl S

treet

H

onol

ulu,

HI

9681

3

App

rove

d S

igna

tory

:

[sam

ple/H

omog

eneo

us A

rea:

173

-KH-

2RE

Anal

ysis

Date

: 7/

11/2

013

Rep

ort D

ate:

A

sbes

tos

Fib

rous

N

on-fi

brou

s A

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(Typ

e )

Com

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17

3-0

52

17

3-K

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Re

1

beig

e

Yes

No

m

isc.

par

t.

<1

10

0

17

3--05

3

17

3-K

H-2

Re

2

beig

e Ye

s N

o

misc

. part

.

<1

10

0

17

3-0

54

17

3•K

H-2

Re3

b

eig

e

Yes

No

mis

c. p

art.

<1

100

*Ac

cred

ited

by th

e N

atlo

m1

J Vo

lun

tary

Lab

orato

ry A

ccre

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ram {NVLAP

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the

sc

ope

sp

ec

ific

un

de

r La

b C

od

e 1

01

80

7--0

.

•Lab

orato

ry te

st re

port

may

not

be

used

to c

laim

pro

duct

end

orsem

ent b

y NV

LAP

or a

ny o

ther

age

ncy

of th

e U

.S. G

overn

men

t •L

abor

atory

test

repo

rt re

late

s on

ly to

item

s te

sted

. •s

ampl

es a

naly

zed

as re

ceiv

ed b

y th

e la

bora

tory

, inte

rpre

tatio

n is

resp

onsi

bilit

y of

the

clie

nt

*Asb

esto

s fib

er p

erce

ntage

app

roxi

mat

e-pe

rform

ed b

y vi

sual

obs

erva

tion

only

. *T

his

met

hod

is no

t rel

iabl

e fo

r ana

lysi

s of

tile

or o

ther

mat

eria

ls w

hen

fiber

siz

e is

less

than

1 O

mic

rons

and

/or b

elow

det

ectio

n lim

it (a

ppr.

1 %)

of c

urre

nt P

LM te

chni

ques

N

ote:

EPA

, OS

HA

, and

HiO

SH

define

"asb

esto

s-co

ntain

ing

mat

eria

l" as

any

mat

eria

l or p

rodu

ct w

hich

con

tans

mor

e th

an o

ne p

ercen

t asb

esto

s.

Th

is re

po

rt m

ay n

ot

be

rep

rod

uc

ed

ex

cep

t in

fu

ll a

nd

with

th

e p

enn

lss

lon

of

EM

ET

.

com

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Appendix B

Asbestos Survey Sample Locations Sketch

Kaahumanu Hale Roof and Lanai Upgrades and Improvements, DAGS 12-21-7491

Asbestos and lead Survey EMET: 1304173

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Appendix C

Lead Survey Report

Kaahumanu Hale


EMET: 1304173

EnvironMETco (l:Mlff) Services, Inc. Wai[>iu Gen!ry Business l'nrk 94-520 Ukc'c S!rcet, Suite A Waipi!rtll, Hawaii, USA 96797-4200 (S08) 67l-8383 ... 1clcphone (608) 671-7979 ... r,mimik•


:�, ---�MET "': ,,.,, .

Laboratory Report Painted Surfaces Total Elemental Lead Analyses

by X-Ray Fluorescence EMET ID: 1304173 Test Date: 07/06/2013

Kaahumanu Hale Roofs and Lanais Upgrade and Improvements

DAGS Job No. 12-21-7491 Lead-

Lead-based contalning XRF# Location Comeonent Substrate Condition Color PbC (mgfcm') Paint? Paint? 721 Calibration 0.90 ± 0.10 722 Calibration 1.00 ± 0.10 723 Calibration 1.00 ± 0.10 724 Terrace 2 wall plaster Intact tan 0,00 ± 0.02 no yes

725 Terrace 2 ceiling plaster intact white 0.00 ± 0.02 no yes 726 Terrace 2 wall concrete Intact off white 0.00 ± 0,02 no yes 727 Terrace 1 terrace floor concrete Intact while 0.00 ± 0.02 no yes 728 Terrace 1 wall concrete intact white 0.00 ± 0.02 no yes 729 Terrace 1 wall concrete Intact beige 0.00 ± O.Q2 no yes 730 2nd Floor Roof wall concrete intact beige 0.00 ± 0.02 no yes 731 2nd Floor Roof door frame metal fair brown 0.00 ± 0.02 no yes 732 2nd Floor Roof door metal fair brown 0.00 ± 0.02 no yes 733 NULL 734 4th Floor Lanai column concrete Intact cream 0.00 ± 0.02 no yes 735 4th Floor Lanai wall plaster intact cream 0.00 ± 0.02 no yes 736 4th Floor Lanai planter concrete intact cream 0.50 ± 0.40 no yes 737 4th Floor Lanai floor concrete peeling tan 0.00 ± 0.02 no yes 736 4th Floor Lanai ceiling plastic intact cream 0.00 ± 0.02 no yes 739 3rd Floor Lanai column concrete intact cream 0.00 ± 0.02 no yes 740 NULL 741 3rd Floor Lanai wall concrete intact cream 0.00 ± 0.02 no yes 742 3rd Floor Lanai planter concrete intact cream 0.02 ± 0.70 no yes 743 3rd Floor Lanai floor concrete intact tan 0.00 ± 0.02 no yes 744 3rd Floor Lanai ceiling plaster intact white 0.00 ± 0.02 no yes 745 NULL 746 Calibration 1.00 ± 0.10 747 Calibration 0.90 ± 0.10 746 Calibration 0.90 ± 0.10

Determination of paint as lead-based paint by the U. s. Department of Housing and Urban Development (HUD) is based on the values in the 'Pbc• column reported in mg/cm2 {milligrams per square centimeter). HUD regulations; 24 CFR Parts 35, 200, 881, and 886; and Guidelines for lhe Evaluation and Control of Lead-based Paint {LBP) Hazards in Housing, dated June 1995, define LBP as paint with a lead content of 1.0 mglcm2 or greater.

However, OSHA and HIOSH regulate activities disturbing paint that contains lead (lead-contain'1ng paint), even it the content is below the HUD standard.

Serial #7798, Source Date 2/2011 Page 1 of 1

Envirnni\·tETel) {Ei\·1ETl s�•1 vtn:s, Inc \V,1ipk1 CL•n!ry Bu:;inL:!:�� P.11 k 9-1-520 UkL•'(' ShL•1_•t, �1tiifc: 1\ W,1ip;ilrn, 1-l.1w,di, US:\ 9670/ .. ,[!.!l() (fitlH) {}71-?iJH.i ... TdL'phPtK' (t;D�) (i7l-'?979, .. F.:h·t;imil�•

Asbestos and Lead Paint Survey Report

01718-114

Appendix D

Certifications

Kaahumanu Hale


EMET: 1304173

EnvironMETeo (EMET) Services, Inc. Waipiu Gentry Business Park 94-520 Ukc'e Strcc!, Suite A Waipahu, Hawaii, USA 96797-4200 (S08) 67!-S3SL.1ckph,me (608) 671•7979 ... F.,csimile


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End of Report

(This page intentionally left blank.)


Project Identifier: OPM 22-1-0500 Closeout Procedures 01770 - 1

SECTION 01770 - CLOSEOUT PROCEDURES

PART 1 - GENERAL

1.01 SUMMARY A. This Section includes administrative and procedural requirements for contract closeout,

including the following: 1. Project Record Documents.

2. Operation and Maintenance Manuals.

3. Warranties.

4. Instruction for the State’s personnel.

1.02 SUBSTANTIAL COMPLETION A. Preliminary Procedures: Before requesting a Final Inspection to determine Substantial

Completion, complete the following items in addition to requirements of Article 7 of the GENERAL CONDITIONS. 1. Advise the Contracting Officer of pending insurance changeover requirements.

2. Submit specific warranties, final certifications, and similar documents.

3. Obtain and submit occupancy permits, operating certificates, and similar releases and

access to services and utilities, unless waived by the Contracting Officer.

4. Arrange to deliver tools, spare parts, extra materials, and similar items to a location designated by the Contracting Officer. Label with manufacturer’s name and model number where applicable.

5. Make final changeover of permanent locks and deliver keys to the Contracting Officer.

Advise the State’s personnel of changeover in security provisions.

6. Complete startup testing of systems.

7. Submit test, adjust, and balance records.

8. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements.

9. Advise the Contracting Officer of changeover in other utilities.

10. Submit changeover information related to the Judiciary’s occupancy, use, operation,

and maintenance.

11. Complete final cleaning requirements, including touch up painting.

12. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects.

13. Submit the O&M Manual(s) for review.


14. Submit Field-Posted As-Builts electronically to Judiciary’s designated Project

Coordinator.

1.03 FINAL COMPLETION A. Preliminary Procedures: Within 10 days from the Project Acceptance Date, complete the

following items in addition to requirements of GENERAL CONDITIONS Article 7 PROSECUTION AND PROGRESS: 1. Instruct the State’s personnel in operation, adjustment, and maintenance of products,

equipment, and systems. Submit demonstration and training media materials.

1.04 LIST OF INCOMPLETE ITEMS (PUNCH LIST) A. Preparation: Submit 2 copies of any updated and action taken list. In addition to

requirements of GENERAL CONDITIONS Article 7 PROSECUTION AND PROGRESS, include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction. 1. Organize list of spaces in sequential order, starting with exterior areas first and

proceeding from lowest floor to highest floor.

2. Organize items applying to each space by major element, including categories for ceiling, individual walls, floors, equipment, and building systems.

3. Include the following information at the top of each page:

a. Project Name and Title. b. Judiciary Project Identifier. c. Date and page number. d. Name of Contractor.

1.05 PROJECT RECORD DOCUMENTS AND REQUIREMENTS A. General:

1. Definition: “Project Record Documents”, including Record Drawings, shall fulfill the requirements of “Field-Posted As-Built Drawings” listed in the GENERAL CONDITIONS.

2. Do not use Project Record Documents for daily construction purposes. Protect Project

Record Documents from deterioration and loss. Provide access to Project Record Documents for Contracting Officer’s reference during normal working hours. Maintain these documents as specified in paragraph entitled “Record Drawings” hereinafter.

3. The Designer, under contract with the State, will update the drawings to show all

addendum, PCD, and sketch changes. The Contracting Officer will transmit these drawings to the Contractor who will make all “red-line” corrections to these drawings to record the changes depicted on the Contractor’s Field Posted Record (“As-Builts”) by accepted drafting practices as approved by the Contracting Officer.

4. Where the recorded changes depicted on the Contractor’s Field Posted Record (“As-

Builts”) are in the form of shop drawings, the Contractor shall provide those shop drawings electronically on the same sheet size as the drawings transmitted to the Contractor. The new drawing sheets shall be titled and numbered to conform to the construction drawings and clearly indicate what information they supersede in the


actual construction drawings. For example a new drawing that replaces drawing M-3, could be numbered M3a.

5. The Contractor shall bring to the attention of the Contracting Officer any discrepancy

between the changes made by the Designer and those depicted on addendum, PCD, and sketch changes. The Contracting Officer will resolve any conflicts.

6. Submit final Record Documents (Field Posted Record Drawings) before the Final

Inspection Date and no later than the Contract Completion Date, unless the GENERAL CONDITIONS require otherwise.

7. The Contractor shall guarantee the accuracy of its final Record Documents. The State

will hold the Contractor liable for costs the State incurs as a result of inaccuracies in the Contractor’s Record Documents.

8. Prepare and submit [construction photographs and electronic files], damage or

settlement surveys, property surveys, and similar final record information as required by the Contracting Officer.

9. Deliver tools, spare parts, extra materials, and similar items to a location designated

by the Contracting Officer. Label with manufacturer’s name and model number where applicable.

10. Submit pest-control final inspection report and warranty.

11. Submit Final, corrected O&M Manual(s).

B. Record Drawings:

1. Maintain a duplicate full-size set as the Field Posted Record (“As-Builts”) Drawings at the job site. Clearly and accurately record all deviations from alignments, elevations and dimensions, which are stipulated on the drawings and for changes directed by the Contracting Officer that deviate from the drawings.

2. Record changes immediately after they are constructed in place and where applicable,

refer to the authorizing document (Field Order, Change Order, or Contract Modification). Use red pencil to record changes. Make Field Posted Record Drawings available to the Contracting Officer at any time so that its clarity and accuracy can be monitored and can be countersigned for validity. a. Give particular attention to information on concealed elements that cannot be

readily identified and recorded later. b. Accurately record information in an understandable drawing technique. c. Record data as soon as possible after obtaining it. Record and check the markup

before enclosing concealed installations. d. Mark the contract drawings or the shop drawings, whichever is most capable of

showing actual physical conditions, completely and accurately. Where Shop Drawings are marked, show cross-reference on contract drawings.


e. Mark important additional information that was either shown schematically or omitted from original Drawings.

f. Locate concealed building utilities by dimension from bench marks or permanent

structures. Locate site utilities by dimensions, azimuth and lengths from bench marks or permanent structures.

g. Note field order numbers, Change Order numbers, Contract Modification numbers,

Alternate numbers, post-construction drawing numbers (PCD) and similar identification (RFI numbers) where applicable.

h. The Contractor shall initial each deviation and each revision marking.

3. Use the final updated Contract Drawing set (including all addenda, PCD, and

sketches) plus applicable shop drawings for making the final Field Posted Record Drawings submittal.

4. Certify drawing accuracy and completeness. Label and sign the record drawings or

use digital electronic signature as approved by the Contracting Officer.

5. Label the title sheet and on all sheets in the margin space to the right of the sheet number, written from the bottom upward, with the title “FIELD POSTED RECORD DRAWINGS” and certification information as shown below. Provide a signature line and company name line for each subcontractor that will also certify the respective drawing. Adjust size to fit margin space.

FIELD POSTED Certified By: Date: ________ RECORD DRAWINGS [Contractor’s Company Name]

6. Revise the Drawing Index and label the set “FIELD POSTED RECORD DRAWINGS”.

Include the label “A COMPLETE SET CONTAINS [_____] SHEETS” in the margin at the bottom right corner of each sheet. Quantify the total number of sheets comprising the set.

7. If the Contracting Officer determines a drawing does not accurately record a deviation

or omits relevant information, the State will correct any FIELD POSTED RECORD DRAWINGS sheet. Contractor will be charged for the State’s cost to correct the error or omission.

8. Use the final Field Posted Record Drawings sheets and create one electronic version

of the set. The set shall be recorded in Adobe Acrobat PDF (Portable Document Format). Create a single indexed, bookmarked PDF file of the entire set of drawings and record to disk for transmittal to Contracting Officer.

1.06 WARRANTIES A. Submittal Time: Submit written manufacturer’s warranties at request of the Contracting

Officer for designated portions of the Work where commencement of warranties other than Project Acceptance date is indicated.


B. Partial Occupancy: Submit properly executed manufacturer’s warranties within 45 days of completion of designated portions of the Work that are completed and occupied or used by the State during construction period by separate agreement with Contractor.

C. Organize manufacturer’s warranty documents into an orderly sequence based on the table

of contents of the Specifications. 1. Bind warranties and bonds in heavy-duty, 3-ring, vinyl-covered, loose-leaf binders,

thickness as necessary to accommodate contents, and sized to receive 8-1/2 inch x 11-inch paper.

2. Provide heavy paper dividers with plastic-covered tabs for each separate warranty.

Mark tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product and the name, address, and telephone number of Installer and prime contractor.

3. Identify each binder on the front and spine with the typed or printed title

“WARRANTIES”, Project Name and Title, DAGS Job Number, and name of Contractor.

4. Use the final submittal of the warranties to create an electronic Adobe Acrobat PDF

(Portable Document Format) version of the bound warranty documents files. Each sheet shall be separately scanned, at 600 DPI or better into a PDF file, indexed, and uploaded electronically per SECTION 1322 – WEB BASED CONSTRUCTION MANAGEMENT.

1.07 OPERATION AND MAINTENANCE MANUALS A. Assemble complete set of operation and maintenance data indicating the operation and

maintenance of each system, subsystem, and piece of equipment not part of a system. Include operation and maintenance data required in individual Specification Sections and as follows: 1. Operation Data:

a. Emergency instructions and procedures.

b. System, subsystem, and equipment descriptions, including operating standards.

c. Operating procedures, including startup, shutdown, seasonal, and weekend operations.

d. Description of controls and sequence of operations.

e. Piping diagrams.

2. Maintenance Data:

a. Manufacturer’s information, Material Safety Data Sheets, and a list of spare parts.

b. Name, address, and telephone number of installer or supplier.

c. Maintenance procedures.

d. Maintenance and service schedules for preventive and routine maintenance.


e. Maintenance record forms.

f. Sources of spare parts and maintenance materials.

g. Copies of maintenance service agreements.

h. Copies of warranties and bonds.

B. Use the following 3 paragraph headings, “Notes, Cautions and Warnings”, to emphasize important and critical instructions and procedures. Place the words “Notes”, “Cautions”, or “Warnings” immediately before the applicable instructions or procedures. Notes, Cautions and Warnings are defined as follows: 1. Note: highlights an essential operating or maintenance procedure, condition or

statement.

2. Caution: highlights an operating or maintenance procedure, practice, condition or statement which if not strictly observed, could result in damage to or destruction of equipment, loss of designed effectiveness, or health hazards to personnel.

3. Warning: highlights an operating or maintenance procedure, practice, condition, or

statement that if not strictly observed, could result in injury to or death of personnel.

C. Organize the Operation and Maintenance Manuals into suitable sets of manageable size. Bind and index data in heavy-duty, “D” type 3-ring, vinyl-covered, loose-leaf binders, in thickness necessary to accommodate contents, with pocket inside the covers to receive folded oversized sheets. Binder color shall be maroon, or if not available red. Identify each binder on front and spine with the printed title “OPERATION AND MAINTENANCE MANUAL”, Project Name and Title include building number when appropriate, Judiciary Project Identifier, Prepared For: The Judiciary – State of Hawaiʻi, Prepared By: [Contractor] and Volume Number. Each binder is a single volume.

D. Electronic Format

1. Provide all information (narratives, drawings and manual) in electronic PDF format and record to disc. Provide Compact Disc (CD) or DVD. Provide drawings and plans prepared for the O&M Manuals drawn electronically and saved as a PDF file. Name and index the files for ease of identification and updates.

2. Provide the complete O&M Manual using Adobe Acrobat PDF (Portable Document

Format) files. Each sheet shall be separately scanned into a PDF file, indexed, bookmarked, hyperlinked to the table of contents and recorded to disc. Scanned documents shall be scanned at 600 DPI or better. Indexes and bookmarks may be highlighted or colored text.

E. Pre-Final Submittal: Submit 1 printed set of Final Operation and Maintenance Manual, for

review by the Contracting Officer, at least 5 days prior to scheduled final inspection. Manuals shall be marked as Pre-Final. 1. Make any correction noted before submitting the final Operation and Maintenance

Manuals.


2. The set will be returned with comments. Additional review comments may include problems discovered during the O&M Manual’s review, site validation, and facility start up and will be provided to the Contractor after facility Project Acceptance Date.

F. Final Submittal: Use the final submittal of the manuals to create the electronic PDF file

version of the bound Operation and Maintenance Manuals documents. Include the Submittal (100 percent) review comments along with a response to each item. Final printed manual and any disks shall be marked as Final and sent to the Contracting Officer.

PART 2 - PRODUCTS

2.01 MATERIALS A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or

fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces.

PART 3 - EXECUTION

3.01 DEMONSTRATION AND TRAINING A. Instruction: Instruct the State’s personnel to adjust, operate, and maintain systems,

subsystems, and equipment not part of a system. 1. Provide instructors experienced in operation and maintenance procedures.

2. Provide instruction at mutually accepted times.

3. Schedule training with the State’s users, through the Contracting Officer with at least

7 days advanced notice.

4. Coordinate instructors, including providing notification of dates, times, length of instruction, and course content.

B. Program Structure: Develop an instruction program that includes individual training

modules for each system and equipment not part of a system, as required by individual Specification Sections. For each training module, develop a learning objective and teaching outline. Include instruction for the following: 1. System design and operational philosophy.

2. Review of documentation.

3. Operations.

4. Adjustments.

5. Troubleshooting.

6. Maintenance.

7. Repair.


3.02 FINAL [PROGRESSIVE] CLEANING A. General: Provide final cleaning. In addition to requirements of Article 7 of the GENERAL

CONDITIONS conduct cleaning and waste-removal operations to comply with local laws and ordinances and federal and local environmental and antipollution regulations.

B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean

each surface or unit to condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturers written instructions unless noted otherwise. Complete the following cleaning operations before requesting final inspection: 1. Clean Project site, yard, and grounds, in areas disturbed by construction activities,

including landscape development areas, of rubbish, waste material, litter, and other foreign substances.

2. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other

foreign deposits resulting from construction activities.

3. Rake grounds that are neither planted nor paved to a smooth, even-textured surface.

4. Remove tools, construction equipment, machinery, and surplus material from Project site.

5. Clean exposed exterior and interior hard-surfaced finishes to a dirt-free condition, free

of stains, films, and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition.

6. Remove debris and surface dust from limited access spaces, including: roofs,

plenums, shafts, trenches, equipment vaults, manholes, attics, and similar spaces.

7. Sweep concrete floors broom clean in unoccupied spaces.

8. Vacuum carpet and similar soft surfaces, removing debris and excess nap; shampoo if visible soil or stains remain.

9. Clean transparent materials, including mirrors and glass in doors and windows.

Remove glazing compounds and other noticeable, vision-obscuring materials. Replace chipped or broken glass and other damaged transparent materials. Polish mirrors and glass surfaces, taking care not to scratch surfaces.

10. Carpet Cleaning: Steam clean and shampoo existing and new carpet. Contractor

shall submit its proposed cleaning products for review and approval. a. Schedule cleaning operations not more than one week prior to final inspection.

Limit floor traffic on cleaned floors until acceptance.

11. Floor Cleaning and Waxing: Prepare the floor tiles and remove wax finish. Apply 2 coats of sealer and 4 coats of wax to the floor and polish to smooth shiny finish per floor sealer and wax manufacturer’s requirements. Use one of these 3 sealer products; Betco Floor Sealer, Hillyard Seal 341 Sealer, or SC Johnsons Over and Under Sealer and any one of these 3 wax products; Betco Hybrid 25, Hillyard North Star, or SC Johnsons Vectra. Contractor shall submit its proposed sealer and wax products for review and approval.


a. Schedule preparation and waxing operations not more than one week prior to final inspection. Limit floor traffic on waxed floors until acceptance.

12. Remove labels that are not permanent.

13. Touch up and otherwise repair and restore marred, exposed finishes and surfaces.

Replace finishes and surfaces that cannot be satisfactorily repaired or restored or that already show evidence of repair or restoration. a. Do not paint over “UL” and similar labels, including mechanical and electrical

nameplates.

14. Wipe surfaces of mechanical and electrical equipment, and similar equipment. Remove excess lubrication, paint and mortar droppings, and other foreign substances.

15. Replace parts subject to unusual operating conditions.

16. Clean plumbing fixtures to a sanitary condition, free of stains, including stains resulting

from water exposure.

17. Replace disposable air filters and clean permanent air filters. Clean the exposed surfaces of diffusers, registers, and grills.

18. Clean ducts, blowers, and coils if units were operated without filters during

construction.

19. Clean light fixtures, lamps, globes, and reflectors to function with full efficiency. Replace burned-out bulbs, and those noticeably dimmed by hours of use, and defective and noisy starters in fluorescent and mercury vapor fixtures to comply with requirements for new fixtures.

20. Leave Project clean and ready for occupancy.

C. Pest Control: Engage an experienced, licensed exterminator to make a final inspection

and rid Project of rodents, insects, and other pests. Prepare a report.

D. Comply with safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials on the State’s property. Do not discharge volatile, harmful, or dangerous materials into drainage and sewer systems or onto State property. Remove waste materials from Project site and dispose of lawfully.

END OF SECTION

Project Identifier: OPM 22-1-0500 Selective Demolition 02070 - 1

SECTION 02070 - SELECTIVE DEMOLITION

PART 1 - GENERAL

1.01 SECTION INCLUDES A. Demolition and removal of selected portions of a building or structure.

B. Demolition and removal of selected site elements.

C. Repair procedures for selective demolition operations.

1.02 DEFINITIONS A. Remove: Detach items from existing construction and legally dispose of them off-site,

unless otherwise indicated.

B. Remove and Salvage: Detach items from existing construction and deliver them to the DAGS, suitable for re-use where indicated.

C. Remove and Reinstall: Detach items from existing construction, prepare them for reuse in

the Work, and reinstall them where indicated.

D. Existing to Remain: Existing items of construction that are not to be removed and that are not otherwise indicated to be removed, removed and salvaged, or removed and reinstalled.

1.03 MATERIALS OWNERSHIP A. Except for items or materials indicated to be reused, salvaged, reinstalled, or otherwise

indicated to remain State property, demolished materials shall become Contractor's property and shall be removed from Project site.

1.04 SUBMITTALS A. Temporary Roofing: Include Product Data and description of temporary roofing system

and tie-ins to existing and new roofing system.

B. Qualification Data: For firms and persons specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include lists of completed projects with project names and addresses, names and addresses of Architects and Owners, and other information specified.

C. Proposed dust-control and noise-control Measures: Submit statement or drawing that

indicates the measures proposed for use, proposed locations, and proposed time frame for their operation. 1. Identify options if proposed measures are later determined to be inadequate.

D. Schedule of Selective Demolition Activities: Indicate the following:

1. Detailed sequence of selective demolition and removal work, with starting and ending dates for each activity.

2. Interruption of utility services.

3. Coordination for shutoff, capping, and continuation of utility services.


4. Construction and use of temporary elevators.

5. Locations of temporary partitions, if required, and means of egress.

6. Coordination of continuing occupancy of existing building and occupancy of completed

Work. E. Predemolition Photographs or Videotape: Show existing conditions of adjoining

construction and site improvements, including finish surfaces that might be misconstrued as damage caused by selective demolition operations. Submit before Work begins.

F. Landfill Records: Indicate receipt and acceptance of hazardous wastes by a landfill facility

licensed to accept hazardous wastes.

1.05 QUALITY ASSURANCE A. Demolition Firm Qualifications: An experienced firm that has specialized in demolition

work similar in material and extent to that indicated for this Project.

B. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction.

C. Standards: Comply with ANSI A10.6 and NFPA 241.

D. Predemolition Conference: Review methods and procedures related to selective

demolition including, but not limited to, the following: 1. Inspect and discuss condition of construction to be selectively demolished.

2. Review structural load limitations of existing structure.

3. Review and finalize selective demolition schedule and verify availability of materials,

demolition personnel, equipment, and facilities needed to make progress and avoid delays.

4. Review requirements of work performed by other trades that rely on substrates

exposed by selective demolition operations.

1.06 REGULATORY REQUIREMENTS A. Comply with authorities having jurisdiction over selective demolition operations, including:

1. Hawaii Occupational Safety and Health Administration

2. Department of Transportation (DOT)

3. Department of Health Services (OOHS)

4. Environmental Protection Agency (EPA)

5. Hawaii Contractors State License Board

1.07 PROJECT CONDITIONS A. DAGS will occupy portions of building immediately adjacent to selective demolition area.


1. Conduct selective demolition so DAGS's operations will not be disrupted.

2. Provide not less than 72 hours' notice to DAGS of activities that will affect DAGS's operations.

3. Maintain access to existing walkways, corridors, and other adjacent occupied or used

facilities.

B. DAGS assumes no responsibility for condition of areas to be selectively demolished.

C. Conditions existing at time of inspection for bidding purpose will be maintained by DAGS as far as practical.

D. Storage or sale of removed items or materials on-site will not be permitted.

E. Utility Service: Maintain existing utilities and protect them against damage during selective

demolition operations.

F. Weather Limitations: Proceed with roofing removal preparation only when existing and forecasted weather conditions permit Work to proceed without water entering existing roofing system or building.

1.08 SEQUENCING A Coordinate the sequencing of roofing demolition work with roofing system applicator to

ensure that the roofing replacement will promptly follow demolition work.

B. Provide and install temporary protection during the period between demolition and replacement work.

C. Take steps necessary to ensure that the building is watertight at the end of each days

work and when inclement weather is forecast. 1. Failure to adequately protect the building and its contents from weather will result in

the DAGS installing temporary protection at the Contractor's expense.

1.09 WARRANTY A. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or

damaged during selective demolition using methods and materials that do not void existing warranties.

PART 2 - PRODUCTS

2.01 TEMPORARY ROOFING MATERIALS A. General: Temporary roofing preparation materials recommended by roofing system

manufacturer for intended use and compatible with components of membrane roofing system.

B. Base Sheet Fasteners: Capped head, factory-coated steel fasteners, listed in FM

Approval's "Approval Guide."

2.02 REPAIR MATERIALS A. Use repair materials identical to existing materials.


1. If identical materials are unavailable or cannot be used for exposed surfaces, use materials that visually match existing adjacent surfaces to the fullest extent possible.

2. Use a material whose installed performance equals or surpasses that of existing

materials.

B. Comply with material and installation requirements specified in individual Specification Sections.

PART 3 - EXECUTION

3.01 EXAMINATION A. Visit the project to survey existing conditions and correlate with Contract Document

requirements indicated to determine extent of selective demolition required. 1. Perform visual survey accompanied by DAGS Contracting Officer.

2. Mark interface surfaces as required to enable workmen to identify items scheduled for

demolition and those scheduled to remain.

B. Inventory and record the condition of items to be removed and reinstalled.

C. When unanticipated mechanical, electrical, or structural elements that conflict with intended function or design are encountered, investigate and measure the nature and extent of conflict. Promptly submit a written report to DAGS Construction Administrator and Architect.

D. Engage a professional engineer to survey the condition of the building to determine

whether removing any element might result in structural deficiency or unplanned collapse of any portion of structure or adjacent structures during selective demolition operations.

E. Perform surveys as the Work progresses to detect hazards resulting from selective

demolition activities.

3.02 UTILITY SERVICES A. Existing Utilities: Maintain services and protect them against damage during selective


B. Do not interrupt existing utilities serving occupied or operating facilities unless authorized in writing by DAGS and authorities having jurisdiction.

C. Provide temporary services during interruptions to existing utilities, as acceptable to DAGS

and to authorities having jurisdiction. 1. Provide at least 72 hours' notice to DAGS if shutdown of service is required during

changeover.

D. Utility Requirements: Do not start selective demolition work until utility protection has been completed and verified in writing.


3.03 PREPARATION A. Coordinate with DAGS to shut down air-intake equipment in the vicinity of the Work. Cover

air-intake louvers before proceeding with roofing removal work that could affect indoor air quality or activate smoke detectors in the ductwork.

B. Maintain roof drains in functioning condition to ensure roof drainage at end of each

workday. Prevent debris from entering or blocking roof drains and conductors. Use roof-drain plugs specifically designed for this purpose. Remove roof-drain plugs at end of each workday, when no work is taking place, or when rain is forecast.

C. Verify that rooftop utilities and service piping have been shut off before beginning the

Work.

D. Dangerous Materials: Drain, purge, or otherwise remove, collect, and dispose of chemicals, gases, explosives, acids, flammables, or other dangerous materials before proceeding with selective demolition operations.

E. Site Access and Temporary Controls: Conduct selective demolition and debris- removal

operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities. 1. Do not close or obstruct streets, walks, walkways, or other adjacent occupied or used

facilities without permission from DAGS and authorities having jurisdiction.

2. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations.

3. Erect temporary protection, such as walks, fences, railings, canopies, and covered

passageways, where required by authorities having jurisdiction.

4. Protect existing site improvements, appurtenances, and landscaping to remain.

F. Temporary Facilities: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain. 1. Provide protection to ensure safe passage of people around selective demolition area

and to and from occupied portions of building.

2. Provide temporary weather protection, during interval between selective demolition of existing construction on exterior surfaces and new construction, to prevent water leakage and damage to structure and interior areas.

3. Protect walls, ceilings, floors, and other existing finish work that are to remain or that

are exposed during selective demolition operations.

4. Cover and protect furniture, furnishings, and equipment below selective demolition where applicable.

G. Temporary Enclosures: Provide temporary enclosures for protection of existing building

and construction, in progress and completed, from exposure, foul weather, other construction operations, and similar activities. 1. Provide temporary weathertight enclosure for building exterior.


2. Where heating or cooling is needed and permanent enclosure is not complete, provide insulated temporary enclosures. Coordinate enclosure with ventilating and material drying or curing requirements to avoid dangerous conditions and effects.

H. Temporary Partitions: Erect and maintain dustproof partitions and temporary enclosures

to limit dust and dirt migration and to separate areas from fumes and noise where indicated.

I. Protect building to have roofing removed, adjacent buildings, walkways, site

improvements, exterior plantings, and landscaping from damage or soiling from roofing removal operations.

3.04 POLLUTION CONTROLS A. Dust Control: Comply with State and applicable governing environmental protection

regulations.

B. Disposal: Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. 1. Remove debris from elevated portions of building by enclosed chute, hoist, or other

pre-approved device that will convey debris to grade level in a controlled descent.

3.05 SELECTIVE DEMOLITION A. General: Demolish and remove existing construction only to the extent required by new

construction and as indicated.

B. Contractor shall immediately report any ceiling space damage to DAGS.

C. Use methods required to complete the Work within limitations of governing regulations.

D. Neatly cut openings and holes plumb, square, and true to dimensions required.

E. Use cutting methods least likely to damage construction to remain or adjoining construction. 1. Use hand tools or small power tools designed for sawing or grinding, not hammering

and chopping, to minimize disturbance of adjacent surfaces.

2. Temporarily cover openings to remain.

3. Cut or drill from the exposed or finished side into concealed surfaces to avoid marring existing finished surfaces.

F. Do not use cutting torches until work area is cleared of flammable materials.

1. At concealed spaces, such as duct and pipe interiors, verify condition and contents of hidden space before starting flame-cutting operations.

2. Maintain fire watch and portable fire-suppression devices during flame-cutting

operations.

3. Maintain adequate ventilation when using cutting torches.


G. Remove decayed, vermin-infested, or otherwise dangerous or unsuitable materials and promptly dispose of off-site.

H. Locate selective demolition equipment and remove debris and materials so as not to

impose excessive loads on supporting walls, floors, or framing.

I. Dispose of demolished items and materials promptly.

J. Return elements of construction and surfaces that are to remain to condition existing before selective demolition operations began.

K. Existing Facilities: Comply with DAGS requirements for using and protecting elevators,

stairs, walkways, loading docks, building entries, and other building facilities during selective demolition operations.

L. Removed and Reinstalled Items: Comply with the following:

1. Clean and repair items to functional condition adequate for intended reuse.

2. Paint equipment where indicated.

3. Reinstall items in locations indicated.

4. Comply with installation requirements for new materials and equipment.

5. Provide connections, supports, and miscellaneous materials necessary to make item functional for use indicated.

M. Existing Items to Remain: Protect construction to remain against damage and soiling

during selective demolition. 1. When permitted by DAGS Construction Administrator, items may be removed to a

suitable, protected storage location during selective demolition and reinstalled in their original locations after selective demolition operations are complete.

N. Roofing: Remove no more existing roofing than can be covered in one day by new roofing.

3.06 ROOFING TEAR-OFF A General: Notify DAGS Construction Administrator each day of extent of roofing tear-

off proposed for that day and obtain authorization to proceed.

B. Roofing Tear-Off: Remove existing roofing membrane and other membrane roofing system components down to the deck. 1. Remove fasteners from deck.

3.07 DECK PREPARATION A Inspect deck after tear-off of membrane roofing system.

B. All rotted or deteriorated wood shall be removed and replaced. Deck type and attachment

shall conform to local code requirements. Fastener heads shall be recessed into the wood surface.


3.08 PATCHING AND REPAIRS A General: Promptly repair damage to adjacent construction caused by selective


B. Promptly replace items demolished that were not so scheduled to the satisfaction of DAGS.

3.09 DISPOSAL OF DEMOLISHED MATERIALS A General: Promptly dispose of demolished materials. Do not allow demolished

materials to accumulate on-site.

B. Burning: Do not burn demolished materials.

C. Disposal: Transport demolished materials off State property and legally dispose of them.

3.10 CLEANING A Return adjacent areas to condition existing before selective demolition operations began.

3.11 SELECTIVE DEMOLITION SCHEDULE A Existing Construction to Be Removed: Remove existing construction where indicated.

Remove existing construction as required to install the Work. 1. Existing construction as indicated and as needed to complete the Work.

2. Other construction where shown or noted on the Drawings and where specified in the

Project Manual.

B. Existing Items to Be Removed and Reinstalled: Items and/or construction requiring temporary removal and/or disconnection, modification, etc. to remain a part of the Work. 1. Existing construction as indicated and as needed to complete the Work.

2. Other construction where shown or noted on the Drawings and where specified in the

Project Manual

END OF SECTION

Project Identifier: OPM 22-1-0500 Polyurethane Membrane Waterproofing 07110-1

SECTION 07110- POLYURETHANE MEMBRANE WATERPROOFING

PART 1 - GENERAL

1.01 SUMMARY A This Section includes furnishing and installation of cold fluid-applied polyurethane

waterproofing over polymer-modified sloping course where indicated. Completed system shall include a complete fully reinforced cold fluid-applied polyurethane liquid resin waterproofing membrane and flashing system and all other ancillary waterproofing work as indicated.

1.02 SECTION INCLUDES A Adhered fully reinforced, cold fluid-applied, polyurethane liquid resin waterproofing

membrane system including membrane, penetration flashings, base flashings, and expansion joints.

B. Substrate preparation, cleaning, leveling and patching.

C. Priming.

D. Waterproofing membrane installation.

E. Flashing installation.

F. Finish where exposed.

1.03 REFERENCES A National Roofing Contractors Association (NRCA) Roofing and Waterproofing Manual

B. ACl-308 - Recommended Practice for Curing Concrete

C. ASTM - D638 - Test Methods for Tensile Properties of Plastics

D. ASTM - D4258 - Standard Practice for Surface Cleaning Concrete for Coatings

E. ASTM - D4259 - Standard Practice for Abrading Concrete

F. ASTM - D4541 - Method for Pull-Off Strength of Coatings using Portable Adhesion Tester

G. ASTM - E96(A) - Test Methods of Moisture Transmission of Material

H. ASTM E-108, ANSI/UL 790 for fire resistance

I. International Concrete Repair Institute Guideline 03732 Concrete Surface Preparation

1.04 PRE-INSTALLATION MEETING A. Convene a pre-installation meeting at the job site at least two working days prior to starting

roof and insulation system. Coordinate attendance of parties including but not limited to, DAGS Construction Administrator, Architect, DAGS's Representative, Waterproofing Contractor, Manufacturer's Representative and installers whose work interfaces with or affects the Work of this Section including installers of accessories. Review waterproofing


preparation and installation procedures, coordination and scheduling required with related work, and condition and structural loading limitations of deck/substrate.

1.05 SUBMITTAL$ A. Product Data: For each type of product indicated.

B. Samples: Submit product samples of membrane and flashing materials showing color,

texture, thickness and surfacing representative of the proposed system for review and approval by the DAGS's Representative.

C. Certificates: Submit evidence of similar installations to that of this Project.

D. Certificates: Submit documentation from the membrane Manufacturer stating Contractor

is an approved applicator for warranted installation.

E. Test Reports: Submit test reports indicating compliance with ANSI A118.10.

F. Sample Warranties: Copy of special roofing/waterproofing Manufacturer's and installer's warranty stating obligations, remedies, limitations and exclusions before starting roofing and waterproofing. Roofing may not proceed without Architect and DAGS Construction Administrator approved Manufacturer and installer warranties.

G. Shop Drawings: Show locations and extent of waterproofing. Show sloping plan indicating

slope percentages and arrows. Include details for substrate joints and cracks, sheet flashings, penetrations, inside and outside corners, tie-ins to adjoin waterproofing, expansion joints and other termination conditions.

1.06 QUALITY ASSURANCE A. Contractor shall note that not all conditions are provided for in contract document.

Contractor shall meet design intent and provide all necessary shop drawings and details for submission to DAGS Construction Administrator for review and approval. Contractor shall meet most conservative of industry standards.

B. Install over the course of a consecutive three day period starting Friday night and ending

Sunday night. Coordinate with DAGS Contracting Officer to determine appropriate weekend

C. Membrane Manufacturer: Company specializing in manufacturing fully reinforced cold

fluid applied liquid resin waterproofing membrane systems with a minimum of ten (10) years of documented applications in the United States. Membrane Manufacturer shall submit the following certifications for review: 1. Substrates and conditions are acceptable for purpose of providing specified warranty.

2. Materials supplied shall meet the specified requirements.

D. Applicator: Company specializing in performing the work of this section with minimum (5)

years' documented experience on similar projects. 1. Applicator shall be an approved applicator by the Manufacturer for the Work of this

Section and the specified warranty.


E. Evaluate moisture content of substrate materials. Contractor shall determine substrate moisture content throughout the Work and record with Daily Inspection Reports or other form of reporting acceptable to the DAGS Construction Administrator, Architect and Membrane Manufacturer.

F. Monitor quantities of installed materials. Monitor application of resin mixture, reinforcing

fleece and flashing. Perform Work in accordance with the Contract Documents and Manufacturer's instructions, more stringent to apply.

1.07 FIELD INSPECTION SERVICES A. Coordinate Manufacturer's technical representative's inspections of the membrane

application: 1. Job start inspection at the beginning of each phase of the project, to review special

detailing conditions and substrate preparation.

2. Periodic in-progress inspections throughout duration of the project, minimum one every week during waterproofing installation, to evaluate membrane and flashing application.

3. Final punch-list inspection at the completion of each phase of the project prior to

installation of any surfacing or overburden materials.

4. Warranty inspection to confirm completion of all punch list items, surfacing, and overburden application.

5. All necessary costs for inspection services shall be borne by the Contractor and

included in the base bid.

6. Contractor to submit copies of reports to the Architect and DAGS Construction Administrator within 5 business days of the site visit.

1.08 DELIVERY, STORAGE, AND PROTECTION A. Materials shall be stored in an area cool, dry, out of direct sunlight, and in accordance with

Manufacturer's recommendations and relevant regulatory agencies. Materials shall not be stored in quantities that will exceed design loads, damage substrate materials, hinder installation or drainage.

B. Store solvent-bearing solutions, resins, additives, inhibitors or adhesives in accordance

with the MSDS and/or local fire authority. After partial use of materials replace lids promptly and tightly to prevent contamination.

C. Roll goods shall be stored horizontally on platforms sufficiently elevated to prevent contact

with water and other contaminants. DO NOT use rolls that are wet, dirty or have damaged ends.

D. Waterproofing materials must be kept dry at all times. If stored outside, raise materials

above ground or roof level on pallets and cover with a canvas tarpaulin or other waterproof material. Plastic wrapping installed at the factory shall not be used as outside storage covers.


E. Follow Manufacturer's directions for protection of materials prior to and during installation. Do not use materials that have been damaged to the point that they will not perform as specified. Fleece reinforcing materials must be clean, dry and free of all contaminants.

1.09 ENVIRONMENTAL REQUIREMENTS A. Do not apply waterproofing membrane during or with the threat of inclement weather.

B. Application of cold fluid-applied reinforced polyurethane waterproofing membrane may

proceed while air temperature is between 40 degrees F and 85 degrees F providing the substrate is a minimum of 5 degrees F above the dew point.

C. When ambient temperatures are at or expected to fall below 50 degrees F, or reach 85

degrees F or higher, follow Membrane System Manufacturer's recommendations for weather related additives and application procedures.

D. Ensure that substrate materials are dry and free of contaminants. Do not commence with

the application unless substrate conditions are suitable. Contractor shall demonstrate that substrate conditions are suitable for the application of the materials.

1.10 COORDINATION AND PROTECTION A. Building components shall be protected adequately from soil, stains, or spills at all hoisting

points and areas of application. Contractor shall be responsible for preventing damage from any operation under its Contract. Any such damage shall be repaired at Contractor's expense to DAGS's satisfaction or be restored to original condition.

B. Protect finished waterproofing membrane from damage by other trades by the use of a

cushioning layer such as 1 inch thick expanded polystyrene insulation and an impact layer such as 1/2 inch thick exterior-grade plywood. Include this provision on preinstallation meeting agenda for discussion.

C. Do not allow waste products containing petroleum, grease, acid, solvents, vegetable or

mineral oil, animal oil, animal fat, etc. or direct steam venting to come into direct contact with the membrane unless approved by Manufacturer's chemical resistance chart.

1.11 WARRANTY A. Manufacturer's Premier Warranty: Provide 20 year Manufacturer's premier warranty under

provisions of this section. This warranty provides for cost of labor and materials for loss of watertightness, limited to amounts necessary to effect repairs necessitated by either defective material or defects in related installation workmanship, with no dollar limitation ("NOL").

B. Waterproofing Contractor's Warranty: Provide 5 year "Applicator Maintenance Warranty"

covering workmanship for all work of this section including installation of membrane, flashings, and waterproofing accessories.

C. Submit (2) executed copies of both the Manufacturer and applicator warranties for the

periods stipulated, starting from the date of substantial completion. Each warranty must be signed by an authorized representative of the issuing company.


PART 2 - PRODUCTS

2.01 MEMBRANE A. Membrane: Two-component, cold fluid-applied reinforced polyurethane waterproofing

membrane with a 360 degree needle punched non-woven 165 g/m2 polyester reinforcing fleece, for a finished dry film membrane thickness of .070 inch nominal per ply. Provide products manufactured and supplied by the following: 1. Kemper System America's Kemperol 2K-PUR resin for use in an adhered

waterproofing system.

2. Refer to Section 07113 "PMMA Membrane Waterproofing" for preapproved equal.

3. Approved equal.

B. Physical Properties:

Property Value Test Method Color Grav-Green - Physical state Cures to solid - Nominal thickness (165 fleece) 70 mils - Tensile strength c@ break 120 lb/in ASTM D-751 Elongation 50% ASTM D-751 TearinQ strength 5.0 lbs ASTM D-751 Puncture resistance 140 lbf FTMS 101-2031 Dimensional stability 0.1% ASTM D-1204 Water absorption 2.2% ASTM D-471 Surface hardness Shore A 85 ASTM D-2240 Water vapor transmission 0.04 perms ASTM E-96 UsaQe time* 30 minutes - Rainproof after* 2 hours - Solid to walk on after* 24 hours - Solid to drive on with air rubber tires after* 48 hours -

SurfacinQ to be applied between* 16-48 hours Overburden may be applied after 2 days - Completely hardened after 3 days - Crack spanning 2mm/0.08 inch - Resistance to temperatures up to (short term)

250°C/482°F -

*all times are approximate and depend upon air flow, humidity and temperature.

2.02 FLASHINGS A. Membrane Flashings: A composite of the same resin material as field membrane with 165

g/m2 fleece reinforcement.

2.03 SUBSTRATE PRIMER AND RESIN ADDITIVE A. Epoxy Primer: Two-component, solvent-free epoxy resin for use in improving adhesion of

membrane to wood and cementitious/masonry substrate surfaces, as provided by the following Manufacturer: 1. Kemper System America, lnc.'s Kempertec EP primer.


B. Cold Weather Additive: Additive specifically designed to accelerate the resin reaction time at ambient temperatures below 50 degrees F. Accelerator to be used with cream resin Component A prior to mixing of multi-component resin, as provided by the following Manufacturer: 1. Kemper System America lnc.'s Kemperol A 2K-PUR Accelerator.

2.04 SURFACINGS AND COATINGS A. Color Coating: Single-component, water-borne acrylic-based coating suitable for use as a

colored coating, as provided by the following Manufacturer: 1. Kemper System America, lnc.'s Kemperdur BSF-R Finish

2. Color: Grey.

2.05 SLOPING COURSE A. Sloping Course: Polymer modified Portland cement Mortar. Subject to compliance with

requirements, provide SikaTop 122 Plus or approved equal.

2.06 ACCESSORIES A. Application Tools, Accessories, and Cleaners: Supplied and/or approved by membrane

Manufacturer for product installation.

B. Solvent-Based Cleaner for Tools and Membrane Tie-Ins: Methyl Ethyl Ketone (MEK) or acetone.

C. Water-Based Cleaner for Membrane: Simple Green HD.

D. Sand: Kiln-dried silica sand.

E. Leveling and Patching Aggregate: Silica sand shall be washed, kiln-dried, and dust- free,

suitable for troweling or pourable self-leveling, round grain or angular with the following size specification: 1. For voids less than 1 inch in depth: #00 (0.3 - 0.6 mm)

2. For voids 1 inch to 2 inches in depth: #0 (0.5 - 1.2 mm)

3. Mixing Proportions shall be a ratio of resin to sand at 1:2 by volume for leveling, 1:4

by volume for patching, or as approved by membrane Manufacturer.

F. Backer Rod: Expanded, closed-cell polyethylene foam designed for use with cold- applied joint sealant.

PART 3 - EXECUTION

3.01 EXAMINATION A. Verify that surfaces and site conditions are ready to receive work.

B. Verify deck/substrate openings, curbs, and protrusions through deck/substrate are in

place and solidly set.

C. Verify deck/substrate is structurally supported, secure and sound.


3.02 PREPARATION OF SUBSTRATE A. General: Surfaces to be prepared as a substrate for the new waterproofing system as

follows: 1. The Contractor shall determine the condition of the existing substrate. All defects in

the deck or substrate shall be corrected before new waterproofing work commences. Areas of deteriorated substrate, porous or other affected materials must be removed and replaced with new to match existing.

2. Prepare flashing substrates as required for application of new waterproofing

membrane flashings.

3. Inspect substrates, and correct defects before application of new waterproofing. Fill all surface voids greater than 1/8 inch wide with an acceptable fill material.

4. Remove all ponded water, frost and/or ice from the work substrate prior to installing

new waterproofing materials.

5. The final substrate for waterproofing shall be clean, dry, free of loose, spalled or weak material including coatings, mineral aggregate, and flood coat/gravel surfacing, oil, grease, contaminants, abrupt changes in level, waterproofing agents, curing compounds, and free of projections which could damage membrane materials.

B. Structural Concrete:

1. New or existing concrete shall be free of oil, grease, curing compounds, loose particles, moss, algae growth, laitance, friable matter, dirt, bituminous products and previous waterproofing materials.

2. New or existing concrete shall be dry with a maximum moisture content of five (5)

percent. Determinations of moisture content shall be performed by the Contractor. Contractor shall be responsible to perform periodic evaluations of moisture content during the work. Moisture evaluation results shall be submitted in writing to the DAGS Construction Administrator, Architect and manufacturer for acceptance.

3. Where required, concrete shall be abrasively cleaned in accordance with ASTM

D4259 to provide a sound substrate free from laitance. Achieve an open concrete surface in accordance with ICRI surface profiles CSP 3-5. When using mechanical methods to remove existing waterproofing products or surface deterioration, the surface profile is not to exceed¼ inch (peak to valley).

4. Grind and smooth structural precast concrete panels to achieve a proper bonding

surface for membrane and sealant application

5. The substrate shall be sound and all spalls, voids and blow holes on vertical or horizontal surfaces must be repaired prior to placement of the primer coat. Spalls and other deterioration shall be·repaired in accordance with the requirements of the DAGS Construction Administrator, Architect and manufacturer.

6. Areas of minor surface deterioration of 0.25" (6 mm) or greater in depth shall be

repaired to prevent possible pooling of the liquid applied materials, leading to excessive usage of primer and resin.


7. Hollow-core panels, T-panels, and Twin-T panels shall have grouted joints between panels and shall be provided with mechanical securement from panel to panel.

8. For concrete materials with a compressive strength of less than 3,000 psi contact

Waterproofing Manufacturer's Technical Department for substrate preparation requirements.

C. Finish Leveling, Patching and Crack Preparation:

1. General: Epoxy primer/sand mix is the preferred material for all concrete and masonry substrate finish leveling, crack and wall/deck preparation and patching. Epoxy primer/sand patching mix provides a set time of approximately twelve (12) hours and does not require surface grinding. Kemperol primer/sand mix is typically applied in conjunction with general surface priming.

2. Concrete and Masonry Substrate Leveling & Patching: Substrate conditions are to be

evaluated by the Contractor, the DAGS Construction Administrator, Architect, and manufacturer. Perform leveling and patching operations as follows: a. Level uneven surfaces with a leveling mixture of primer and approved kiln- dried

silica sand in a 1:2 primer to sand ratio by volume. Spread and plane this compound with a squeegee and trowel to achieve a flat surface.

b. Fill cavities with a patching mixture of primer and approved kiln-dried sand in a

1:4 primer to sand ratio by volume.

c. Silica sand must be kept absolutely dry during storage and handling.

D. Any surface to be leveled or filled must first be primed with an appropriate primer.

3.03 SLOPING COURSE INSTALLATION A. Mix and install sloping course in accordance with Manufacturer's written instructions and

recommendations.

B. Ensure substrate is clean and dry in accordance with Manufacturer's instructions. Remove surface laitance from concrete surface to expose aggregate to obtain a surface profile of ICRI CSP 5 in accordance with ICRI 03732.

C. Mixing: Mechanically mix in an appropriate sized mortar mixer, or with a mud paddle and

drill at approximately 400-600 rpm. 1. Pour approximately 4/5 gallon of Component A into the mixing container. Add

Component B while continuing to mix. Mix to a uniform consistency for a maximum of three minutes.

2. Add remaining Component A to mix for desired consistency.

3. Mix only as much material as can be completely placed in 30 minutes.

4. Do not retemper material.

5. Should smaller quantities be desired, be sure that components are mixed in the

Manufacturer's recommended ratios and that Component B is uniformly blended before mixing the components together.


D. Placement: Prepare the substrate at the time of application to "saturated surface dry" with

no standing water. 1. Mortar must be scrubbed into the substrate, filling all pores and voids.

2. While the scrub coat is still plastic, force material against the edge of repair, working

toward the center of the area. a. If the repair area is too large to fill while the scrub coat is still wet, use the specified

epoxy resin/portland cement adhesive in lieu of the scrub coat as a bonding bridge.

3. After filling, consolidate, then screed.

4. Allow mortar to set to the desired stiffness, then finish to match adjacent surface texture.

a. Smooth surface: Use trowel to create smooth surface texture.

b. Rough surface: Use wood float or sponge float for rough surface texture. 5. Horizontal areas, where the depth of repair to sound concrete is greater than 1 inch,

add Manufacturer's recommended coarse aggregate. a. The top surface of each lift shall be scored to produce a rough surface for bond to

the next lift.

b. Each lift shall be allowed to reach final set before applying subsequent lifts.

c. Each lift shall be scrubbed into the preceding lift.

E. Curing: Moist cure with wet burlap and polyethylene, a fine mist of water or Manufacturer-recommended, water-based compatible curing compound. 1. Moist curing shall commence immediately after finishing, and shall continue for a

minimum of 48 hours.

2. Protect applied material from sun, rain, and wind until compressive strength is 70 percent of the 28-day compressive strength.

3. Protect applied material from freezing by covering with insulating material.

3.04 PRIMER APPLICATION A. General:

1. Mix and apply two-component primer in strict accordance with written instructions of Membrane Manufacturer as well as the requirements of this Section. Use only proprietary materials, as supplied by the membrane Manufacturer.

2. The substrate surface must be dry, with any remaining dust or loose particles removed

using clean, dry, oil-free compressed air, industrial vacuum, cloth wipe or a combination of methods.

3. Do not install primer on any substrate containing newly applied and/or active asphalt,

coal-tar pitch, creosote or penta-based materials unless approved in writing by Membrane Manufacturer. Some substrates may require additional preparation before applying primer.


B. Mixing of Kempertec EP: 1. Premix primer Component A thoroughly with a spiral agitator or stir stick. Pour primer

Component B into Component A and mix the components for approximately 2 minutes with a clean spiral agitator on slow speed or stir stick without creating any bubbles or streaks. Do not aerate. The Primer solution should be a uniform color, with no light or dark streaks present.

2. Do not thin primer. Determine required primer coverage for each substrate

material/condition and apply in strict accordance with written instructions of Membrane Manufacturer.

3. Mix only that amount of primer components A & B that can be used in 30 minutes.

C. Application of Primer:

1. Roll or brush the primer evenly onto the surface to fully saturate the substrate in one application. Do not allow primer to pond or collect in low areas. Follow Manufacturer's recommended application rates to ensure that a thin layer of cured primer remains on the substrate surface.

2. Apply primer only up to the edge of the membrane flashing terminations. Primer

application past the membrane terminations requires surfacing with an approved material.

3. For EP primer applications over cementitious substrates where protection from

substrate wetness is required, apply primer coat at a heavier application rate until pore saturation is achieved.

4. For all EP primer applications, apply kiln-dried sand into the final coat of EP primer

while still wet at the rate of 50 lbs. per 100 square feet.

5. Allow standard primers to cure for a minimum of twelve (12) hours before membrane application. Membrane must be applied to primer only when completely dry and without tack.

6. Exposure of the primer in excess of eight (8) days or premature exposure to moisture

may require removal and application of new primer. Do not apply new primer over exposed primer older than eight (8) days, primer prematurely exposed to moisture, or primer used as temporary waterproofing, unless approved in writing by the Membrane Manufacturer.

D. Disposal of Primer:

1. Cured primer may be disposed of in standard landfills. This is accomplished by thoroughly mixing all components.

2. Uncured primer is considered a hazardous material and must be handled as such, in

accordance with local, state and federal regulation. Do not through uncured resin away.

3.05 MEMBRANE APPLICATION A. General:


1. It is recommended to apply the waterproofing membrane immediately following full curing of the primer in order to obtain the best bond between primer and membrane.

2. Mix and apply cold fluid-applied reinforced polyurethane waterproofing membrane in

strict accordance with written instructions of Membrane Manufacturer as well as the requirements of this Section. Use only proprietary membrane resins and materials, as supplied by the membrane Manufacturer.

3. The primed substrate surface shall be dry, with any remaining dust or loose particles

removed using clean, dry, oil-free compressed air, industrial vacuum, cloth-wipe or a combination.

4. Protect all areas where membrane has been installed. Do not work off installed

membrane during application of remaining work before forty-eight (48) hours of curing. Movement of materials and equipment across installed membrane is not acceptable. If movement is necessary, provide complete protection of affected areas.

5. Closely follow the Membrane Manufacturer's recommendation for hot and cold

weather application. Monitor surface and ambient temperatures, including the effects of wind chill.

B. Mixing of Kemperol 2K-PUR Resin:

1. Mix resin Component A (cream formulation) with a spiral agitator until the liquid is a uniform cream color. If the ambient temperature is below 50°F (10°C), then a weather related additive should be combined and mixed into the Component A. a. Accelerator should be added to resin Component A when the ambient temperature

is 50°F (10°C) and below. The accelerator should be mixed with the spiral agitator for 2 minutes or until both liquids are thoroughly blended.

2. Pour resin Component B into Component A at a 4:1 ratio (by weight) and thoroughly

mix the components with a clean spiral agitator. The Resin solution should be a uniform color, with no light or dark streaks present.

3. Mix only that amount of resin components A & B that can be used in 30 minutes.

C. Application of Resin/Fleece:

1. Apply mixed resin to the prepared surface at the Manufacturer's recommended application rate. The resin should be rolled or brushed liberally and evenly onto the surface using a broad, even stroke. Cover one working area at a time, between 15 - 20 ft.2

2. Roll out dry polyester fleece onto the liquid resin mix, making sure the smooth side

facing up (natural unrolling procedure), avoiding any folds and wrinkles. The fleece will begin to rapidly saturate with the liquid resin mix. Use a medium nap roller or brush to work the resin into the fleece, saturating from the bottom up, and eliminating air bubbles, wrinkles, etc. The appearance of the saturated fleece should be light opaque amber with no white spots. White spots are indications of unsaturated fleece or lack of adhesion. It is important to correct these faults before the resin cures.

3. Apply additional liquid resin mix on top of fleece at the Manufacturer's recommended

application rate to finish the saturation of the fleece. Roll this final coating into the


fleece, which will result in a glossy appearance. The fleece can only hold so much resin and all excess should be rolled forward to the unsaturated fleece, eliminating ponding or excessive build-up of the resin. The correct amount of resin will leave no whiteness in fleece and there will be a slightly fibrous surface texture. The final resin coating should be smooth and uniform.

4. Approximately 2/3 of the total resin should be applied to the substrate below the fleece

reinforcement, and 1/3 of the total resin should be applied over the fleece reinforcement.

5. Prevent contact between mixed/unmixed resin and new/existing membrane. If any

unmixed resin contacts membrane surface remove immediately and clean thoroughly with a cloth rag.

6. At all fleece seams, allow a 2" overlap for all side joints and a 4" overlap for all end

joints.

7. At membrane tie-offs, clean in-place membrane with MEK (methyl ethyl ketone) solvent or acetone once resin has cured. Allow solvents to fully evaporate before application of new resin.

D. Disposal of Resin:

1. Cured resin may be disposed of in standard landfills. This is accomplished by thoroughly mixing all components.

2. Uncured resin is considered a hazardous material and must be handled as such, in

accordance with local, state and federal regulation. Do not throw uncured resin away.

3.06 FLASHING APPLICATION A. General:

1. Install flashing system in accordance with the requirements/recommendations of the Membrane Manufacturer and as depicted on standard drawings and details. Provide system with base flashing, edge flashing, penetration flashing, and all other flashings required for a complete watertight system.

2. Wherever possible, install the flashings before installing the field membrane to

minimize foot traffic over newly installed field membrane.

3. All membrane flashings shall be installed concurrently with the waterproofing membrane as the job progresses. Temporary flashings are not allowed without prior written approval from the Membrane Manufacturer. Should any water penetrate the new waterproofing membrane because of incomplete flashings, the affected area shall be removed and replaced at the Contractor's expense.

4. Provide a minimum vertical height of 8 inches for all flashing terminations. Flashing

height shall be at least as high as the potential water level that could be reached as a result of a deluging rain and/or poor slope.

5. All flashings shall be terminated as required by the Membrane Manufacturer.

B. Membrane Flashing - General:


1. Membrane flashings shall be fabricated with primer appropriate for the substrate surface, resin of the same base chemical type as the field membrane, and fleece of the same weight as the field membrane unless specified otherwise.

2. Primer, resin, and fleece mixing and application methods as specified for field

membranes are also suitable for membrane flashing.

3. Fleece shall overlap 2" (\ minimum for all joints. Fleece shall be cut neatly to fit all flashing conditions without a buildup of multiple fleece layers. Work wet membrane with a brush or roller to eliminate blisters, openings, or lifting at corners, junctions, and transitions.

C. Walls, Curbs and Base Flashings:

1. Wall, curb and base flashings shall be installed to solid substrate surfaces only. Adhering to gypsum-based panels, cementitious stucco, synthetic stucco, wood or metal siding, and other similar materials is not acceptable.

2. Reinforce all transition locations and other potential wear areas with a four (4) inch

wide membrane strip, using membrane flashing, evenly positioned over the transition prior to installing the exposed flashing layer.

3. Reinforce all inside and outside corners with a four (4) inch diameter conical piece of

membrane prior to installing the exposed flashing layer.

4. All pins, dowels and other fixation elements shall be flashed separately with a vertical flashing component prior to installing the exposed flashing layer.

5. Extend flashing a minimum of four (4) inches onto the field substrate surface.

D. Field Fabricated Control or Expansion Joint Flashing:

1. Control or expansion joints in excess of two (2) inches in width require the use of a separate engineered joint system.

2. Grind or otherwise bevel the inside edges of the joint opening to provide a smooth

transition edge for the fleece.

3. Flashing shall consist of a fully saturated membrane bottom layer looped into the joint as a cradle, a compressible foam backer rod insert at 25% compression fitted into the joint, and a membrane top layer applied over the joint. Extend both fleece layers four (4) inches minimum onto the field substrate on both sides of the joint.

4. Apply the field membrane over the entire joint area.

3.07 MEMBRANE PREPARATION FOR SURFACINGS AND COATINGS A. Membrane must be clean and dry, and free of all contaminants that may interfere with the

adhesion of the surfacing and coating to the membrane surface.

B. Apply surfacing and coating materials to the membrane surface within 48 hours.

C. Membrane exposed longer than 48 hours will require sanding/scuffing of the surface to remove the hard gloss finish, followed by an MEK or acetone solvent wipe.


3.08 FINISHES FOR EXPOSED MEMBRANE A. Coating-Type Finish Surfacing:

1. Where specified, provide and install Membrane Manufacturer's approved urethane-based or acrylic-based coating applied over clean, fully cured membrane at the Manufacturer's recommended application rate.

2. Pre-mix single-component and two-component coatings prior to application to achieve

an even consistency and color. Mix thoroughly for approximately 2 minutes with a clean spiral agitator or stir stick without creating any bubbles or streaks. Do not aerate.

3. Apply coating at the Manufacturer's recommended application rate. Two coating

applications are recommended for best coverage and appearance. After completion of coating, avoid any traffic for a minimum of two (2) days to allow for surfacing to cure.

3.09 TEMPORARY CLOSURES & WATERSTOPS A. Contractor shall be responsible to ensure that moisture does not damage any completed

section of the new waterproofing system. Completion of flashings, terminations, and temporary closures shall be completed as required to provide a watertight condition. All temporary closures shall be made as recommended or required by the membrane Manufacturer.

3.10 PROTECTION A. Upon completion of waterproofing and flashings (including all associated work), institute

appropriate procedures for surveillance and protection of waterproofing during remainder of construction period. Protect all areas where membrane has been installed.

3.11 FIELD QUALITY CONTROL A. Random tests to determine tensile bond strength of membrane to substrate shall be

conducted by the Contractor at the job site using an Elcometer Adhesion Tester Model 106 or similar device, or by the performance of a manual pull test. Contractor shall perform tests at the beginning of the Work, and at intervals as required to ensure specified adhesion with a minimum of three (3) tests per 5000 square feet. Smaller areas shall receive a minimum of three (3) tests. Test results shall be submitted to the DAGS Construction Administrator, Architect and the Manufacturer. Contractor shall immediately notify the DAGS Construction Administrator, Architect and Manufacturer in the event bond test results are below specified values. 1. Adequate surface preparation will be indicated by tensile bond strength of membrane

to substrate greater than or equal to 220 psi, as determined by use of an adhesion tester.

2. Adequate surface preparation will be indicated by 135° peel bond strength of

membrane to substrate such that cohesive failure of substrate or membrane occurs before adhesive failure of membrane/substrate interface.

3. In the event the bond strengths are less than the minimum specified, additional

substrate preparation is required. Repeat testing to verify suitability of substrate preparation.

B. A flood test of the completed membrane and flashing system shall be conducted prior to

the installation of any overburden/surfacing. The flood test shall be of a 24 hr. minimum duration, and shall apply a water head of 2" over the entire application area. Any incidents


of water entry shall be evaluated and all necessary repairs conducted, followed by an additional flood test.

3.12 CLOSEOUT A. Correction of Work: Work that does not conform to specified requirements including

tolerances, slopes, and finishes shall be corrected and/or replaced at Contractor's sole expense. Any deficiencies of membrane application, termination and/or protection as noted during the Membrane Manufacturer's inspections shall be corrected and/or replaced at Contractor's sole expense.

B. Clean-Up: Site clean-up, including both interior and exterior building areas that have been

affected by construction, shall be restored to preconstruction condition.

END OF SECTION

Project Identifier: OPM 22-1-0500 PMMA Membrane Waterproofing 07113- 1

SECTION 07113 - PMMA MEMBRANE WATERPROOFING

PART 1 - GENERAL

1.01 SECTION INCLUDES: A. This Section is a Pre-approved Equal to Section 0711O "Polyurethane Membrane

Waterproofing"

B. Preparation of substrate to receive pedestrian traffic waterproofing

C. Pedestrian traffic waterproofing/flashing application

1.02 RELATED SECTIONS. A. Section 06100-ROUGH CARPENTRY

B. Section 07110- POLYURETHANE MEMBRANE WATERPROOFING

C. Section 07620- SHEET METAL FLASHING AND TRIM

D. Section 07920- JOINT SEALANTS

1.03 REFERENCE STANDARDS A. NIOSH: National Institute For Occupational Safety & Health

B. OSHA: Occupational Safety And Health Administrations

1.04 SUBMITTALS A. Submittals prior to contract award shall include:

1. Letter from the proposed primary system manufacturer confirming that the bidder is an acceptable contractor authorized to install the proposed system.

2. Letter from the primary system manufacturer stating that the proposed application will

comply with the manufacturer's requirements in order to qualify the project for the specified guarantee.

1.05 QUALITY ASSURANCE A. Install over the course of of a three day period starting Friday night and ending Sunday

night. Coordinate with DAGS Contracting Officer to determine appropriate weekend.

B. Acceptable contractor: Contractor shall be certified in writing by the waterproofing materials manufacturer to install the primary waterproofing products.

C. Project acceptance: Submit a completed manufacturer's application for guarantee form

along with shop drawings of the decks showing all dimensions, penetrations, and details. The form shall contain all the technical information applicable to the project including deck types, slopes, and manufacturer's system proposed for installation. The form shall also contain accurate and complete information requested including proper names, addresses, zip codes, and telephone numbers. The application for guarantee for the project must receive approval prior to shipment of materials to the project site.


D. Scope of work: The work to be performed under this specification shall include but is not limited to the following: attend necessary job meetings and furnish competent and full time supervision, experienced mechanics, all materials, tools, and equipment necessary to complete, in an acceptable manner, the waterproofing system installation in accordance with this specification. Comply with the latest written application instructions of the manufacturer of the primary waterproofing products.

E. Local regulations: Conform to regulations of public agencies, including any specific

requirements of the city and/or state of jurisdiction.

F. Manufacturer requirements: The primary materials manufacturer shall provide trained company personnel to attend necessary job meetings, perform periodic inspections as necessary, and conduct a final inspection upon successful completion of the project.

1.06 PRODUCT DELIVERY STORAGE AND HANDLING A. Delivery: Deliver materials in the manufacturer's original sealed and labeled containers

and in quantities required to allow continuity of application.

B. Storage: Store closed containers in a cool, dry, well ventilated area away from heat, direct sunlight, oxidizing agents, strong acids, and strong alkalis. Keep products away from open fire, flame or any ignition source. Store temperature sensitive products at temperatures recommended by the manufacturer. Quartz silica (sand) must be kept dry during storage and handling.

C. Damaged material: Any materials that are found to be damaged or stored in any manner

other than stated above will be automatically rejected, removed and replaced at the contractor's expense.

D. Handling: Handle all materials in such a manner as to preclude damage and contamination

with moisture or foreign matter. Keep away from open fire, flame, or any ignition source. Vapors may form explosive mixtures with air. Avoid skin and eye contact with this material. Avoid breathing fumes. Do not eat, drink, or smoke in the application area. Workers shall wear long sleeve shirts, long pants and work boots. Workers shall wear butyl rubber or nitrile gloves when mixing or applying this product. Safety glasses with side shields shall be used for eye protection. Use local exhaust ventilation to maintain worker exposure below tlv as listed on msds for respective products. If the airborne concentration poses a health hazard, becomes irritating or exceeds recommended limits, use a niosh approved respirator in accordance with osha respirator protection requirements under 29 CFR 1910.134. The specific type of respirator will depend on the airborne concentration. A filtering face piece or dust mask is not acceptable for use with this product if tlv filtering levels have been exceeded.

1.07 PROJECT/SITE CONDITIONS A. Requirements Prior To Job Start

1. Notification: Give a minimum of 5 days notice to the DAGS and manufacturer prior to commencing any work and notify both parties on a daily basis of any change in work schedule.

2. Permits: Obtain all permits required by local agencies and pay all fees which may be

required for the performance of the work.


3. Safety: Familiarize every member of the application crew with safety regulations recommended by OSHA and other industry or local governmental groups.

B. Environmental Requirements

1. Precipitation: Do not apply materials during precipitation or in the event there is a probability of precipitation during application. Take adequate precautions to ensure that materials, applied membrane, and building interiors are protected from possible moisture damage or contamination.

2. Temperature Restrictions - PMMA-Based Materials: Do not apply catalyzed resin

materials if there is a threat of inclement weather. Follow the resin manufacturer's specifications for minimum and maximum ambient, material and substrate temperatures. Do not apply catalyzed resin materials unless temperatures fall within the resin manufacturer's published range.

C. Protection Requirements

1. Protection: Provide protection against staining and mechanical damage for newly applied waterproofing and adjacent surfaces throughout this project.

2. Limited Access: Prevent access by the public to materials, tools, and equipment

during the course of the project.

3. Debris Removal: Remove all debris daily from the project site and take to a legal dumping area authorized to receive such materials.

4. Site Condition: Complete, to the DAGS's satisfaction, all job site clean-up including

building interior, exterior, and landscaping where affected by the construction.

1.08 GUARANTEE/WARRANTY A. Guarantee - Reinforced Systems: Furnish the DAGS with the manufacturer's 10 year

guarantee covering labor and materials. 1. Terapro 10 year terapro waterproofing guarantee.

2. Installer 5 year waterproofing guarantee.

a. Installers Guarantee: Furnish the DAGS with a guarantee covering labor and materials.

PART 2- PRODUCTS

2.01 DESCRIPTION OF SYSTEMS A. Liquid Applied Pedestrian Traffic Waterproofing System: A reinforced fluid-applied, self-

leveling polymethylmethacrylate (PMMA) resin-based waterproofing system, having an aggregate surfacing or colored abrasion resistant topcoat as selected by DAGS/specifier from manufacturer's standard palette of colors. 1. Basis-Of-Design: Siplast terapro reinforced pedestrian traffic waterproofing system.

2.02 MATERIALS A. Sloping Course: Refer to section 07110

B. Membrane/Flashing Waterproofing


1. Primer: A PMMA-based primer for use in vertical applications over wood and plywood substrates. a. Pro Primer T By Siplast

C. Flashing Resin: A thixotropic, flexible, acrylic, pmma-based resin for use in combination

with a fleece fabric to form a monolithic, reinforced flashing membrane used in conjunction with a reinforced or unreinforced pmma waterproofing system. 1. Terapro Flashing Resin By Siplast

D. Base Resin: A flexible, acrylic PMMA-based resin for use as waterproofing in a reinforced

or unreinforced pmma waterproofing system. 1. Terapro Base Resin By Siplast

E. Fleece: A non-woven, needle-punched polyester fabric used as a reinforcement in

catalyzed resin flashing and field membrane systems. 1. Nominal Thickness: 40 mils.

2. Weight: 110 grams per square meter.

a. Pro Fleece By Siplast

F. Wearing Layer Resin: A flexible, acrylic, PMMA-based resin for use as a wearing layer in a reinforced or unreinforced pmma waterproofing system. 1. Terapro VTS Resin By Siplast

G. Aggregate Filler for Waterproofing layer resin:

1. Terapro VTS Aggregate Filler.

H. Color Finish Resin: A pigmented, acrylic, PMMA-based resin for use as a wearing coat over the field of the finished roof/flashing membrane 1. Pro Color Finish By Siplast

I. Clear Finish: A clear, acrylic, PMMA-based finish layer for resin based waterproofing and

flashing systems. 1. Pro Clear Finish By Siplast

2.03 WATERPROOFING ACCESSORIES A. Cleaning Solution/Solvent: A clear solvent used to clean and prepare transition areas of

in- place catalyzed resin to receive subsequent coats of resin and to clean substrate materials to receive resin. 1. Pro Prep By Siplast;

B. Paste: A PMMA-based paste used for remediation of depressions in substrate surfaces

prior to the application of the waterproofing system or used as a leveling layer at fleece overlaps of reinforced waterproofing systems. 1. Pro Paste By Siplast;

C. Catalyst: A peroxide-based reactive agent used to induce curing of acrylic resins.

1. Pro Catalyst Powder By Siplast;

D. Finish: As indicated by DAGS Construction Administrator


1. Colored Quartz: A pigment-coated, kiln-dried, silica aggregate suitable for broadcast into the wearing layer of the waterproofing system and subsequently coated with a clear finish. Quartz shall be supplied by the manufacturer of the waterproofing membrane. a. Pro Colored Quartz By Siplast;

2. Natural Quartz: A natural-colored, kiln-dried, silica aggregate suitable for broadcast

into the wearing layer of the waterproofing system and subsequently coated with a color finish. Quartz shall be supplied by the manufacturer of the waterproofing membrane. a. Pro Natural Quartz By Siplast;

3. Decorative Chips: Flat, angular, pigmented polymer flakes suitable for broadcast into

the color finish layer of waterproofing. Chips shall be supplied by the manufacturer of the waterproofing membrane. a. Pro Chips By Siplast;

E. Thixotropic Agent: A liquid additive used to increase the viscosity of the PMMA based

resin prodcuts, allowing the resins to be applied over vertical or sloped substrates. 1. Pro Thixo By Siplast.

PART 3 - EXECUTION

3.01 SUBSTRATE EXAMINATION A. General: Verify that the substrate is suitable to receive work. Notify the contractor and

DAGS Construction Administrator in writing of conditions detrimental to the proper and timely completion of work. Bring substrate deficiencies into an acceptable condition prior to commencing work.

B. Plywood Substrate Requirements: Plywood substrates shall be ale or better, exterior

grade sheathing having a minimum thickness of 3/4 inch. Plywood shall be installed with the "a" side up. All plywood edges shall be supported on blocking or primary framing, and shall be fastened with non-corrosive screws at 6 inches on center along panel edges and 12 inches on center over the intermediate supports.

C. Finish Surface Condition: Surfaces must be clean, dry and free of substances and

conditions such as voids, ridges or sharp projections that could affect the bond or surface appearance of the waterproofing system.

3.02 SURFACE PREPARATION A. Prepare surface in accordance with Section 07110 "POLYURETHANE MEMBRANE

WATERPROOF! NG"

B. Protection: Provide protection to prevent dust/debris accumulation, spillage and resin overruns.

C. Cleaning: Remove oil and grease with a commercial grade cleaner; thoroughly rinse and

dry. Sweep, blow, or vacuum loose surface debris in areas to receive resin.

D. Taping: Utilize masking tape at perimeters and joints of the area to be waterproofed to provide neat terminations.


E. Grind and smooth structural precast concrete panels to achieve a proper bonding surface

for membrane and sealant application.

F. Preparation Of Steel/Aluminum Substrates: Grind to generate a "white-metal" surface and remove loose particles. Extend preparation area a minimum of 1/2-inch beyond the termination of the waterproofing/flashing system. Do not used cleaner/solvent after grinding. Notch steel surfaces to provide a rust-stop where detailed.

G. Crack Preparation: Prime cracks and fill with paste in accordance with Manufacturer's

written instructions.

3.03 SLOPING COURSE INSTALLATION A. Install sloping course in accordance with Section 07110 "POLYURETHANE MEMBRANE

WATERPROOFING."

3.04 PEDESTRIAN TRAFFIC LIQUID APPLIED WATERPROOFING INSTALLATION A. Mixing And Catalyzing Of Primer, Resin, Color Coat And Clear Coat: Thoroughly mix the

entire drum of uncatalyzed resins for 2 to 3 minutes before each use if pouring the resin into a second container when batch mixing. Catalyze only the amount of material that can be used within pot life. Add pre-measured catalyst powder to the resin component and stir for 2- minutes using a slow-speed mechanical agitator or mixing stir stick. The amount of catalyst added is based on the weight of the resin used. Refer to the waterproofing system manufacturer's literature for mixing ratios.

B. Priming: Using the specified primer, apply to plywood surfaces that will receive the

waterproofing membrane or flashing. Apply the primer using a roller at the minimum rate specified by the primer manufacturer and allow to cure for a minimum of 45 minutes. Increase application rates over other absorbent substrates. Do not let resin pool or pond. Do not over-apply primers as this may interfere with proper primer catalyzation. When calculating application rates, make allowances for saturation of roller covers and application equipment.

C. Flashing Membrane Application: Complete flashing application prior to the waterproofing

membrane application in the field of the roof area. Using masking tape, mask the perimeter of the area to receive the flashing system. Pre-cut fleece to ensure a proper fit at transitions and corners prior to flashing membrane application. Apply a base coat of catalyzed flashing resin to the substrate with a roller or brush at the minimum rate specified by the resin manufacturer. Extend the catalyzed flashing resin 1/4 inch beyond where the fleece reinforcement will be placed. Embed the specified fleece reinforcement into the wet, catalyzed flashing resin base coat using a roller or brush to remove trapped air. Overlap the fleece a minimum of 2 inches. Apply an additional coat of catalyzed flashing resin between layers of overlapping fleece. Apply a finish coat of catalyzed flashing resin immediately following the embedment of the fleece with a roller or brush at the minimum rate specified by the resin manufacturer, ensuring full saturation of the fleece reinforcement. Remove the tape before the catalyzed resin sets. Make allowances for saturation of roller covers and application equipment when calculating resin quantities. Allow to cure for a minimum of 45 minutes.

D. Application Method One: Reinforced Waterproofing System With Colored Or Natural

Quartz:


1. Using the specified cleaner/solvent, wipe flashing membrane surfaces to be lapped with field membrane. Allow the surface to dry for a minimum 20 minutes before continuing work.

2. Using a roller, apply a layer of the specified catalyzed base resin over the primed

substrate at the minimum rate specified by the resin manufacturer. Embed the specified fleece reinforcement into the wet, catalyzed base resin waterproofing layer using a roller to remove trapped air. Overlap side and end laps of the fleece a minimum of 2 inches. Apply an additional coat of catalyzed base resin between layers of overlapping fleece. Apply a second coat of catalyzed resin immediately following the embedment of the fleece with an application roller or brush at the minimum rate specified by the resin manufacturer, ensuring full saturation of the fleece reinforcement. Allow to cure for a minimum of 45 minutes before application of the wearing layer of resin.

3. Apply a layer of catalyzed waterproofing resin/aggregate filler mixture using a trowel

at the minimum rate specified by the waterproofing system manufacturer. Use a spiked roller to remove trowel marks and to even the application of the waterproofing resin/aggregate filler mixture.

4. Immediately broadcast natural quartz into the wet waterproofing layer/aggregate filler

mixture to refusal. Allow to cure for 2 hours. Sweep excess quartz from the surface.

5. Apply color finish using a roller or squeegee at the rate specified by the resin manufacturer.

6. Immediately broadcast accent chips into the wet color finish to at the rate necessary

to achieve the desired aesthetic.

7. Allow the system to cure before exposure to foot or wheeled traffic.

8. Make allowances for saturation of roller covers and application equipment when calculating resin application rates.

9. If work is interrupted for more than 12 hours, or the surface of the catalyzed resin layer

becomes dirty or contaminated from exposure to the elements, thoroughly clean the area with the specified cleaner/solvent. Allow a minimum of 20 minutes for the solvent to evaporate before continuing work. Complete the next application procedure within 60 minutes following the evaporation of the cleaner/solvent.

E. Application Method 2: Reinforced Waterproofing System With Color Finish And Decorative

Chips: 1. Using the specified cleaner/solvent, wipe flashing membrane surfaces to be lapped

with field membrane. Allow the surface to dry for a minimum 20 minutes before continuing work.

2. Using a roller, apply a layer of the specified catalyzed base resin over the primed

substrate at the minimum rate specified by the resin manufacturer. Embed the specified fleece reinforcement into the wet, catalyzed base resin waterproofing layer using a roller to remove trapped air. Overlap side and end laps of the fleece a minimum of 2 inches. Apply an additional coat of catalyzed base resin between


layers of overlapping fleece. Apply a second coat of catalyzed flashing resin immediately following the embedment of the fleece with an application roller or brush at the minimum rate specified by the resin manufacturer, ensuring full saturation of the fleece reinforcement. Allow to cure for a minimum of 45 minutes before application of the wearing layer of resin.

3. If work is interrupted for more than 12 hours, or the surface of the catalyzed resin layer

becomes dirty or contaminated from exposure to the elements, thoroughly clean the area with the specified solvent. Allow a minimum of 20 minutes for the solvent to evaporate before continuing work. Complete the next application procedure within 60 minutes following the evaporation of the solvent

4. Apply the specified paste to the fleece overlaps with a trowel to smooth lap transitions.

Allow the paste to cure for a minimum of 60 minutes before installation of the wearing layer.

5. Inspect the surface of the cured resin/aggregate filler mixture to identify low or

uneven areas. Clean identified areas with cleaner/solvent and allow a minimum of 20 minutes for the solvent to evaporate. Apply paste to level or smooth low or uneven areas. Allow the paste to cure for a minimum of 60 minutes before installation of the color finish layer.

6. Apply a layer of color finish using a prepared roller over the catalyzed resin/aggregate

filler mixture at the minimum rate specified by the waterproofing system manufacturer.

7. Immediately broadcast the chip/silica blend into the wet color finish using a hopper gun at the minimum rate specified by the waterproofing system manufacturer. Allow to cure for a minimum 2 hours and remove loose chips using a blower or vacuum. Sweep excess chips from the surface. Allow to cure for an additional hour following removal of excess chips.

8. Apply clear finish using a prepared roller over the embedded chip/silica surface at the

rate specified by the waterproofing system manufacturer.

9. If work is interrupted for more than 12 hours, or the surface of a catalyzed resin layer becomes dirty or contaminated from exposure to the elements, thoroughly clean the area with cleaner/solvent. Allow a minimum of 20 minutes for the solvent to evaporate before continuing work. Complete the next application procedure within 60 minutes following the evaporation of the cleaner/solvent.

3.05 FIELD QUALITY CONTROL AND INSPECTIONS A. Site condition. All areas around job site shall be free of debris, waterproofing

materials, equipment, and related items after completion of job.

8. Notification Of Completion: Contractor shall notify manufacturer by means of manufacturer's printed notification of completion form of job completion in order to schedule a final inspection date.

C. Final Inspection: Hold a meeting at the completion of the membrane application attended

by all parties that were present at the pre-job conference. A punch list of items required


for completion shall be compiled by the contractor and the manufacturer's representative. Complete, sign, and mail the punch list form to the manufacturer's headquarters.

D. Issuance of the guarantee. Complete all post installation procedures and meet the

manufacturer's final endorsement for issuance of the specified guarantee.

END OF SECTION

Project Identifier: OPM 22-1-0500 Roof and Deck Insulation 07220 - 1

SECTION 07220 - ROOF AND DECK INSULATION

PART 1 - GENERAL

1.01 SUMMARY A. Section Includes:

1. Rigid insulation.

2. Tapered insulation crickets.

3. Tapered edge strips

4. Substrate Board.

5. Accessories.

1.02 RELATED REQUIREMENTS A. Section 07530 "Thermoplastic Membrane Roofing;" for roofing system, administrative and

warranty requirements.

1.03 SUBMITTALS A. Product Data: For each type of product indicated.

B. Shop Drawings: Submit manufacturer's shop drawings indicating insulation layout, cross

section of assembly, and minimum board dimensions on 24"x36" drawings sheets. 1. Submit drawings indicating slope, ridges and valleys to achieve positive drainage at

slopes indicated.

2. Comply with recommendations of National Roofing Contractors Association (NRCA) Roofing Manual, latest edition.

C. Samples for Verification: For the following products:

1. Rigid insulation board.

D. Product test reports.

E. Insulation attachment pattern diagram, include roof edge perimeter and roof corner attachment.

1.04 QUALITY ASSURANCE A. Contractor shall note that all conditions are not provided for in contract document.


1.05 DELIVERY, STORAGE AND HANDLING A. All products delivered to the job site shall be in the original unopened containers or

wrappings bearing all seals and approvals.


B. Handle all materials to prevent damage. Place all materials on pallets and fully protect from moisture.

C. Do not store materials on roof. Materials shall be loaded on roof only at time of installation. D. Do not overload roof. Load goods so as not to cause structural damage or failure, or create

a safety hazard.

E. All materials which are determined by the DAGS Construction Administrator, Architect or the manufacturer to be damaged are to be removed from the job site and replaced at no cost to the DAGS.

PART 2 - PRODUCTS

2.01 MANUFACTURERS A. Rigid Insulation: Polyisocyanurate insulation with inorganic coated-glass facers, including

tapered edge strips; ASTM C 1289, with a core density of 2.0 pcf, per ASTM D 1622. 1. Subject to compliance with requirements, provide products by one of the following:

a. Dura-Last

b. Sarnafil Inc.

c. Atlas Roofing Corporation

d. Approved Equal

2. ASTM C 1289, Type II

3. ASTM E 108 or UL 790, Class A System

4. ASTM E 84 or UL 237, Class 1 Rating

5. ASTM D 1621, Compressive Strength 20 PSI

6. Thickness: 8 inches total with multiple layers.

7. Panel Size: Insulation panel shall be 4'-0" x 4'-0" maximum.

8. Primary slope shall be 1/4" per foot minimum. Secondary slope, including crickets, shall be 1/2" per foot.

9. Tapered edge strip at drains shall slope vertically from 0 to 1-1/2 inch in 12 inches

horizontal.

10. Fully adhered for deck attachment, in accordance with manufacturer's recommendations.

11. Approved by roofing membrane manufacturer for specified warranty.


B. Substrate Board: Glass mat gypsum panel with pre-primed surfaces on front and back; ASTM C 1177, with maximum flame-spread and smoke-developed indexes of 0, per ASTM E 84. 1. Manufacturers: Subject to compliance with requirements, provide products by one of

the following: a. DensDeck Prime; Georgia Pacific

b. Approved Equal

2. Thickness: 1/2"

3. Width: 4'-0"

4. Length: 4'-0"

5. Surfacing: Fiberglass mat with non-asphaltic coating

6. Flexural strength: 80 lbs. min., ASTM C 473

7. Permeance: 35 perms, ASTM E 96

8. R Value: 0.56, ASTM C 518

9. Water Absorption: 10% maximum, ASTM C 1177

10. Compression Strength: 500-900 PSI

11. FM Class 1, FM 4450

12. UL Class A, UL 790

13. Fully adhered for horizontal attachment and mechanically attached to vertical

substrates, in accordance with manufacturer's recommendations.

14. Approved by roofing membrane manufacturer for specified warranty.

2.02 ACCESSORIES A. Low Rise Foam Adhesive: Manufacturer's standard foam adhesive for bonding rigid

insulation board to the roof deck and to other insulation and substrate board to insulation. 1. Subject to compliance with requirements, provide products by one of the following:

a. OlyBond500; OMG Roofing Products

b. FTR 601; FiberTite

c. WeatherTite One Step Foamable Adhesive; Millenium Adhesive Products Incorporated

2. Provide foam adhesive accepted by roofing manufacturer for specified warranty.


B. Fasteners: Fasteners to secure substrate boards shall be approved substrate board fasteners as recommended and approved by the substrate board manufacturer. Fasteners shall be corrosion resistance coated with 3-inch, 26 gauge galvalume coated plates. Length of fasteners shall be sized to provide no less than 1-1/2 inch embedment.

PART 3 - EXECUTION

3.01 CONDITION OF SURFACES A. Inspection of Surfaces: Substrate on which insulation and substrate board is to be installed

shall be clean, smooth and dry. Condition of substrate shall be inspected and approved by the Contractor, Architect, and the DAGS Construction Administrator immediately before start of installation.

B. Preparation of Surfaces: Check roof deck surfaces for defects before work is started;

correct defects and inaccuracies in roof deck surface to eliminate poor drainage, hollow and low spots. 1. Deck surfaces varying more than 1/4 inch and defects will be repaired by Contractor.

C. Correct defects in existing decks where required by the DAGS Construction Administrator.

3.02 PROTECTION OF MATERIALS A. Keep roof insulating materials and substrate board dry before, during, and after

installation. Apply two layers of tarp over rigid insulation and substrate board on a daily and nightly basis.

3.03 INSTALLATLON, GENERAL A. Comply with manufacturers' written instructions applicable to products and applications

indicated.

B. Install insulation and substrate board that is undamaged, dry, and unsoiled and that has not been left exposed to ice, rain, or snow at any time.

C. Extend insulation and substrate board to envelop entire area to be insulated. Cut and fit

tightly around obstructions and fill voids with same material. Remove projections that interfere with placement.

D. Provide sizes to fit applications indicated and selected from manufacturer's standard

thicknesses, widths, and lengths. Apply single layer of insulation and substrate board to produce thickness indicated unless multiple layers are otherwise shown or required to make up total thickness.

E. Install accessories in accordance with manufacturers' instructions.

F. Install only as much substrate and insulation board as can be covered with roofing by the

end of the workday and prior to inclement weather.

3.04 INSTALLATION OF INSULATION AND SUBSTRATE BOARD A. Layout of Insulation/Substrate Board: Install insulation and substrate board over the

properly prepared decking.


1. Multiple-Layer Installation: Board thickness greater than 2 inches shall be installed in multiple layers and shall be 2 inches maximum per layer.

2. Boards to be loosely laid with all joints staggered twelve inches minimum from adjacent

rows and from joints of board layer below.

3. Closely cut each board to tightly fit around all roof penetrations.

4. No boards shall be cut to less than 1 square foot in size.

5. Fit each board snugly against adjacent boards so that no gap larger than 1/8 inch exists.

6. Carefully inspect the installation to ensure that each board fits flush with adjacent

boards.

7. Boards with broken corners or that display cupping or warping shall not be used.

B. Fully adhere insulation to properly prepared deck.

C. Fully adhere substrate board to insulation board. Mechanically attach substrate board at vertical applications.

D. Crickets: Install crickets at the high side of all curbs or other obstacles twenty four inches

or wider blocking positive drainage to roof drains or scuppers, and at locations indicated. 1. Carefully layout each cricket to ensure positive roof drainage and no possibility of roof

ponding.

2. Crickets shall smoothly transition between changes in slope. Provide tapered edge strips to avoid voids at toe of crickets.

E. Low Rise Foam Adhesive Attachment of Rigid Insulation and Substrate Board at

Horizontal Applications: Using a ribbon pattern space 1/2 inch wide beads of foam at 8 inches on center. As adhesive is applied, immediately place board into wet adhesive. Do not allow adhesive to skin over. Eliminate un-even surfaces to ensure positive contact between the board and substrate. Foam cannot be applied to a wet substrate.

F. Mechanical Attachment of Substrate Board at Vertical Applications: Fasten through

substrate board with screw and plate type fasteners, minimum spacing to be one fastener per every four square feet. If fastening pattern set by manufacturer or necessary to meet wind uplift requirements exceeds those of this section, the more stringent fastening requirements are to be followed. Fastening pattern to be increased in corners and perimeters per the requirements of Section 07530 'Thermoplastic Membrane Roofing". 1. Ensure that fasteners do not penetrate conduit or miscellaneous piping below the

existing decking.

3.05 PROTECTION OF APPLIED INSULATION AND SUBSTRATE BOARD A. Completely cover applied insulation and substrate board with finished roofing system.

Protect open spaces between insulation and substrate board and walls and spaces at


curbs, until permanent roofing and flashing is applied. Insulation and substrate board may not be left uncovered overnight.

B. In finished areas, storing walking, wheeling or trucking will not be permitted. Provide

smooth, clean board or plank walkways, runways, and platforms near supports, as necessary to distribute weight to conform to indicated live load limits or roof construction.

END OF SECTION

Project Identifier: OPM 22-1-0500 Thermoplastic Membrane Roofing 07530-1

SECTION 07530 - THERMOPLASTIC MEMBRANE ROOFING

PART 1 - GENERAL

1.01 SUMMARY A. This Section includes provIsIons and procedures governing the furnishing and installation

of a fully adhered felt-backed thermoplastic membrane roofing system including components for a complete and watertight installation.

B. Provide and coordinate fastener pull-out resistance tests with the manufacturer's technical

representative present. Testing shall be performed on walls and in the field of the roof.

1.02 SYSTEM DESCRIPTION A System shall be 60 mil felt-back thermoplastic membrane roofing fully adhered to substrate

board which shall be fully adhered to insulation adhered to structural deck. System shall include flashings, accessories, terminations, and other construction necessary to provide a leak-free, ponding-free roofing system.

1.03 RELATED REQUIREMENTS A Section 07220 "Roof and Deck Insulation;" for insulation and substrate board.

B. Section 07620 "Sheet Metal Flashing and Trim;" for additional requirements, including

shop drawing requirements, for membrane-clad metal.

C. Section 07920 "Joint Sealants;" for additional requirements for sealants specified in this Section.

1.04 REFERENCE STANDARDS A The Work required by this Section shall be performed in accordance with the applicable

sections of the following standards and those indicated elsewhere in the Contract Documents.

B. American Society for Testing and Materials, ASTM.

C. National Roofing Contractors Association, NRCA.

D. Sheet Metal and Air Conditioning Contractors' National Association, SMACNA.

1.05 ADMINISTRATIVE REQUIREMENTS A. Preinstallation Meeting: At least two working days prior to starting the application of the

roofing system and insulation, conduct and coordinate a preinstallation meeting with DAGS Construction Administrator, Architect, Installer including personnel directly responsible for the installation, manufacturer's representative, and installers whose work interfaces with or affects the Work of this Section including installers of roof accessories. 1. Provide all Submittals for approval a minimum of (7) days prior to preinstallation

meeting.

2. Ensure a clear understanding of the Contract Documents.

3. Provide on-site inspection and acceptance of the roofing substrate and pertinent structural details relating to the roof system.


4. Coordinate the work of the various trades involved in providing the roofing system and

other components secured through the roofing.

5. The Contractor shall attend the conference with personnel directly responsible for the installation of roofing, substrate board, insulation, flashing and sheet metal work, plumbing, and the roofing materials manufacturer. Conflicts shall be resolved in writing.

1.06 SUBMITTALS A. Product Data: For each type of product indicated.

B. Shop Drawings: For roofing system. Include plans, elevations, sections, details, and

attachments to other work. Include flashings, tie-ins, edges, terminations, expansion joints, penetrations and joints. Provide shop drawings for assemblies indicated below. 1. Flashing terminations.

2. Layout and quantity of walkway pads. Include plans, dimensions, connection to roof,

and relationship to adjacent roofing appurtenances.

3. All membrane-clad sheet metal configurations.

4. Layout of crickets including, but not limited to, slope, heights from drain, connections/securement to structural deck.

C. Samples for Initial Selection: For the following products:

1. Membrane-clad metal.

D. Samples for Verification: Samples of each primary component to be used in the roofing system including, but not limited to, the following: 1. Membrane roofing, of color specified.

2. Flashing materials.

3. Sealant, 11 ounce tubes.

4. Fasteners, each type used.

E. Certificates: Signed by manufacturer certifying that installer is a factory authorized certified

applicator in good standing with the manufacturer and is qualified to perform the specified work and able to receive the required warranties.

F. Certificates: Work history data of successful warranted installations similar to that of this

Project.

G. Certificates: Signed by roofing manufacturer certifying that roofing system complies with requirements specified in "Performance Requirements" Article. 1. Submit evidence of compliance with performance requirements.


H. Certificates: By manufacturers of roofing and accessory materials that all materials supplied comply with all requirements of the identified ASTM and industry standards or practices.

I. Certificates: From the Applicator that the system specified meets all identified code and

insurance requirements as required by the Specification.

J. Test Reports: UL Class A Fire Resistance approval.

K. Field quality-control reports.

L. Sample Warranties: Sample copies of manufacturer and contractor warranties.

1.07 CLOSEOUT SUBMITTALS A. Operation and Maintenance Data.

B. Warranty Documentation.

1.08 EXTRA STOCK MATERIALS A. Furnish extra materials described below that are from same production run (batch mix) as

materials applied and that are packaged for storage and identified with labels describing contents. 1. Furnish one 6'-0" roll of roofing material.

2. Furnish six 11 ounce tubes of sealant.

1.09 QUALITY ASSURANCE A. Standard Test Methods for Fire Tests of Roof Coverings: Class A; UL 790

B. Manufacturer Qualifications: Qualified manufacturer with staff available for the Project to

provide site visits, with inspections and written reports, performed by a technical representative of the roofing membrane manufacturer at the intervals below. Contractor to coordinate manufacturer site visits and field reports. 1. Pre-installation meeting.

2. Final inspection for issuance of warranty by a technical representative employed by

roofing system manufacturer specifically to inspect installation for warranty purposes.

3. Contractor to submit copies of reports to the DAGS Construction Administrator within 7 days of the site visit.

C. Installer Qualifications: Qualified firm that is authorized by the membrane manufacturer

prior to execution of agreement with minimum five years of documented experience as a certified applicator to install manufacturer's products for the specified warranty. 1. Installer personnel trained and authorized by the manufacturer shall complete all work

pertaining to the installation of the Work of this Section, including membrane and flashings.

2. Use adequate amounts of such qualified workmen who are thoroughly trained in the

crafts and techniques required to properly install the type of roofing system specified and other work required to complete the Work specified and within the specified time.


D. Source Limitations: Obtain components for membrane roofing system from same

manufacturer as membrane roofing or approved by membrane roofing manufacturer. Each component of roofing system shall be by single manufacturer and shall not vary on the Project.

E. Suitability of Contract Documents: Verify that the Contract Documents are workable and

not in conflict with the manufacturers' recommendations and instructions prior to the start of the Work. 1. Start of the Work constitutes acceptance of project conditions and requirements.

F. Thermoplastic membrane roofing and associated Work shall be in compliance with NRCA

recommendations. Where requirements of the Contract Documents are more stringent, the more stringent shall apply.

1.10 REGULATORY REQUIREMENTS A Conform to Hawaii Building Code for roof assembly, fire hazard requirements and balance

of requirements on the Project.

B. Conform to applicable City, County, State, and Federal requirements.

C. The applicator shall submit evidence that the proposed roof system meets the requirements of the local building code and has been tested and approved or listed by the following test organizations. These requirements are minimum standards and no roofing work shall commence without written documentation of the system's compliance. 1. ASCE 7 - Wind Uplift Requirements.

2. Underwriters Laboratories, Inc. - Northbrook, IL: Class A assembly

D. Conform to the requirements of the following regulatory agencies:

1. OSHA

2. EPA

3. Local City and County Authorities

E. The Contractor shall be responsible for obtaining all necessary permits for demolition of existing roof and installation of new roofing. Coordinate the required government inspections with the local authorities.

1.11 DELIVERY, STORAGE, AND HANDLING A Deliver materials to the Project site in manufacturer's original, unopened packages and

containers bearing the manufacturer's name and label, and the following information: 1. Product name or title of material.

2. Manufacturer's stock number and date of manufacture.

3. Contents by volume, for pigment and vehicle constituents.

4. Installation/application instructions.


5. Color name and number.

6. Handling instructions and precautions.

7. VOC content.

B. Handle all materials to prevent damage. Place all materials on pallets and fully protect from moisture.

C. Membrane rolls shall be stored lying down on pallets and fully protected from the weather

with clean canvas tarpaulins. Un-vented polyethylene tarpaulins are not accepted due to the accumulation of moisture beneath the tarpaulin in certain weather conditions that may affect the ease of membrane weldability.

D. Do not overload roof. Load goods so as not to cause structural damage or failure, or create

a safety hazard.

E. All adhesives shall be stored at temperatures between 40 degrees F and 80 degrees F unless manufacturers require more stringent temperature limits.

F. All flammable materials shall be stored in a cool, dry area away from sparks and open

flames. Follow precautions outlined on containers or supplied by material manufacturer/supplier.

G. All materials which are determined to be damaged by the Architect, DAGS Construction

Administrator, DAGS or the manufacturer are to be removed from the job site and replaced at no cost to the DAGS.

H. Keep storage area neat and orderly.

1.12 FIELD CONDITIONS A. Only as much of the roofing as can be made weathertight each day, including all flashing

and detail work, shall be installed. All seams shall be cleaned and heat-welded before leaving the job site that day.

B. All work shall be scheduled and executed without exposing the interior building areas to

the effects of inclement weather. The existing building and its contents shall be protected against all risks.

C. All surfaces to receive new materials shall be dry. Should surface moisture occur, the

Applicator shall provide the necessary equipment to dry the surface prior to application. Do not apply roofing to damp or wet substrate.

D. All new and temporary construction, including equipment and accessories, shall be

secured in such a manner as to preclude wind blow-off and subsequent roof or equipment damage.

E. Uninterrupted waterstops shall be installed at the end of each day's work and shall be

completely removed before proceeding with the next day's work. Waterstops shall not emit dangerous or unsafe fumes and shall not remain in contact with the finished roof as the


installation progresses. Contaminated membrane shall be replaced at no cost to the DAGS.

F. Certain membranes are incompatible with asphalt, coal tar, heavy oils, roofing cements,

creosote and some preservative materials. Such materials shall not remain in contact with the specified membrane. The Contractor shall consult the manufacturer regarding compatibility, precautions, and recommendations.

G. Arrange work sequence to avoid use of newly constructed roofing as a walking surface or

for equipment movement and storage. Where such access is absolutely required, the Applicator shall provide all necessary protection and barriers to segregate the work area and to prevent damage to adjacent areas. A substantial protection layer consisting of plywood over membrane or plywood over insulation board shall be provided for all new and existing roof areas which receive rooftop traffic during construction.

H. Prior to and during application, all dirt, debris and dust shall be removed from surfaces by

methods approved by the manufacturer.

I. The Applicator shall conduct fastener pullout tests in accordance with the latest revision of the SPRI/ANSI Fastener Pullout Standard to verify condition of deck/substrate and to confirm expected pullout values.

J. Apply materials within the range of ambient and substrate temperatures recommended by

the roofing manufacturer.

K. The Contractor shall verify that all roof drain lines are functioning correctly (not clogged or blocked) before starting work. Contractor shall report any such blockages in writing to the DAGS Construction Administrator for corrective action prior to roof system installation.

L. Do not apply roofing membrane during inclement weather.

M. Do not apply roofing membrane to damp surface.

1.13 WARRANTY Warranty, General: The special warranty specified in this Article shall not deprive the

DAGS of other rights the DAGS may have under other provisions of the Contract Documents and shall be in addition to, and run concurrent with, other warranties made by the Contractor under requirements of the Contract Documents.

B. Manufacturer Warranty: Manufacturer's standard or customized form, without monetary

limitation, in which manufacturer agrees to repair or replace components of membrane roofing system including components that fail in materials or workmanship within specified warranty period. 1. Warranty Period: Twenty (20) years from date of Substantial Completion.

C. Installer Warranty: Installer's workmanship warranty in which installer agrees to repair or

replace components of membrane roofing system including, but not limited to, roofing, flashing or metal, that fail in materials or workmanship within the specified warranty period. Repair or replacement shall also include insulation, substrate board, and accessory products. . 1. Warranty Period: Five (5) years from date of Substantial Completion.


2. The bonding company must also cover the first year warranty.

3. Warranty shall include all corrective actions necessary to repair damage to the roof

membrane and components caused by roof leaks or improper application

4. Warranty shall cover damage to building and contents resulting from failure to resist penetration of water.

PART 2 - PRODUCTS

2.01 GENERAL A. Only submitted and approved materials shall be utilized.

B. The components of roof system are to be products of one roofing system manufacturer.

Components not supplied by the manufacturer shall be approved by the manufacturer for inclusion in the warranty, and be approved by the DAGS Construction Administrator.

2.02 PERFORMANCE CRITERIA A. Energy Performance: Provide roofing system that is listed on the DOE's ENERGY STAR

"Roof Products Qualified Product List" for low-slope roof products.

B. Wind Uplift Performance: Provide assembly meeting ASCE 7 requirements.

2.03 MANUFACTURERS A. In other Part 2 Articles, the following requirements apply to product selection:

1. Products: Subject to compliance with requirements, provide one of the products specified or approved equal.

2.04 THERMOPLASTIC MEMBRANE A. PVC Sheet: ASTM D 4434, Type II, Grade I, glass fiber reinforced, felt backed.

1. Basis-of-Design Product: Subject to compliance with requirements, provide Sarnafil G410; Sarnafil Inc. or approved equal.

2. Thickness: 60 mils nominal.

3. Exposed Face Color: Code compliant color as selected by Architect.

B. Other Acceptable Thermoplastic Membrane Roofing Systems: ASTM D 6754, Type II,

Grade I, fabric reinforced, felt backed. 1. KEE Sheet: FiberTite-SM-FB fleece backed; Fibertite.

a. Thickness 60 mils nominal

b. Exposed Face Color: As selected by DAGS Construction Administrator

C. Membrane Performance Criteria: Criteria for thermoplastic roofing membrane includes, but is not limited to, the following: 1. No private-labeled roofing membrane. Manufacturer shall produce their own

membrane.

2. Felt backing and thermoplastic membrane shall be one component.


3. Factory welds are not permitted for field membrane.

2.05 AUXILIARY MEMBRANE ROOFING MATERIALS A General: Auxiliary membrane roofing materials recommended by roofing system

manufacturer for intended use, and compatible with membrane roofing. 1. Liquid-type auxiliary materials shall comply with VOC limits of authorities having

jurisdiction.

B. Thermoplastic Membrane Flashing: Manufacturer's standard sheet flashing of same material, thickness, and color as PVC sheet membrane. Sheet flashing type to be manufacturer's membrane for fully-adhered installation. 1. Sarnafil: Sarnafil G41O; PVC, ASTM D 4434, Type II, Grade I, glass fiber reinforced.

2. FiberTite: FiberTite-SM; KEE, ASTM D 6754, Type II, Grade I, fabric reinforced.

C. Bonding Adhesive: Manufacturer's standard, water based.

D. Sealant: Manufacturer's standard, one-part urethane sealant.

1. Sikaflex-1a; Sika Corporation or approved equal.

E. Membrane Cleaner: Manufacturer's solvent cleaner for the removal of contaminants from the membrane.

F. Slip Sheet: Manufacturer's standard, of thickness required for application.

G. Termination Bars: Manufacturer's standard, predrilled stainless steel termination bar,

approximately 1 by 1/8 inch thick; with anchors. Formed steel shall be pre-punched with holes every 1 inch on center to allow various fastener spacing options.

H. Wormgear Clamp: 100 percent type 316 stainless steel wormgear clamp.

I. Fasteners: Factory-coated corrosion resistant steel fasteners and metal plates complying

with corrosion-resistance provisions in FM Approvals 4470, designed for fastening membrane and components to substrate, and acceptable to membrane roofing system manufacturer. 1. Wood Fasteners: Stainless steel no. 11 self-tapping fasteners sized to penetrate the

underlying wood 1-1/4 inch.

2. Concrete Fastener: Zinc-sleeved, stainless steel drive pin fasteners 1/4 inch in diameter of sufficient length to penetrate concrete substrate 1-3/4 inches. Provide Zamac drive pine fasteners or approved equal.

J. Pipe Supports: Copper B-Line; Dura-Blok Rooftop Supports, or approved equal.

1. Provide base, slotted metal channels, and components to secure piping. Slotted metal channels shall be Unistrut or equal.

K. Membrane Walkway Pads: Manufactured or recommended by membrane manufacturer.

1. Crossgrip PVC; Sika-Sarnafil.

2. Crossgrip PVC; Seaman Corp.


3. Crossgrip PVC; Crossgrip.

L. Membrane Clad Metal: Sarnaclad; Sarnafil or approved equal.

M. Miscellaneous Accessories: Provide pourable sealers, flashing adhesive, vent sheet

flashings, preformed inside and outside corner sheet flashings, T-joint covers, lap sealants, termination reglets, aluminum tape and other accessories.

PART 3 - EXECUTION

3.01 GENERAL A. Install thermoplastic membrane roofing system with positive slope to drains, free of

standing (ponding) water.

3.02 SUBSTRATE CONDITION A. Contractor shall be responsible for acceptance or provision of proper substrate to receive

roofing materials.

B. Contractor shall verify that the work done under related sections meets the following conditions: 1. Roof drains reconditioned and/or replaced and installed properly.

2. Roof curbs and nailers are properly secured and prepared to receive roofing materials.

3. All surfaces are smooth and free of dirt, debris and incompatible materials.

4. All surfaces are free of standing water and visible moisture.

C. All rotted or deteriorated wood shall be removed and replaced. Deck type and attachment

shall conform to local code requirements. Fastener heads shall be recessed into the wood surface.

D. All wood shall be termite treated and cut ends shall be treated in the field.

E. Broken, delaminated, wet or damaged insulation or substrate boards shall be removed

and replaced.

F. The substrate shall be clean, smooth, dry, free of flaws, sharp edges, loose and foreign material, oil and grease and be structurally sound. Sharp ridges, other projections and accumulations of bitumen above the surface shall be removed to ensure a smooth surface before roofing. Roofing shall not start until all defects have been corrected.

G. Pull-out Tests: Perform pull-out tests to determine appropriate rate and type of fastener

installation in presence of manufacturer's technical representative.

3.03 SUBSTRATE PREPARATION A. The roof deck and roof construction must be structurally sound to provide support for the

roofing system. The contractor shall load materials on the rooftop in such a manner to eliminate risk of deck overload due to concentrated weight.


3.04 ADHERED MEMBRANE ROOFING INSTALLATION A. Compare Manufacturer's written instructions to those within this Section and to those of

Contract Drawings. Notify DAGS Construction Administrator immediately with any contradictions. Contractor to proceed with Work only after approval by DAGS Construction Administrator.

B. Adhere membrane roofing over area to receive roofing and install according to membrane

roofing system manufacturer's written instructions. 1. Install sheet according to ASTM D 5036.

2. Install membrane roofing free of wrinkles.

C. Accurately align membrane roofing and maintain uniform side and end laps of minimum

dimensions required by manufacturer. Stagger end laps.

D. Bonding Adhesive: Apply to surfaces and at rate required by manufacturer before installing membrane roofing. Do not apply to splice area of membrane roofing.

E. In addition to adhering, mechanically fasten membrane roofing securely at base of wall,

penetrations, drains, curbs, perimeter of roofing and where indicated. Predrill holes where fastening into concrete.

F. Apply membrane roofing with side laps shingled with slope of roof deck where possible.

G. Clean seam areas, overlap membrane roofing, and hot-air weld side and end laps of

membrane roofing and sheet flashings according to manufacturer's written instructions to ensure a watertight seam installation.

3.05 HOT-AIR WELDING A Seam overlaps shall be 3 inches wide when automatic machine welding and 4 inches wide

when hand welding.

B. Hand-welded seams shall be completed in two stages. Hot-air welding equipment shall be allowed to warm up for at least one minute prior to welding. 1. The back edge of the seam shall be welded with a narrow but continuous weld to

prevent loss of hot air during the final welding.

2. The nozzle shall be inserted into the seam at a 45 degree angle to the edge of the membrane. Once the proper welding temperature has been reached and the membrane begins to "flow," the hand roller is positioned perpendicular to the nozzle and pressed lightly. For straight seams, the 1-1/2 inch (40 mm) wide nozzle recommended for use. For corners and compound connections, the 3/4 inch (20 mm) wide nozzle shall be used.

C. Machine welded seams are achieved by the use of Manufacturer's automatic welding

equipment. When using this equipment, Manufacturer's instructions shall be followed.

D. Correct welds display failure from shearing of the membrane prior to separation of the weld. 1. Minimum passing weld, machine weld: 1 inch.


2. Minimum passing weld, hand weld: 3/4 inch.

3.06 QUALITY CONTROL OF WELDED SEAMS A. The Applicator shall check all welded seams daily for continuity using a rounded

screwdriver.

B. Visible evidence that welding is proceeding correctly is smoke during the welding operation, shiny membrane surfaces, and an uninterrupted flow of dark gray material from the underside of the top membrane.

C. On-site evaluation of welded seams shall be made daily by the Applicator at locations as

directed by the DAGS Construction Administrator, DAGS or manufacturer's representative.

D. A minimum of one inch wide cross-section samples of welded seams shall be taken at

least three times a day.

E. Correct welds display failure from shearing of the membrane prior to separation of the weld.

F. The DAGS Construction Administrator may take seam cut test samples randomly during

application. The contractor shall fully cooperate and repair test samples and identified deficiencies promptly.

G. Each test cut shall be patched by the Applicator at no extra cost to the DAGS.

3.07 BASE FLASHING INSTALLATION A. All flashings shall be installed concurrently with the roof membrane as the job progresses.

B. No temporary flashings shall be allowed without the prior written approval of the DAGS

Construction Administrator and Manufacturer. Approval shall only be for specific locations on specific dates. If any water is allowed to enter under the newly completed roofing, the affected area shall be removed and replaced at the Applicator's expense. Flashing shall be adhered to compatible, dry, smooth, and solvent-resistant surfaces. Use caution to ensure adhesive fumes are not drawn into the building.

C. Install sheet flashings and preformed flashing accessories and adhere to substrates

according to membrane roofing system manufacturer's written instructions.

D. All flashings shall be installed concurrently with the roof membrane in order to maintain a watertight condition as the work progresses.

E. Apply bonding adhesive per manufacturer's instructions. Adhesive shall be applied in

smooth, even coats with no gaps, globs or similar inconsistencies. Do not apply to seam area of flashing.

F. Flash penetrations and field-formed inside and outside corners with cured or uncured

sheet flashing. All interior and exterior corners and miters shall be cut and hot-air welded into place. No bitumen shall be in contact with the membrane. Penetration flashing shall be field fabricated tight to penetration.


G. Install fasteners plates and fasteners into the base of parapets, walls and curbs.

H. Clean seam areas, overlap, and firmly roll sheet flashings into the adhesive. Hot-air weld side and end laps to ensure a watertight seam installation.

I. Terminate and seal top of sheet flashings and mechanically anchor to substrate through

termination bars fastened at 6 inches on center. 1. Coordinate flashing with counterflashing installation.

J. Terminate and seal top of sheet flashings at penetrations passing through the membrane;

anchor at top with a wormgear clamp. 1. Coordinate flashing with umbrella installation.

K. All flashings shall extend a minimum of 8 inches above roofing level. All flashings that

exceed 30 inches in height shall receive additional securement. See Contract Drawings for additional securement.

3.08 WALKWAY PAD INSTALLATION A Install walkway pads in accordance with manufacturer's written instructions and

recommendations. Install where indicated on the Contract Drawings

B. Roofing membrane to receive walkway membrane shall be clean and dry.

C. Place chalk lines on deck sheet to indicate location of walkway.

D. Inspect all existing deck membrane seams that are to be covered by Walkway with rounded screwdriver and re-weld any inconsistencies before Walkway installation. 1. Area to receive walkway protection membrane shall be reviewed and approved by the

DAGS Construction Administrator and manufacturer prior to the installation of the walkway pad.

E. Clean the deck membrane in areas to be welded.

F. Provide 2-inch gap between walkway sections and between walkway and roof mounted items.

3.09 MISCELLANEOUS MATERIALS A. Protection Layer: Install protection layer over completed membrane in accordance with

membrane manufacturer's recommendations in all areas where wood sleepers, pipe supports, pavers or similar are to be installed on the roof membrane.

B. Pipe Supports: Install pipe supports where indicated and where necessary to support

piping. Secure piping to pipe support in accordance with manufacturer's written instructions and recommendations.

3.10 TEMPORARY CUT-OFF A All temporary waterstops shall be constructed to provide a 100 percent watertight seal.

B. The waterstop shall be sealed to the deck and/or substrate so that water will not be allowed

to travel under the new or existing roofing.


C. If inclement weather occurs while a temporary waterstop is in place, the Applicator shall provide the labor necessary to monitor the situation to maintain a watertight condition.

D. The edge of the membrane shall be sealed in a continuous heavy application of

manufacturer approved sealant.

E. When work resumes, the contaminated membrane shall be cut out. All sealant, contaminated membrane, insulation fillers and other components of waterstop shall be removed from the work area and properly disposed of off-site. None of these materials shall be used in the new work.

F. If any water is allowed to enter under the newly-completed roofing, the affected area shall

be removed and replaced at the Applicator's expense.

3.11 PERMANENT CUT-OFF A. Tie into existing roofing per NRCA and manufacturer's recommendations to ensure a

watertight system.

3.12 CLEANING A. Remove and dispose of roofing debris on a daily basis. Protect all newly installed roof

surfaces.

B. Clean all contaminants generated by roofing work from building and surrounding areas, including, but not limited to, adhesives, sealants and coatings.

C. Repair or remove and replace components of roofing system where test results or

inspections indicate that they do not comply with specified requirements.

D. Repair or replace components of roofing system and finished surfaces damaged or defaced due to the Work of this Project; comply with recommendations of manufacturers of components and surfaces.

E. Additional testing and inspecting, at Contractor's expense, will be performed to determine

compliance of replaced or additional Work with specified requirements.

F. Prior to final inspection, contractor shall clean the roof membrane to permit inspection of all seams.

G. Contractor is responsible for the cleaning and removal of all debris or residue that is

tracked from existing roof areas to the installed thermoplastic membrane.

3.13 CLOSEOUT ACTIVITIES A. Final Roof Membrane Inspection: Arrange for roofing system manufacturer's technical

personnel to inspect roofing installation on completion and submit report to DAGS Construction Administrator. 1. Notify Architect and DAGS Construction Administrator 48 hours in advance of date

and time of inspection.

2. Substantial Completion: A "no-defect" final roof membrane inspection report is required prior to the Contractor requesting the Substantial Completion review


3.14 PROTECTION A. Where construction traffic must continue over finished roof membrane, provide durable

protection and replace or repair damaged roofing to original condition.

B. All landscaped areas and adjacent construction damaged by construction activities shall be repaired at no cost to the DAGS.

3.15 FIELD QUALITY CONTROL A. Testing Agency: Contractor shall engage a qualified third party testing agency to perform

tests and inspections.

B. Repair or remove and replace components of membrane roofing system where inspections indicate that they do not comply with specified requirements.

END OF SECTION

Project Identifier: OPM 22-1-0500 Sheet Metal Flashing and Trim 07620 - 1

SECTION 07620 - SHEET METAL FLASHING AND TRIM

PART 1 - GENERAL

1.01 SUMMARY A. Section Includes:

1. Manufactured reglets and counterflashing.

2. Formed low-slope roof sheet metal fabrications.

3. Formed wall sheet metal fabrications.

4. High temperature self-adhering flashing.

5. Joint sealants associated with sheet metal flashing.

6. Other sheet metal as indicated.

1.02 RELATED REQUIREMENTS A. Section 07920 "Joint Sealants;" for procedural and administrative, product and execution

requirements for joint sealants referred to in this Section.

1.03 ADMINISTRATIVE REQUIREMENTS A. Preinstallation Meeting: A preinstallation meeting shall be held at the project site prior to

commencement of field installation to establish procedures to maintain required working conditions and to coordinate this Work with related and adjacent Work. Verify that final details comply with current recommendations published in SMACNA's "Architectural Sheet Metal Manual" and NRCA's Roofing and Waterproofing Manual.

B.. The General Contractor, the Sheet Metal Contractor and Roofing Installer shall attend pre-

installation meeting. Include other related trades as applicable. Confirm the required participants with the Contracting Officer. Notify participants at least five days prior to meeting. Intent of the meeting is to review the preparation and installation requirements for the roofing system and to coordinate and schedule the required work.

1.04 SUBMITTALS A Product Data: For each type of product indicated.

B. Shop Drawings: Show fabrication and installation layouts of sheet metal flashing and trim,

including plans, elevations, expansion-joint locations, and keyed details. Distinguish between shop- and field-assembled work. 1. Identification of material, thickness, weight, and finish for each item and location in

Project.

2. Details for forming sheet metal flashing and trim, including profiles, shapes, seams, and dimensions.

3. Details for joining, supporting, and securing sheet metal flashing and trim, including

layout of fasteners, cleats, clips, and other attachments. Include pattern of seams.

4. Details of termination points and assemblies, including fixed points.


5. Details of expansion joints and expansion-joint covers, including showing direction of

expansion and contraction.

6. Details of perimeter conditions.

7. Details of specialized conditions including saddles, transitions and terminations in sheet metal flashing.

8. Details of connections to adjoining work.

9. Detail formed flashing and trim at a scale of not less than 3 inches per 12 inches.

C. Samples: for Initial Selection: For each type of sheet metal flashing and accessory

indicated with factory-applied color finishes involving color selection. 1. 6" square samples of specified sheet metal materials to be exposed as finished

surfaces.

2. 12" long samples of factory-fabricated products exposed as finished Work. Provide complete with specified factory finish.

3. One 11 oz. tube of each specified sealant.

4. Two samples each of proposed fasteners and accessories to be used.

D. Samples for Verification: For each type of exposed finish required, prepared on Samples

of size indicated below: 1. Sheet Metal Flashing: 12 inches long by actual width of unit, including finished seam

and in required profile. Include fasteners, cleats, clips, closures, and other attachments.

2. Expansion Joints, Joint Intersections, and Miscellaneous Fabrications: 12 inches long

and in required profile. Include fasteners and other exposed accessories.

3. Accessories and Miscellaneous Materials: Full-size Sample.

E. Qualification Statements: For qualified fabricator.

F. Warranty: Sample of special warranty.

1.05 CLOSEOUT SUBMITTALS A. Maintenance data.

1.06 QUALITY ASSURANCE A. Fabricator Qualifications: Shop that employs skilled workers who custom fabricate sheet

metal flashing similar to that required for this Project and whose products have a record of successful in-service performance.

B. Installer Qualifications: Engage an experience Installer who has completed sheet metal

flashing and trim work similar in material, design, and extent to that indicated for this Project and with a record of successful in-service performance.


C. Sheet Metal Flashing and Trim Standard: Comply with SMACNA's "Architectural Sheet

Metal Manual" unless more stringent requirements are specified or shown on Drawings.

D. Copper Sheet Metal Standard: Comply with CDA's "Copper in Architecture Handbook." Conform to dimensions and profiles shown unless more stringent requirements are indicated.

E. Mockups: Build mockups to verify selections made under sample submittals and to

demonstrate aesthetic effects and set quality standards for fabrication and installation. 1. Approval of mockups does not constitute approval of deviations from the Contract

Documents contained in mockups unless DAGS Construction Administrator specifically approves such deviations in writing.

2. Build mockup of each fabrication, including, but not limited to, saddles, coping, reglet

and counterflashing, approximately 10 feet (3.0 m) long, including inside corners, outside corners, supporting construction cleats, seams, attachments, underlayment, and accessories.

3. Locate mockups on-site in the location and of the size indicated or, if not indicated, as

directed by Consultant.

4. Notify the Owner and the Consultant one week in advance of the dates and times when mockups will be constructed.

5. Demonstrate the proposed range of aesthetic effects and workmanship.

6. Obtain Consultant's approval of mockups before start of final unit of Work.

7. Approved mockups may become part of the completed Work if undisturbed at time of

Substantial Completion.

F. Coordinate Work of this Section with interfacing and adjoining Work for proper sequencing of each installation.

1.07 DELIVERY, STORAGE, AND HANDLING A. Do not store sheet metal flashing materials in contact with other materials that might cause

staining, denting, or other surface damage. Store sheet metal flashing materials away from uncured concrete and masonry.

B. Protect strippable protective covering on sheet metal flashing from exposure to sunlight

and high humidity, except to the extent necessary for the period of sheet metal flashing installation.

1.08 WARRANTY A. Special Warranty on Finishes: Manufacturer's standard form in which manufacturer

agrees to repair finish or replace sheet metal flashing and trim that shows evidence of deterioration of factory-applied finishes within specified warranty period. 1. Exposed Panel Finish: Deterioration includes, but is not limited to, the following:

a. Color fading more than 5 Hunter units when tested according to ASTM D 2244.


b. Chalking in excess of a No. 8 rating when tested according to ASTM D 4214.

c. Cracking, checking, peeling, or failure of paint to adhere to bare metal.

2. Finish Warranty Period: 20 years from date of Substantial Completion.

B. Special Contractor and Installer's Warranty: Submit Contractor's warranty, signed jointly by Installer covering work of this section, including all components of flashing system such as panels, base flashing, roofing accessories, fasteners, curbs, collar flashing, and other products, for the following warranty period and conditions: 1. Warranty Period: Two years from date of Project Acceptance.

2. Warranty shall cover repairs or replacement of damages to the building and its finishes

due to leaks.

PART 2 - PRODUCTS

2.01 GENERAL A. All sheet metal components requiring fabrication must have shop drawings submitted and

approved prior to fabrication and delivery to the project site. Materials delivered to the project site without the required DAGS Construction Administrator's approval shall be immediately removed from the site and not incorporated into the completed deck waterproofing system.

2.02 SHEET METAL MATERIALS A. Copper sheet metal: ASTM B 370, 20 oz. or as indicated in the construction drawings.

2.03 SOLDER A. Conforming to ASTM B 32.

2.04 SEALANT A. All exposed sealants to be used in conjunction with sheet metal items shall be

polyurethane sealant, with color to match coated metal, NP-1 by Sonneborne or approved equal.

B. All concealed sealants shall be high grade, gunnable butyl sealant and butyl sealant strips

as manufactured by Adco, AP-77 or approved equal.

2.05 FASTENERS A. Securement fasteners: Copper or Series 300 stainless steel.

B. Pop rivets: ASTM B315. Stainless steel for all other locations.

2.06 ACCESSORIES A. Bond beaker material: Tape to separate dissmilar materials shall be self-adhesive

polyethylene tape.

PART 3 - EXECUTION

3.01 GENERAL A. Install all metal flashing and sheet metal in accordance and with the recommendations of:


1. SMACNA Architectural Sheet Metal Manual, Latest Edition

2. The requirements of this specification supersede the above noted references except where the requirements of the reference specification is more stringent.

B. Do not fabricate or install any sheet metal item without the DAGS Construction

Administrator's written approval.

C. Form pieces to maximum length of 10 feet.

D. Provide 4" minimum wide horizontal flanges, where dimension is not indicated on Contract Drawings.

E. Install plywood sheathing and insulation boards to protect existing adjacent roof

membranes prior to laying down sheet metal components on the roof.

F. Solder all lap joints or apply a full bed of butyl sealant. Lap joints in direction of water flow. 1. Weld coping corner fabrications to form one piece. Welding is required due to heat of

coating process.

G. All flat lock seams and lap seams, where soldered, shall be at least½ inch. Pop rivet pieces together 1" on center prior to soldering. Sweat solder under the lap. Do not bead solder. Solder rivet holes to be water tight.

H. Sealed lap joints shall be at least 3 inches. Apply generous amount of sealant in lap to

completely bed the lap in sealant. Fasten joints through sealant 1" on center.

I. Exercise care when cutting materials on site to ensure cuttings do not remain on finished surfaces.

J. Use concealed fasteners or continuous cleats, except where shown in the drawings or

specifically approved by DAGS Construction Administrator. Provide expansion joints concealed within system.

K. Lock seams and end joints; fit flashing tight in place; make corners square, surfaces true

and straight in planes, and lines accurate to profiles.

L. Install compatable sealants where required to prevent direct weather penetration.

M. Completed installation shall be free of rattles, noise due to thermal air movement, and wind whistles.

3.02 FABRICATION A. Fabricate sheet metal in accordance with SMACNA Architectural Sheet Metal Manual.

B. Form sheet metal to dimensions, shapes and sizes taken directly from site measurements.

C. Form sections square, true and accurate to size, free from distortion and other defects

detrimental to appearance or performance.

D. Solder and/or seal joints as indicated in paragraph 3.01 F.


E. Thoroughly wash all flux off work after soldering. Failure to do this may result in back

charges as a result of damages to finishes.

F. Hem exposed edges on underside 1/2".

3.03 INSTALLATION A Coordinate fabricaton and installation of flashing components with work of other Sections.

B. Solder, seal, or field weld all seams and end joints as shown in the drawings or required

by field conditions. Measure all dimensions in the field necessary to properly fabricate the flashings. Fit flashings tight in place, however, allow for ¾" minimum clearance to install roofing components. Make corners square, surfaces true and straight in planes, and lines accurate to profiles.

C. Secure flashings as indicated on the Contract Drawings.

3.04 MISC. FLASHINGS A Fabricate flashings as indicated on the Contract Drawings.

B. Field verify dimensions and fabricate sheet metal so as not to "bow". Seal and secure as

indicated on the Contract Drawings.

3.05 MISC. SHEET METAL COMPONENTS A. Fabricate sheet metal components not specifically described in this specification section,

including but not limited to sheet metal expansion joints and reveals in accordance with Contract Drawings and SMACNA.

3.06 CLEANING A. Remove all metal scraps, fasteners, and sheet metal work related debris at the end of

work or each day whichever is shorter. Remove debris from facility grounds and rooftops on a daily basis.

END OF SECTION

Project Identifier: OPM 22-1-0500 Joint Sealants 07920 - 1

SECTION 07920 - JOINT SEALANTS

PART 1 - GENERAL

1.01 SUMMARY A. Section Includes: Exterior joints in vertical surfaces and horizontal non-traffic surfaces.

1.02 PRECONSTRUCTION TESTING A. Preconstruction Compatibility and Adhesion Testing: Submit to joint-sealant

manufacturers, for testing indicated below, samples of materials that will contact or affect joint sealants. 1. Use ASTM C 1087 to determine whether priming and other specific joint preparation

techniques are required to obtain rapid, optimum adhesion of joint sealants to joint substrates.

2. Submit not fewer than eight pieces of each kind of material, including joint substrates,

shims, joint-sealant backings, secondary seals, and miscellaneous materials.

3. Schedule sufficient time for testing and analyzing results to prevent delaying the Work.

4. For materials failing tests, obtain joint-sealant manufacturer's written instructions for corrective measures including use of specially formulated primers.

5. Testing will not be required if joint-sealant manufacturers submit joint preparation data

that are based on previous testing, not older than 24 months, of sealant products for adhesion to, and compatibility with, joint substrates and other materials matching those submitted.

B. Preconstruction Field-Adhesion Testing: Before installing sealants, field test their

adhesion to Project joint substrates as follows: 1. Locate test joints as directed by DAGS.

2. Conduct field tests for each application indicated below:

a. Each kind of sealant and joint substrate indicated.

3. Notify DAGS seven days in advance of dates and times when test joints will be

erected.

4. Arrange for tests to take place with joint-sealant manufacturer's technical representative present. a. Test Method: Test joint sealants according to Method A, Field-Applied Sealant

Joint Hand Pull Tab, in Appendix X1 in ASTM C 1193 or Method A, Tail Procedure, in ASTM C 1521. 1) For joints with dissimilar substrates, verify adhesion to each substrate

separately; extend cut along one side, verifying adhesion to opposite side. Repeat procedure for opposite side.

2) Submit modified test method for review where joint configurations do not allow

Method A.


5. Report whether sealant failed to adhere to joint substrates or tore cohesively. Include data on pull distance used to test each kind of product and joint substrate. For sealants that fail adhesively, retest until satisfactory adhesion is obtained.

6. Evaluation of Preconstruction Field-Adhesion-Test Results: Sealants not evidencing

adhesive failure from testing, in absence of other indications of noncompliance with requirements, will be considered satisfactory. Do not use sealants that fail to adhere to joint substrates during testing.

1.03 SUBMITTALS A. Product Data: For each joint-sealant product indicated.

B. Samples for Initial Selection: Manufacturer's color charts consisting of strips of cured

sealants showing the full range of colors available for each product exposed to view.

C. Samples for Verification: For each kind and color of joint sealant required, provide Samples with joint sealants in 1/2-inch- wide joints formed between two 6-inch- long strips of material matching the appearance of exposed surfaces adjacent to joint sealants.

D. Joint-Sealant Schedule: Include the following information:

1. Joint-sealant application, joint location, and designation.

2. Joint-sealant manufacturer and product name.

3. Joint-sealant formulation.

4. Joint-sealant color.

E. Qualification Data: For qualified Installer.

F. Product Certificates: For each kind of joint sealant and accessory, from manufacturer.

G. Sealant, Waterproofing, and Restoration Institute (SWRI) Validation Certificate: For each sealant specified to be validated by SWRl's Sealant Validation Program.

H. Product Test Reports: Based on evaluation of comprehensive tests performed by a

qualified testing agency, indicating that sealants comply with requirements.

I. Preconstruction Compatibility and Adhesion Test Reports: From sealant manufacturer, indicating the following: 1. Materials forming joint substrates and joint-sealant backings have been tested for

compatibility and adhesion with joint sealants.

2. Interpretation of test results and written recommendations for primers and substrate preparation needed for adhesion.

J. Preconstruction Field-Adhesion Test Reports: Indicate which sealants and joint

preparation methods resulted in optimum adhesion to joint substrates based on testing specified in "Preconstruction Testing" Article.

K. Field-Adhesion Test Reports: For each sealant application tested.


L. Warranties: Sample of special warranties.

1.04 QUALITY ASSURANCE A. Contractor shall note that all conditions are not provided for in contract document.


B. Installer Qualifications: Manufacturer's authorized representative who is trained and

approved for installation of units required for this Project.

C. Source Limitations: Obtain each kind of joint sealant from single source from single manufacturer.

D. Product Testing: Test joint sealants using a qualified testing agency.

1. Testing Agency Qualifications: An independent testing agency qualified according to ASTM C 1021 to conduct the testing indicated.

2. Test according to SWRl's Sealant Validation Program for compliance with

requirements specified by reference to ASTM C 920 for adhesion and cohesion under cyclic movement, adhesion-in-peel, and indentation hardness.

E. Mockups: Install sealant in mockups of assemblies specified in other Sections that are

indicated to receive joint sealants specified in this Section. Use materials and installation methods specified in this Section.

F. Preinstallation Conference: Conduct conference at Project site.

1.05 PROJECT CONDITIONS A. Do not proceed with installation of joint sealants under the following conditions:

1. When ambient and substrate temperature conditions are outside limits permitted by joint-sealant manufacturer or are below 40 deg F.

2. When joint substrates are wet.

3. Where joint widths are less than those allowed by joint-sealant manufacturer for

applications indicated.

4. Where contaminants capable of interfering with adhesion have not yet been removed from joint substrates.

1.06 WARRANTY A. Special Installer's Warranty: Manufacturer's standard form in which Installer agrees to

repair or replace joint sealants that do not comply with performance and other requirements specified in this Section within specified warranty period. 1. Warranty Period: Two years from date of Substantial Completion.

B. Special Manufacturer's Warranty: Manufacturer's standard form in which joint-sealant

manufacturer agrees to furnish joint sealants to repair or replace those that do not comply


with performance and other requirements specified in this Section and to reimburse DAGS for finishes or contents damaged within specified warranty period. 1. Warranty Period: 10 years from date of Substantial Completion.

C. Special warranties specified in this article exclude deterioration or failure of joint sealants

from the following: 1. Movement of the structure caused by structural settlement or errors attributable to

design or construction resulting in stresses on the sealant exceeding sealant manufacturer's written specifications for sealant elongation and compression.

2. Disintegration of joint substrates from natural causes exceeding design

specifications.

3. Mechanical damage caused by individuals, tools, or other outside agents.

4. Changes in sealant appearance caused by accumulation of dirt or other atmospheric contaminants.

PART 2 - PRODUCTS

2.01 MATERIALS, GENERAL A Compatibility: Provide joint sealants, backings, and other related materials that are

compatible with one another and with joint substrates under conditions of service and application, as demonstrated by joint-sealant manufacturer, based on testing and field experience.

B. Liquid-Applied Joint Sealants: Comply with ASTM C 920 and other requirements indicated

for each liquid-applied joint sealant specified, including those referencing ASTM C 920 classifications for type, grade, class, and uses related to exposure and joint substrates. 1. Suitability for Immersion in Liquids. Where sealants are indicated for Use I for joints

that will be continuously immersed in liquids, provide products that have undergone testing according to ASTM C 1247. Liquid used for testing sealants is deionized water, unless otherwise indicated.

C. Stain-Test-Response Characteristics: Where sealants are specified to be nonstaining to

porous substrates, provide products that have undergone testing according to ASTM C 1248 and have not stained porous joint substrates indicated for Project.

D. Colors of Exposed Joint Sealants: As selected by DAGS from manufacturer's full range.

E. Joint sealants that come in contact with self-adhering flashings shall be compatible with

self-adhering flashings used on the Project.

2.02 SILICONE JOINT SEALANTS

A Ultra-low Modulus Neutral-Curing Silicone Joint Sealant: ASTM C 920. 1. Product: Subject to compliance with requirements, provide Dow 790 by Dow Corning

Corporation or approved equal. a. Preapproved Equal: Silpruf LM SCS 2700 by Momentive Performance Materials.


2. Location: Exterior vertical and horizontal non-traffic joints at concrete panels and where indicated.

3. Type: Single component (S).

4. Grade: nonsag (NS).

5. Class: 100/50.

6. Uses Related to Exposure: Nontraffic (NT).

B. Single-Component, Nonsag, Neutral-Curing Silicone Joint Sealant: ASTM C 920, Type S.

Grade NS, Class 50, for NT. 1. Products: Subject to compliance with requirements, provide Dow 795; Dow Corning

Corporation or approved equal. a. Preapproved Equal: SilPruf SCS2000 and SilPruf NB SCS9000 by Momentive

Performance Materials.

2. Locations: Window glazing and where indicated.

2.03 PREFORMED SILICONE SEAL A. Preformed Silicone Seal: Subject to compliance with requirements, provide Dow Corning

123 Silicone Seal by Dow Corning Corporation or approved equal. 1. Pre-approved Equal: US1100 Ultraspan by Momentive Building Products.

2. Thickness: 1/8 inch, minimum.

3. Shape: Factory formed to shapes indicated on the Contract Drawings.

4. Color: To be selected by Architect from manufacturer's full range including custom

colors.

5. Adhesive: Compatible silicone type as recommended and provided by silicone seal manufacturer. a. Color: Match preformed silicone seal.

6. Substrate primer: As recommended for project conditions and provided by silicone

seal manufacturer.

2.04 JOINT SEALANT BACKING A. General: Provide sealant backings of material that are nonstaining; are compatible with

joint substrates, sealants, primers, and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing.

B. Cylindrical Sealant Backings: ASTM C 1330, Type C (closed-cell material with a surface

skin) Type B (bicellular material with a surface skin) or any of the preceding types, as approved in writing by joint-sealant manufacturer for joint application indicated, and of size and density to control sealant depth and otherwise contribute to producing optimum sealant performance.


C. Bond-Breaker Tape: Polyethylene tape or other plastic tape recommended by sealant manufacturer for preventing sealant from adhering to rigid, inflexible joint-filler materials or joint surfaces at back of joint. Provide self-adhesive tape where applicable.

2.05 MISCELLANEOUS MATERIALS A. Primer: Material recommended by joint-sealant manufacturer where required for adhesion

of sealant to joint substrates indicated, as determined from preconstruction joint-sealant- substrate tests and field tests.

B. Cleaners for Nonporous Surfaces: Chemical cleaners acceptable to manufacturers of

sealants and sealant backing materials, free of oily residues or other substances capable of staining or harming joint substrates and adjacent nonporous surfaces in any way, and formulated to promote optimum adhesion of sealants to joint substrates.

C. Masking Tape: Nonstaining, nonabsorbent material compatible with joint sealants and

surfaces adjacent to joints.

PART 3 - EXECUTION

3.01 EXAMINATION A. Examine joints indicated to receive joint sealants, with Installer present, for compliance

with requirements for joint configuration, installation tolerances, and other conditions affecting joint-sealant performance.

B. Proceed with installation only after unsatisfactory conditions have been corrected.

3.02 PREPARATION A. Surface Cleaning of Joints: Clean out joints immediately before installing joint sealants to

comply with joint-sealant manufacturer's written instructions and the following requirements: 1. Remove all foreign material from joint substrates that could interfere with adhesion of

joint sealant, including dust, paints (except for permanent, protective coatings tested and approved for sealant adhesion and compatibility by sealant manufacturer), old joint sealants, oil, grease, waterproofing, water repellents, water, surface dirt, and frost.

2. Clean porous joint substrate surfaces by brushing, grinding, mechanical abrading, or

a combination of these methods to produce a clean, sound substrate capable of developing optimum bond with joint sealants. Remove loose particles remaining after cleaning operations above by vacuuming or blowing out joints with oil-free compressed air.

3. Clean nonporous joint substrate surfaces with chemical cleaners or other means that

do not stain, harm substrates, or leave residues capable of interfering with adhesion of joint sealants. Nonporous joint substrates include the following:

a. Metal.

B. Joint Priming: Prime joint substrates where recommended by joint-sealant manufacturer or as indicated by preconstruction joint-sealant-substrate tests or prior experience. Apply primer to comply with joint-sealant manufacturer's written instructions. Confine primers to areas of joint-sealant bond; do not allow spillage or migration onto adjoining surfaces.


C. Masking Tape: Use masking tape where required to prevent contact of sealant or primer

with adjoining surfaces that otherwise would be permanently stained or damaged by such contact or by cleaning methods required to remove sealant smears. Remove tape immediately after tooling without disturbing joint seal.

3.03 INSTALLATION OF JOINT SEALANTS A General: Comply with joint-sealant manufacturer's written installation instructions for

products and applications indicated, unless more stringent requirements apply.

B. Sealant Installation Standard: Comply with recommendations in ASTM C 1193 for use of joint sealants as applicable to materials, applications, and conditions indicated.

C. Install sealant backings of kind indicated to support sealants during application and at

position required to produce cross-sectional shapes and depths of installed sealants relative to joint widths that allow optimum sealant movement capability. 1. Do not leave gaps between ends of sealant backings.

2. Do not stretch, twist, puncture, or tear sealant backings.

3. Remove absorbent sealant backings that have become wet before sealant application

and replace them with dry materials.

D. Install bond-breaker tape behind sealants where sealant backings are not used between sealants and backs of joints.

E. Install sealants using proven techniques that comply with the following and at the same

time backings are installed: 1. Place sealants so they directly contact and fully wet joint substrates.

2. Completely fill recesses in each joint configuration.

3. Produce uniform, cross-sectional shapes and depths relative to joint widths that allow

optimum sealant movement capability.

F. Tooling of Nonsag Sealants: Immediately after sealant application and before skinning or curing begins, tool sealants according to requirements specified in subparagraphs below to form smooth, uniform beads of configuration indicated; to eliminate air pockets; and to ensure contact and adhesion of sealant with sides of joint. 1. Remove excess sealant from surfaces adjacent to joints.

2. Use tooling agents that are approved in writing by sealant manufacturer and that do

not discolor sealants or adjacent surfaces.

3. Provide concave joint profile per Figure 8A in ASTM C 1193, unless otherwise indicated.

3.04 FIELD QUALITY CONTROL A Field-Adhesion Testing: Field test joint-sealant adhesion to joint substrates as follows:

1. Arrange for initial tests for each kind of sealant to take place with joint-sealant manufacturer's technical representative present.


2. Extent of Testing: Test completed and cured sealant joints as follows:

a. Perform 10 tests for the first 1000 feet of joint length for each kind of sealant and joint substrate.

b. Perform 1 test for each 200 feet of joint length thereafter or 1 test per each floor

per elevation.

3. Test Method: Test joint sealants according to Method A, Field-Applied Sealant Joint Hand Pull Tab, in Appendix X1 in ASTM C 1193 or Method A, Tail Procedure, in ASTM C 1521. a. For joints with dissimilar substrates, verify adhesion to each substrate separately;

extend cut along one side, verifying adhesion to opposite side. Repeat procedure for opposite side.

b. Submit modified test method for review where joint configurations do not allow

Method A

4. Inspect tested joints and report on the following: a. Whether sealants filled joint cavities and are free of voids.

b. Whether sealant dimensions and configurations comply with specified

requirements.

c. Whether sealants in joints connected to pulled-out portion failed to adhere to joint substrates or tore cohesively. Include data on pull distance used to test each kind of product and joint substrate. Compare these results to determine if adhesion passes sealant manufacturer's field-adhesion hand-pull test criteria.

5. Record test results in a field-adhesion-test log. Include dates when sealants were

installed, names of persons who installed sealants, test dates, test locations, whether joints were primed, adhesion results and percent elongations, sealant fill, sealant configuration, and sealant dimensions.

6. Repair sealants pulled from test area by applying new sealants following same

procedures used originally to seal joints. Ensure that original sealant surfaces are clean and that new sealant contacts original sealant.

B. Evaluation of Field-Adhesion Test Results: Sealants not evidencing adhesive failure from

testing or noncompliance with other indicated requirements will be considered satisfactory. Remove sealants that fail to adhere to joint substrates during testing or to comply with other requirements. Retest failed applications until test results prove sealants comply with indicated requirements.

3.05 CLEANING A. Clean off excess sealant or sealant smears adjacent to joints as the Work progresses by

methods and with cleaning materials approved in writing by manufacturers of joint sealants and of products in which joints occur.


3.06 PROTECTION A. Protect joint sealants during and after curing period from contact with contaminating

substances and from damage resulting from construction operations or other causes so sealants are without deterioration or damage at time of Substantial Completion. If, despite such protection, damage or deterioration occurs, cut out and remove damaged or deteriorated joint sealants immediately so installations with repaired areas are indistinguishable from original work.

END OF SECTION

Project Identifier: OPM 22-1-0500 Facility Storm Drainage 15400 - 1

SECTION 15400 - FACILITY STORM DRAINAGE

PART 1 - GENERAL

1.01 SECTION INCLUDES A. Prior to demolition of existing roofing test each existing drain. Submit report to Architect

and DAGS Construction Administrator clearly indicating which drains are functional and which are not.

B. Replace existing strainers/clamping rings/accessories. Clean existing drain bowls.

C. Alternate: Replace existing roof drains, and associated strainers/clamping

rings/accessories, and tie into existing piping. Modify piping as required to connect to drains.

D. Test 100 percent of drains and overflows. Clean plumbing drains and overflows from roof

to storm sewer until fully functional.

1.02 REFERENCES

A. American Society of Mechanical Engineers (ASME) Publications 1. ASME A112.6.4 - Roof, Deck and Balcony Drains

B. American Society for Testing and Materials (ASTM) Publications

1. ASTM C 564 - Rubber Gaskets for Cast Iran Soil Pipe and Fittings.

2. ASTM A 74 - Cast-Iron Soil Pipe and Fittings

3. ASTM C 552 - Cellular Glass Thermal Insulation

C. Cast-Iron Soil Pipe Institute (CISPI) Publications 1. CISPI 301 - Cast-Iron Soil Pipe and Fittings for Hubless Cast-Iron Sanitary Systems

2. CISPI 310 - Patented Joint for Use in Connection with Hubless Cast-Iron Sanitary

Systems.

D. International Code Council (ICC) Publication 1. Hawaii Building Code, latest edition

E. International Association of Plumbing and Mechanical Officials (IAPMO) Publication

F. California Plumbing Code, latest edition

1.03 SUBMITTALS A. Manufacturer's Data: Submit the following manufacturer's data:

1. Fittings

2. Bowl Assemblies

3. Strainers


4. Drain bowl and pipe insulation

5. Lead seals

B. Product Samples: 1. Bowl assemblies

2. Drain Strainers

1.04 QUALITY ASSURANCE A. Company specializing in plumbing installation.

B. Minimum of five (5) years documented experience.

C. Licensed to do business as a plumbing contractor in the state of California.

1.05 REGULATORY REQUIREMENTS A. Conform to all local, county, and state building requirements.

B. The Contractor shall be responsible for obtaining all necessary permits for demolition of

existing plumbing fixtures and installation of the Work.

C. The Contractor shall be responsible for scheduling all tests and inspections with municipal building inspectors.

PART 2 - PRODUCTS

2.01 GENERAL A. Only submitted and approved materials shall be utilized.

B. No products utilized within this project shall contain asbestos.

2.02 MANUFACTURERS A. As manufactured by Zurn, Josam, or equal.

2.03 PIPING A. All fittings shall be long radius.

B. Cast-Iron hubless pipe and fittings shall conform to CISPI 301 with CISPI 310 coupling

joints.

C. Cast-Iron hub and spigot pipe and fittings shall conform to ASTM A-74 with ASTM C- 564 rubber compression gaskets joints.

D. Lead seals at existing roof drains to remain and piping.

E. Riser Clamp: Subject to compliance with requirements provide 1/2 inch nominal size zinc

plated riser clamp, Part No. 46845; Fastenal or approved equal.

2.04 COPPER TUBE AND SUPPORTS AT OVERFLOW PIPES A. Copper Tube: Type "K" copper tube.


B. Copper Drainage Support: Copper riser clips.

2.05 ROOF DRAINS AND OVERFLOW DRAINS A. ASME A112.6.4 cast iron roof drains and clamping rings for use with roofing.

B. Hot dipped galvanized cast-iron drains.

C. Minimum 1O" diameter drain body.

D. Drain Bowl: Cast iron.

E. Cast Iron Strainer: Removable cast-iron locking dome strainer.

F. Clamping Ring: Integral non-puncturing flashing clamp device.

G. Include top-set deck plate.

H. Include optional under deck clamping assembly for positive securement.

I. Fasteners: Fasteners, washers and nuts shall be type 304 stainless steel.

PART 3 - EXECUTION

3.01 GENERAL A. Provide and install drain and overflow bowls, fittings and connections to obtain a fully

functional roof drainage system.

B. All work shall closely conform to the California Plumbing Code.

C. The Contractor shall responsible for locating and avoiding all hidden construction while installing Work. The Contractor is solely responsible for making all investigations required to install the Work without damage to other building components. Any such damage shall be repaired at the Contractor's expense and to the DAGS's satisfaction. In the event that the Contractor's repairs are unacceptable to the DAGS, the DAGS will take corrective action and back-charge the Contractor for all restoration costs resulting from the failure to satisfactorily restore the building to original condition.

D. Closely coordinate all drain Work with that specified in Division 7.

3.02 PROTECTION A. Protect interior space and finishes. Relocate furnishings to prevent damage as well as

access work.

B. Coordinate protection with tenants work hours.

C. Disconnect, reconnect, replace, and attach all necessary drain and drain overflow components.

D. Repair interior any interior finish damage to match existing.

1. Verify finishes prior to bidding.


2. Temporarily disconnect and relocate all ceiling accessories and light fixtures as

required to access Work.

3. Clean, reconnect and reinstall interior furnishings each day to allow for tenant's use.

E. Perform all Work in accordance with design as well as local, state, and building codes.

F. Contractor shall provide a detailed schedule for DAGS Construction Administrator's review.

3.03 FLASHING OF ROOF DRAIN A. Closely coordinate drain Work with roofing installation.

3.04 CLEANING OF DRAINAGE SYSTEM A. After drain Work and roofing is complete, clean all drain and overflow piping of debris and

clogs such that the system is free flowing.

B. Clean each roof drain and overflow drain.

C. DAGS's Representative must be present during cleaning. Provide the DAGS 48 hours notice prior to cleaning to arrange for observation of Work.

3.05 FIELD TESTING A. Before final completion of Work, test each system as in service to demonstrate satisfactory

performance.

B. Immediately effect repairs to unacceptable conditions and retest system to confirm repair performance.

3.06 SITE CLEAN UP A. Clean-up shall be complete and to the satisfaction of the DAGS.

B. Restore all interior and exterior surfaces damaged or soiled by the Contractor's work to

the DAGS's satisfaction.

C. Failure to restore surfacing in a satisfactorily manner will result in the DAGS obtaining the service of a specialty contractor to effect satisfactory repairs. All costs incurred by the DAGS for restoration Work shall be the sole responsibility of the Contractor.

END OF SECTION

Project Identifier: OPM 22-1-0500 Rooftop Mechanical Equipment 15700 - 1

SECTION 15700 - ROOFTOP MECHANICAL EQUIPMENT

PART 1 - GENERAL

1.01 SUMMARY A. This Section includes provisions and procedures covering the protection, temporary

disconnection/reconnection, relocating/raising, and installation of existing roof mounted mechanical equipment, including related systems such as sheet metal duct work, plastic and metal piping, electrical wiring and conduit and their related supports.

1.02 SCOPE OF WORK A. The work shall be governed by the provisions of this Section and can be assumed to

include, but not limited to, the following: 1. Disconnection/Reconnection of electrical power to the heating, ventilating and air

conditioning units, pumps, boilers and required for other units being raised.

2. Disconnection/Reconnection of low voltage control power to the heating, ventilating and air conditioning units, pumps, boilers and required for other units.

3. Temporarily raising or removal and storage, as may be required by the reroofing

operations of the heating, ventilating and air conditioning units, pumps and required other units.

4. Equipment modifications, as required for reinstallation on new supports, curbs, or

other changes due to the reroofing work.

5. Reinstallation of the heating, ventilation and air conditioning units, pumps, boilers and required other units with operating performances equal to or better than pre construction performances.

6. Raise insulated sheet metal ductwork, as required by the reroofing operations, and

provide all modifications required to the duct work or it's supports that result.

7. Raise metal and PVC. piping, as required by the reroofing operations, and provide all modifications required to the piping or its support that result.

B. The extent of the work shall be verified by the contractor using the following means:

1. Going to the project site to view the mechanical equipment and related systems.

2. Making a comprehensive study of the reroofing construction drawings.

3. Discussing the project with the DAGS's Representative.

4. Using all other reasonable means he deems necessary, after approval by the Consultant.

1.03 STANDARDS A All work required by this section shall be performed in accordance with the applicable

sections of the following standards. 1. American Society of Heating, Refrigerating and Air Conditioning Engineers, ASHRAE.


2. Sheet Metal and Air Conditioning Contractors National Association, SMACNA.

3. National Electrical Code, NEC.

4. American Gas Association, AGA.

5. American Water Works Association, AWWA.

6. American Institute of Steel Construction, AISC.

7. American Welding Society, AWS.

8. National Fire Protection Association, NFiPA.

9. American Society for Testing and Materials, ASTM.

10. Underwriters Laboratories, UL.

11. American National standards Institute, ANSI.

12. American Wood Preservers Association, AWPA.

1.04 STANDARD OF TESTING LABORATORIES: A. Fire Ratings: Where specifications require, Contractor shall submit proof that material to

be furnished conforms to requirements of Underwriters Laboratories, Inc. (UL) or Factory Mutual Laboratories (FM). Contractor may, in lieu of the UUFM listing, submit a written certificate from any testing agency satisfactory to DAGS's Representative. Furnish materials with labels attached whenever fire labeling is specified; no exceptions are allowed.

B. Certified tests on material or equipment to be incorporated into this project will be

acceptable provided they are conducted in accordance with standards established by the authority cited in the referenced specification and the tested materials or equipment meet the specified requirements. Preprinted certification will not be acceptable.

C. All certifications shall be in the original. Certificates shall itemize the specified material or

equipment tested, the standard or other authority used in testing for the specified quality, and the test method used. Attach certified copies of all test reports of such certification.

1.05 QUALITY ASSURANCE A. A single contractor shall perform the work of this section; and shall be a licensed

mechanical contractor, with not less than three (3) years of successful experience in work similar to the nature and scope of the work required in this section.

B. Use adequate numbers of skilled workman who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and methods needed for proper performance of the work in this section.


1.06 SCHEDULING AND PROGRESS MEETINGS A. Weekly Meetings: Contractor shall coordinate and schedule work with the DAGS and the

DAGS's representative. While work is in progress, contractor shall attend a mandatory work in progress meeting once a week, on a predetermined time and day.

1.07 SUBMITTALS A. Schedule: Submit a schedule indicating the proposed methods and sequence of

operations for mechanical equipment disconnect/reconnect work, which indicates coordination with both the Roofing Contractors and the DAGS's project requirements, to the Consultant for review and approval prior to commencement of work.

B. Provide detailed sequence of mechanical system interruptions to ensure limited down-

time and uninterrupted progress of DAGS's on site operations.

C. Performance Logs: In accordance with requirements of this Section, performance logs will be completed, prior to and after roofing operations; to ensure mechanical equipment post construction performance is equal to pre-construction performance. Submit three (3) copied to the Consultant.

1.08 SAFETY AND ENVIRONMENTAL PROTECTION A. Contractor shall comply with all OSHA, EPA, and DAGS regulations for safety and

environmental protection. Do not start work unless all safety and environmental regulations are met.

B. For scaffolding, Staging and rigging apparatus, contractor must ensure that safety belts,

slip shields, railings, etc. Are in place to adequately protect workers.

C. Evenly distribute materials and equipment on rooftop so as not to over load and damage the roof structure. Locate and verify column locations, and store materials and equipment over columns. Provide temporary sleepers as necessary.

D. Contractor shall not use any roof, sanitary or storm drain, to dispose of solvents, mastics,

or any other foreign material, nor shall such materials be disposed of on the ground. Materials, including empty containers, likely to be hazardous to health shall be packed into suitable containers, removed from the site, and disposed of in a manner conforming to applicable environmental regulations.

E. Contractor shall not allow any refrigeration gases to be released into the atmosphere.

1.09 FIRE PROTECTION REQUIREMENTS: A. Inspection: This Project will be inspected periodically by the DAGS and/or the Consultant

for compliance with all fire codes and standards listed or referenced in the Contract Documents.

B. Codes and Standards: If the listed or referenced fire code or standard requires any

equipment or material items not specifically shown in the Contract Documents, the Contractor shall not be relieved of the responsibility for providing the items and requesting installation instructions from the Consultant.

C. Fire Extinguisher: Extinguisher of a type and quantity acceptable to the DAGS shall be

provided by the Contractor and maintained in the construction area, in the Contractor's


temporary buildings, and at storage piles of flammable materials. These shall be of a type conforming to National Fire Codes (NFC) (1985), Volume 1, and National Fire Protection Association (NFiPA) Standard Number 10 (1984); and shall remain the property of the Contractor.

D. Flame Cutting, Welding, and Soldering: The Contractor shall observe all precautions

involving open flame. No flame cutting, welding, or soldering of any description shall be permitted until the work site has been inspected and the operation approved by the DAGS. All individuals who will perform this type of work shall attend a fire prevention class within 6 months prior to the start of the Work. The Contractor shall place open flame caution signs on the work site and ensure that these signs are clearly visible to Contractor's employee's while the Work is on-going.

1.10 UTILITY SHUTDOWNS: A No utility service, including fire protection, shall be interrupted for any purpose without

prior approval of the DAGS.

B. The request for permission to interrupt service shall be submitted in writing to the DAGS at least ten days (10) prior to the date of the proposed interruption. The request shall give the following information: 1. Locations of proposed interruptions

2. Hours and dates of proposed interruptions, and

3. Services affected

C. Services shall not be interrupted until receipt of approval of proposed hours and dates

from the DAGS. The DAGS will notify the Contractor, within five days after receipt of the request for interruption, of his approval or disapproval.

D. Only the DAGS shall approve utility interruptions.

E. Operation of valves on water mains will be only by DAGS. Where shutoff of water lines

interrupts service to fire hydrants or fire sprinkler systems, the Contractor shall arrange for his operation and have sufficient personnel available to restore service without delay on the event of emergency as determined by the DAGS.

F. Fire Protection Systems: Where interruption of electrical power affects service, the

Contractor shall notify the DAGS before making such interruptions and shall restore service prior to leaving work site each day.

1.11 JOB CONDITIONS A Occupancy: DAGS will be continuously occupying all areas of the building during the

construction period. Conduct mechanical system interruptions in a manner that will minimize the need for disruption of DAGS's normal operations. Provide DAGS advance notice of all service interruptions.

B. Condition of Mechanical Systems: DAGS assumes no responsibility for actual condition

of mechanical units that are a part of the work of this section. It is the contractor's responsibility to properly document all existing conditions prior to the start of work.


1.12 EXISTING CONDITIONS A. Examine the areas, surfaces and conditions under which work of this Section will be

performed. Identify and correct conditions detrimental to timely and proper completion of the work. Do not proceed until unsatisfactory conditions are corrected.

1.13 PROTECTION REQUIREMENTS A. Membrane Protection: Provide protection against staining and mechanical damage to

newly applied roofing and adjacent surfaces throughout this project.

B. Limited Access: Prevent access by the public to materials, tools and equipment during the course of the project.

C. Debris Removal: Remove all debris daily from the project site and take to a legal dumping

area authorized to receive such materials.

D. Site Conditions: Complete, to the DAGS's satisfaction, all job site clean up of areas affected by the construction.

1.14 WARRANTY A. A warranty shall be provided for each item of work performed and shall include

manufacturer's warranties as required.

B. The warranties shall be of the type and for a time considered as industry standard for the item of work being warranted, and shall be subject to verification by the Consultant prior to approval.

PART 2 - PRODUCTS

2.01 PRODUCTS OF REINSTALLATION A. General: All re-installation work shall be complete, in accordance with recognized proper

mechanical and electrical practices and standards, and as required to provide at least equal performance to that existing prior to the start of the Work.

B. Provide same products and/or type of construction consistent to the standards of quality

as the intent of the original construction, as needed, to re-install the existing equipment to the performance requirements of this Section.

C. Generally, the Contract Documents will not define products or standards of workmanship

present in the existing mechanical equipment. The Contractor shall determine products by inspections and any necessary testing, and workmanship by use of the existing as a sample of comparison.

D. Presence of a product, finish, or type of equipment requires that re-installation shall be

performed as necessary to make the work complete and consistent to the standards of quality as the intent of the original construction.

E. Mastics, coatings and sealants for sealing duct work joints, as manufactured by Mon- Eco

Industries, Inc. (MEI) or approved equal.


PART 3 - EXECUTION

3.01 MECHANICAL EQUIPMENT ALTERATION AND RE-INSTALLATION A General: Prior to disconnection of equipment for removal / raising, prepare a

performance log for each piece of equipment that will be re-installed.

B. Storage: All equipment stored either for re-installation, or the DAGS's salvage shall be the responsibility of the Contractor and shall be properly stored in a secure location.

C. Re-notify the DAGS 24 hours in advance of any disconnect operations.

D. Coordinate the work of this Section with the work of other trades to insure the dry-in of all

equipment penetrations.

E. Remove, or temporarily raise, existing roof top equipment as required by provisions of this section. Use all means necessary to protect existing structures and equipment during removal.

F. Install new miscellaneous iron sleepers, and curbs in accordance with construction

drawings and as necessary to complete this project.

G. Perform industry recommended procedure for the proper storage of mechanical units.

H. Re-install mechanical equipment in accordance with the original manufacturer's recommendations.

I. Re-connect electrical and control wiring to equipment and comply with equipment

manufacturer's recommendations.

J. Modify electrical and control wiring, as required, due to any changes in existing conditions caused by roof renovation work. Route wiring to limit or eliminate roof penetrations when possible

K. Start-up mechanical equipment after reinstallation.

L. Prepare performance logs for each unit at start-up and submit to Consultant.

M. Perform tests on ductwork and piping as required to ensure their proper performance.

3.02 INSTALLATION OF NEW FLEXIBLE CONNECTIONS & OFFSETS A Install new flexible connections in accordance with manufacturer's published literature.

B. Slip metal flange (male to female lap). Set lap joints in sealant, where possible. Screw

male/female connections with self-tapping stainless steel screws with neoprene washers minimum 3" on center.

C. Install new duct offsets as required to match new height of duct.

D. Seal sheet metal duct joints with MEI Eco Duct seal, in accordance with their published

instructions.


E. Install a sheet metal hood over the flex connector, attached to one side. The hood shall provide UV protection to the entire length of the flex connector, but shall not bind the flex connection from its intended purpose.

3.03 LATERAL SUPPORTS A. All equipment being removed and reinstalled shall be installed in accordance with current

seismic codes.

B. Reinstall all equipment, conduits, and disconnect switches with proper lateral support for seismic restraint.

3.04 PROTECTION OF PROPERTY A. Contractor shall protect existing property against damage, stains and excessive wear

during performance of this work.

B. The Contractor shall be responsible for replacement or repair of all damaged landscaping, grounds, plantings, finished surfaces, utilities, equipment, and structures or parts there of that he/she has damaged, or had to remove or cut into in order to perform Work specified in this Project.

END OF SECTION

Requirements and Specifications - HIePRO - Hawaii.gov

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