For Oahu Projects

1 SECTION 107 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 2 3Make the following amendments to said Section: 4 5(I) Amend 107.01 Laws to be Observed to read as follows: 6 7“107.01 Laws to be Observed; Indemnity. The Contractor at all times 8shall observe and comply with all Federal, State, and local laws, ordinances, 9rules, regulations, and permit and license requirements which in any manner 10affect those engaged or employed in the work, the materials used in the work, 11and the conduct of the work. The Contractor shall comply with all orders and 12decrees of government bodies or officials having any jurisdiction or authority over 13the work whether such orders or decrees are directed to the Contractor, its 14subcontractors, vendors, and suppliers, or to the State. 15 16 No instruction in the contract documents or contained within any directive 17from the Engineer to the Contractor to observe and comply with any specific law, 18ordinance, rule, regulation or permit or license requirement shall limit the duty of 19the Contractor to observe and comply with all other laws, ordinances, rules, 20regulations or permit or license requirement that relate to the work. 21 22 The Contractor shall immediately notify the Engineer in writing of any 23orders, directives, notices, decrees, or warnings issued by any governmental 24agency to the Contractor, its subcontractors, vendors, and suppliers that a 25violation of law, rules, regulations, or permit or license requirement is alleged to 26have occurred or is occurring in connection with the work. 27 28 The Contractor shall defend, protect, hold harmless, compensate, and 29indemnify the State, its officers and employees, against any claim or liability 30arising from or based on the violation of any laws, ordinances, rules and 31regulations, orders or decrees, or the terms and conditions of any permits and 32licenses, whether such orders or decrees are directed to the Contractor, its 33subcontractors, vendors, and suppliers or to the State.” 34 35(II) Amend 107.02 Wages and Hours Requirements as follows: 36 37Amend the first paragraph to read as follows: 38 39"107.02 Wages and Hours Requirements. The Contractor shall at all times 40observe and comply with all provisions of Chapter 104, HRS, which are 41emphasized in Attachment I entitled 'Requirements of Chapter 104, HRS Wages 42and Hours of Employees On Public Work Law', appended hereto and which 43require, in part, the following:" 44 45Amend (A) Hours of Labor by revising the first paragraph to read as follows: 46 47 “(A) Hours of Labor. No work shall be done over 8 hours in any one 48 day, Saturdays, Sundays, or legal holidays of the State without written 49 consent of the Engineer. If the Engineer gives consent, workers shall

1 (Project No.) 2 107-1a 10/01/10 50 receive compensation at a rate of not less than one and a half times the 51 worker's basic hourly rate if the worker works: 52 53 (1) Over 8 hours in one day; 54 55 (2) Over 40 hours in one week; or 56 57 (3) On Saturdays, Sundays or legal State holidays 58 59 plus the cost of fringe benefits according to wage rate schedules issued by 60 the Director of Labor and Industrial Relations." 61 62Amend (B) Rate of Wages to read as follows: 63 64 "(B) Rate of Wages. The Contractor shall pay: 65 66 (1) No less than the prevailing wages, and 67 68 (2) No less than the increases to the prevailing wages 69 70 to the various classes of laborers and mechanics as published in the wage 71 rate bulletins determined by the Director of the Department of Labor and 72 Industrial Relations (DLIR) for the entire term of the contract. 73 74 For bidding purposes, the wage rate schedule established by DLIR 75 five calendar days before the date of bid opening shall be applicable. 76 77 Said wage rate schedule may be obtained from the Contracts 78 Office, Department of Transportation, 869 Punchbowl Street, Honolulu, 79 Hawaii 96813. The Department will include the current State wage rate 80 schedule physically in the contract documents executed by the successful 81 bidder. 82 83 DLIR have established minimum wage rate schedules for workers. 84 Do not pay the workers less than the wages set forth on the applicable 85 schedules. 86 87 Consider flaggers who perform traffic safety duties and no actual 88 construction work on this contract as laborers or mechanics. 89 90 Post the schedule of prevailing rates of minimum wages applicable 91 to the work in a prominent and easily accessible place at the project site. 92 Give to each worker employed under the contract a copy of that rates of 93 wages required to be posted at the time of employment. 94 95(III) Amend 107.04 – Citizen Labor to read as follows: 96 97“107.04 (Unassigned).” 98

3 (Project No.) 4 107-2a 10/01/10 99(IV) Amend 107.07 Contractor’s Licensing Laws by revising the third 100paragraph to read as follows: 101 102 “If a Contractor’s license is required by law for the performance of the work 103which is called for in this bid, the bidder and all subcontractors must have the 104required license before the submission of the bidder’s proposal in the case of a 105non-federal-aid project, and for federal-aid projects, the bidder must have the 106required license prior to the award of the project and all subcontractors prior to 107the start of the subcontracted work.” 108 109(V) Amend 107.08 Permits, Licenses, And Taxes to read as follows: 110 111“107.08 Permits and Licenses. As part of the contract price, the 112Contractor shall obtain all permits and licenses required by law to perform the 113work and pay charges, fees, and taxes incidental to obtaining such permits and 114licenses. The Contractor assumes exclusive responsibility for identifying and 115acquiring all permits and licenses necessary to perform the work, except for 116those permits and licenses identified in the contract documents as being the 117responsibility of the State. 118 119 The terms and conditions of any permit or license required for 120performance of the work, whether or not issued in the name of the Contractor, 121are incorporated into the contract. Compliance with such terms and conditions 122are duties owed by the Contractor to the State under the contract. 123Notwithstanding the enforcement authority of the permitting or licensing agency, 124whether or not a State agency, non-compliance by the Contractor with any term 125or condition of such license or permit shall be deemed non-compliance with the 126contract and may constitute grounds for default. 127 128 The Engineer may grant a time adjustment, or cost adjustment, or both to 129the extent the Engineer determines that the Contractor was not a contributing 130factor for such delay.” 131 132(VI) Amend 107.11 – Federal Aid Provisions to read as follows: 133 134“107.11 (Unassigned).” 135 136(VII) Amend 107.12 Sanitary, Health, And Safety Provisions to read as 137follows: 138 139“107.12 Safety: Accident Prevention. 140 141 (1) The Contractor shall provide all safeguards, safety devices and 142 protective equipment and take any other needed actions as it determines, 143 or as the Engineer may determine, to be reasonably necessary to protect 144 the life and health of employees and other persons on and around the 145 worksite and the safety of the public and to protect property in connection 146 with the performance of the work covered by the contract. 147

5 (Project No.) 6 107-3a 10/01/10 148 (2) The Contractor and any subcontractor shall not permit any 149 employee, in performance of the contract, to work in surroundings or 150 under conditions which are unsanitary, hazardous or dangerous to his/her 151 health or safety, as determined under construction safety and health 152 standards promulgated by the Federal, State, and local authorities. 153 154 (3) Authorized Federal, State, and local officials shall have right of 155 entry to any site of contract performance to inspect, investigate, and 156 enforce the matter of compliance with the construction safety and health 157 standards referred to herein.” 158 159(VIII) Amend 107.13 Public Convenience and Safety to read as follows: 160 161“107.13 Contractor Duty Regarding Public Convenience. The 162Contractor shall at all times conduct the work in such manner and in such 163sequence as will insure the least practicable interference with pedestrian, 164bicycle, and motor passageways. The Contractor shall plan and provide 165appropriate detours, signs, flashers, personnel, warnings, barricades and 166other devices for safely and legally handling pedestrian, bicycle, and motor 167traffic.” 168 169(IX) Amend 107.14 – Barricades and Warning Signs to read as follows: 170 171“107.14 (Unassigned).” 172 173(X) Amend 107.15 – Use of Explosives or Combustibles to read as follows: 174 175“107.15 (Unassigned).” 176 177(XI) Amend 107.16 Protection and Restoration of Property and 178Landscaping to read as follows: 179 180“107.16 Protection of Persons and Property. 181 182 (A) Contractor’s Responsibility for Damage to Property. All 183 damage, injury or loss to any property caused during the course of, or 184 arising out of the work, whether or not caused by negligent acts or 185 omissions, shall be the responsibility of the Contractor and shall be 186 remedied promptly by the Contractor. This provision shall not affect the 187 Contractor’s legal rights of subrogation, contribution, and indemnity to 188 recover the costs of remedial measures and other damages to which it 189 may be entitled. 190 191 (B) Safety Precautions and Programs. The Contractor shall notify 192 owners of adjacent properties and of underground (or overhead) utilities 193 when performing work which may affect the owners; and shall cooperate 194 with the owners in the protection, removal and replacement of their 195 property. 196

7 (Project No.) 8 107-4a 10/01/10 197 The Contractor shall not permit any load to be placed on the work, 198 any structure, or roadway or any other location that may endanger the 199 safety of any persons or cause damage to any property. The Contractor 200 shall not injure or destroy trees or shrubs that are identified in the contract 201 documents for preservation nor remove or cut them without permission of 202 the Engineer. Contractor shall protect all land monuments and property 203 marks until an authorized agent has witnessed or otherwise referenced 204 their location and shall not remove them until directed. 205 206 In the event the Contractor encounters on the site material 207 reasonably believed to be asbestos or other hazard material that has not 208 been rendered harmless, the Contractor shall stop work in the area and 209 notify the Engineer promptly. The work in the affected area shall be 210 resumed in the absence of hazard materials or when the hazard has been 211 rendered harmless. 212 213 (C) Notification to the Engineer. The Contractor shall notify the 214 Engineer in writing not later than noon of the following working day 215 whenever: 216 217 (1) Police, fire or other public safety officers are called to the 218 work site for any reason or are present at the work site for any 219 public safety related reason. 220 221 (2) Any person is treated or evacuated from the work site by 222 emergency medical services personnel. 223 224 (3) Any member of the public claims to have been injured at the 225 work site. 226 227 (4) The Contractor witnesses a member of the public being 228 involved in an accident at the worksite, or on account of conditions 229 related to the work, whether or not visible injuries occur. 230 231 (5) Any representative of a Federal, State, or County 232 regulatory or enforcement agency is present at the work site 233 including but not limited to any representative of Department of 234 Health, EPA, OSHA, and public works.” 235 236(XII) Amend 107.17 Protection of Rivers, Streams, Impoundments, 237Forests and Archeological, Historical, and Burial Site Findings to read as 238follows: 239 240“107.17 Pollution Control and Protection Of Archeological, Historical, 241and Burial Sites. 242 243 (A) Erosion, Siltation and Pollution Control. The Contractor shall 244 exercise precaution to prevent silting and pollution of oceans, rivers, 245 streams, lakes, and reservoirs and other bodies and conveyances of 246 water. 9 (Project No.) 10 107-5a 10/01/10 247 248 The Contractor shall provide for pollution and erosion control 249 during the work including periods of suspension of contract performance. 250 If material begins to erode, the Contractor shall act immediately to bring 251 the siltation, erosion, and pollution under control. See Section 209 – 252 Temporary Water Pollution, Dust and Erosion Control. 253 254 Follow guidelines in the City and County of Honolulu’s “Best 255 Management Practices Manual for Construction Sites in Honolulu”, in 256 developing, installing, and maintaining BMPs for all projects. Follow City 257 and County of Honolulu’s “Rules for Soil Erosion Standards and 258 Guidelines” for all projects on Oahu. Use appropriate Soil Erosion 259 Guidelines for Maui, Kauai, and Hawaii projects. 260 261 (B) Archaeological, Historical, and Burial Sites. Whenever the 262 Contractor encounters sites of potentially historic or archaeological 263 significance such as walls, platforms, pavements and mounds, or 264 remains such as artifacts, burials, concentration of charcoal or shells, 265 work shall cease in the immediate vicinity of the site and the site shall be 266 protected from damage. The Contractor shall suspend any work that 267 may affect the site and inform the Engineer immediately. Upon direction 268 by the Engineer, the Contractor shall provide and install temporary 269 fencing to protect such sites. The Contractor shall not resume the work 270 suspended without the prior written direction of and subject to the 271 conditions set by the Engineer.” 272 273(XIII) Amend 107.21 Contractor’s Responsibility for Utility Property and 274Services to read as follows: 275 276“107.21 Utilities and Services. 277 278 (A) Contractor’s Duty to Coordinate Utility Work. The Contractor 279 shall contact and cooperate with each affected utility owner in order for the 280 work to progress on schedule and without unreasonable disruption of such 281 utility services. If the work calls for permanent utility service installations 282 or corrections to, or modifications of existing utilities, the Contractor is 283 responsible for scheduling and coordinating such work with appropriate 284 utility owners. If the work required by the contract documents conflicts 285 with the instructions, demands, or requirements of a utility owner, the 286 Contractor shall notify the Engineer immediately. The Contractor shall 287 furnish the Engineer with evidence that the Contractor has provided all 288 relevant utility owners reasonable opportunity to review the drawings. 289 290 When the State has a separate agreement with a utility owners for 291 work to be performed within the worksite, at the direction of the Engineer 292 the Contractor shall make available all portions of the work and the 293 worksite necessary for the utility owners to do their work. 294 295 The Contractor hereby holds the State harmless against all risks 296 arising from acts or omissions of utility owners that damage the work, or 11 (Project No.) 12 107-6a 10/01/10 297 create delays, disruptions, and additional cost to the Contractor in the 298 performance of the work. Contract time for the work may be extended in 299 accordance with Subsection 108.06 - Contract Time on account of acts 300 and omissions of utility owners that delay the work without fault of the 301 Contractor. 302 303 The Contractor may relocate or adjust the utility lines or service 304 connections for its convenience with the permission of the owner of the 305 utility and the Engineer at no increase in contract price or contract time. 306 307 (B) Contractor’s Duty to Locate and Protect Utility. Before 308 beginning any work at the worksite, the Contractor shall: 309 310 (1) Ascertain and mark the exact location and depth of all 311 utilities within the project area including taking reasonable steps to 312 detect the existence and location of utilities not shown on the 313 drawing. 314 315 (2) Acquaint all personnel working near utilities with the type, 316 size, location, and depth of the utilities, as well as the 317 consequences that might result from disturbances. 318 319 (3) Take reasonable steps to protect the utilities and prevent 320 service disruption. 321 322 (C) Discovery of Unknown Utility; Damage to Utility. Upon 323 discovery of a utility that was not shown to exist in the contract 324 documents, or is found at a location that is substantially different than 325 shown in the contract documents, the Contractor shall promptly notify the 326 Engineer before the utility and its surrounding area are further disturbed. 327 The Contractor shall be responsible for the safety and protection of the 328 public and the utility subject to further direction from the Engineer. 329 Whenever the Contractor damages a utility or causes any interruption to 330 any utility service, the Contractor shall promptly notify the Engineer, the 331 affected utility owner, and the appropriate governmental authorities. The 332 Contractor shall cooperate with the affected utility owner, and the 333 appropriate governmental authorities in the restoration of service If the 334 damage is to a utility that is known, or should have been discovered 335 before the damage occurred, the Contractor shall be responsible for all 336 costs associated with its repair and restoration of service, at no increase 337 in contract price or contract time.” 338 339(XIV) Add the following: 340 341“107.25 Contaminated or Hazardous Items and Material; Regulated 342Items and Material; Waste. 343 344 (A) Known or Suspected Contaminated or Hazardous Items and 345 Material. If the contract documents have noted an area of known or 346 suspected contaminated or hazardous items or material within the project 13 (Project No.) 14 107-7a 10/01/10 347 limits, in the absence of specific orders from the Engineer or directions in 348 the contract documents, the Contractor shall report the discovery of such 349 items or material to the appropriate governmental agencies, cooperate 350 with all investigations and either remediate or remove and dispose of such 351 items and/or material as part of the contract price unless otherwise noted 352 in the contract documents. Upon encountering any such items or 353 material, the Contractor shall immediately notify the Engineer. 354 355 (B) Unknown Contaminated or Hazardous Items and Material. If 356 the Contractor encounters or exposes any items, material or other 357 conditions within the worksite not previously known or suspected to be 358 contaminated or hazardous, but which exhibits properties which may 359 indicate the presence of such items or material, the Contractor shall 360 immediately notify the Engineer. Claims by the Contractor for additional 361 money or time arising from work involving such items, material or other 362 conditions, including the cost and time associated with notifying and 363 providing written reports to government agencies listed below, shall be 364 subject to the terms and conditions of Subsection 104.12 – Differing Site 365 Conditions. 366 367 (C) Contractor’s Duty to Report. Whenever the Contractor 368 encounters or exposes any hazardous or contaminated items, material or 369 conditions at the worksite whether the existence of which was previously 370 known, suspected, or unknown, the Contractor shall notify the State 371 Department of Health/HEER office, the Federal Environmental Protection 372 Agency, the U.S. Coast Guard, the National Response Center, and 373 other appropriate government agencies, and comply with any directives 374 or instructions provided by them. 375 376 (D) Material and Waste Brought to the Worksite. The Contractor 377 shall assume sole responsibility for 378 379 (1) The management of all regulated materials and items 380 brought to the worksite; and 381 382 (2) The management of all waste generated by or incidental to 383 the Contractor’s operations, including but not limited to lubricants, 384 antifreeze, engine fluids, paints, and solvents. 385 386 Management of such materials and items includes, but is not 387 limited to, their transport, storage, handling, and disposal. 388 389 (E) Reimbursement of State Expenses. In addition to all other 390 remedies provided by law or contract, the State may withhold from or 391 recover from the Contractor any money it is required to expend to 392 remediate, remove, or dispose of any such items and material, as well 393 as the cost of any fines or impositions made by appropriate enforcement 394 agencies arising from the management of such items and material, 395 whether or not the Contractor exercised due care.” 396 15 (Project No.) 16 107-8a 10/01/10 397107.26 Assignment or Change of Name. 398 399 (A) General. The Contractor shall not sell, transfer, assign, or 400 otherwise dispose of this contract or any part hereof or any right, title, or 401 interest herein without the written consent of the Engineer. 402 403 The Contractor may assign money due or to become due under the 404 contract and such assignment will be recognized by the State, if given 405 written notice thereof, to the extent permitted by law. Any assignment 406 of monies shall be subject to all set-offs in favor of the State and to all 407 deductions provided for in the contract including but not limited to 408 liquidated or actual damages for delay and money retained by the State 409 for the completion of the work in the event that the Contractors should be 410 in default. 411 412 (B) Recognition of a Successor in Interest; Assignment. When 413 in the best interest of the State, a successor in interest may be 414 recognized in an assignment agreement in which the Contractor and the 415 transferee and the State shall agree that: 416 417 (1) The transferee assumes all of the Contractor’s obligation; 418 419 (2) The Contractor remains liable for all obligations under the 420 contract but waives all rights under the contract against the State; 421 and 422 423 (3) The Contractor shall continue to furnish, and the transferee 424 shall also furnish, all required bonds. 425 426 (C) Change of Name. When a Contractor requests to change the 427 name in which it holds a contract with the State, the Engineer shall, upon 428 receipt of a document indicating such change of name (for example; an 429 amendment to the articles of incorporation of the corporation), enter into 430 an agreement with the requesting Contractor to effect such a change of 431 name. The agreement changing the name shall specifically indicate that 432 no other terms and conditions of the contract are thereby changed. 433 434107.27 Responsibility For Damage Claims; Indemnity. The 435Contractor shall compensate and make whole the State for all loss or damage to 436the State’s property and facilities arising out of any act or omission in the 437performance of the work by the Contractor, any subcontractor, or their 438employees and agents. 439 440 The Contractor shall defend, hold harmless, compensate, and indemnify 441the State, its employees and officers, against any loss, demand, claim, 442liability, suit, action, cause of action, judgment, cost and expenses including 443attorney’s fees, based upon personal injury, death, or property damage which 444arise out of the Contractor’s performance under the contract, including the 445operations and performance of one or more subcontractors, whether or not a 446lawsuit is filed against the State and whether or not the Contractor is named as a 17 (Project No.) 18 107-9a 10/01/10 447party to any such lawsuit, unless and until a court of competent jurisdiction 448makes a final non-reviewable determination that the personal injury, death, or 449property damage was caused solely by the negligence of the State. 450 451 The State may participate in the defense of any claim or suit brought 452against its officers or employees, without relieving the Contractor of any 453obligation hereunder. The purchase of liability insurance shall not relieve the 454Contractor of the obligations described herein. If the Contractor and its insurer 455fail to undertake the defense of the State, its employees and officers, after a 456tender of defense has been duly made, the State may retain and withhold 457money to cover the Contractor’s obligation whether or not the Contractor is 458terminated for cause. 459 460 The Contractor shall pay all just claims for materials, supplies, tools, 461labor and other just claims against the Contractor or any subcontractor in 462connection with this contract, and the payment bond or security will not be 463released by final acceptance and payment by the State unless all such claims 464are paid or released. The State may, but is not obligated to, withhold or retain 465as much of the monies due or to become due the Contractor under this contract 466considered necessary by the Engineer to cover such just claims until satisfactory 467proof of payment or the establishment of an acceptable payment plan. 468 469107.28 Right to Audit Records, Records Maintenance, Retention and 470Access. Pursuant to HRS Chapter 103D-317 the State, at reasonable times 471and places, may audit the books and records of a Contractor, prospective 472contractor, subcontractor and prospective subcontractor relating to the 473Contractor’s or subcontractor’s cost or pricing data. Any such audits may be 474conducted by Federal and State employees or by consultants working on behalf 475of the State. The Contractor and subcontractor(s) shall maintain the books and 476records for a period of three years from the date of final payment under the 477contract. 478 479 The Contractor and its subcontractors shall, in accordance with generally 480acceptable accounting practices, maintain fiscal records and supporting 481documents and related files, papers, and reports that adequately reflect all 482direct and indirect expenditures and management and fiscal practices related to 483the Contractor and subcontractor’s performance of work under this contract. 484 485 The representatives of the State, (and Federal government 486representatives when federal funds are utilized), have the right to inspect and 487copy any book, document, paper, file, or other record , that is related to the 488performance of the work of the Contractor and any subcontractor. 489 490 The Contractor shall provide full cooperation during any audit or inspection 491and shall insure that its subcontractors comply with this requirement. The 492Contractor shall bear all costs (including attorney’s fees) of enforcement in the 493event of its or its subcontractor’s failure or refusal to fully cooperate. 494 495 This right of inspection and audit shall not be limited to the required 496retention period but shall last as long as records are retained. The Contractor 19 (Project No.) 20 107-10a 10/01/10 497and subcontractor shall retain all records related to the Contractor and 498subcontractor’s performance of work under this Agreement for three years from 499the date of final payment, except that if any litigation , claim, negotiation, 500investigation, audit or other action involving the records has been started before 501the expiration of the three year period, the Contractor and subcontractors shall 502retain the records until final resolution of all issues that arise from it, or until the 503end of the three year retention period, whichever occurs later. 504 505107.29 Insurance Requirements. 506 507 (A) Obligation of Contractor. Contractor shall obtain all required 508 insurance as part of the contract price. The Contractor shall not 509 commence any work until it obtains all required insurance. All required 510 insurance must be maintained with a company authorized by law to issue 511 such insurance in the State of Hawaii. The Contractor shall maintain all 512 insurance until final acceptance of the work by the State. 513 514 A certificate of insurance shall be from an identify if the insurance 515 company or agency licensed in is a “captive” insurance company or a 516 “Non-Admitted” carrier to the State of Hawaii. The Best’s rating must be 517 stated for the “Non-Admitted” carrier. Certificates shall contain a 518 provision that coverages being certified will not be cancelled or materially 519 changed without giving the Engineer at least 30 days prior written notice 520 by registered mail. If the State and its officers and employees are to be 521 Additional Insureds on any of the required insurance, it shall be so noted 522 on the certificate. Should any policy be cancelled before final 523 acceptance of the work by the State, and the Contractor fails to 524 immediately procure replacement insurance as specified, the State, in 525 addition to all other remedies it may have for such breach, reserves the 526 right to procure such insurance and deduct the cost thereof from any 527 money due to the Contractor. 528 529 Nothing contained in these insurance requirements is to be 530 construed as limiting the extent of Contractor’s responsibility for payment 531 of damages resulting from its operations under this contract, including the 532 Contractor’s obligation to pay liquidated damages, nor shall it affect the 533 Contractor’s separate and independent duty to defend, indemnify and 534 hold the State and its officers and employees, harmless pursuant to other 535 provisions of the contract documents. The State’s exercise of an option 536 to occupy and use portions of the work does not relieve the Contractor of 537 its obligation to maintain the required insurance until the date of final 538 acceptance. 539 540 All insurance described herein shall be primary and cover the 541 insured for all work to be performed under the contract, including 542 changes, and all work performed incidental thereto or directly or indirectly 543 connected therewith, including but not limited to traffic detours, 544 barricades, warnings, diversions, lane closures, and other work 545 performed outside the work area. 546 21 (Project No.) 22 107-11a 10/01/10 547 Upon request, the Contractor shall furnish the Engineer, a copy of 548 required policies or other proof of coverage satisfactory to the Engineer, of 549 each type of insurance covering the work. Failure to comply with the 550 Engineer’s request may result in suspension of the work, and shall be 551 sufficient grounds to withhold future payments due the Contractor and to 552 terminate the contract for the Contractor’s default. 553 554 (B) Types of Insurance. Contractor shall purchase and maintain 555 insurance described below: 556 557 (1) Commercial General Comprehensive Personal Injury 558 and Property Damage Liability (Occurrence form). Minimum 559 limit of $2,000,000 combined single limit per occurrence for each of 560 the following: 561 562 (a) Products - Completed/Operations Aggregate, 563 564 (b) Personal & Advertising Injury, and 565 566 (c) Bodily Injury & Property Damage Iinsurance. with the 567 following minimum limits of liability: 568 569 Products - Completed/Operations Aggregate $2,000,000 570 571 Personal and Advertising Injury $2,000,000 572 573 Bodily Injury and Property Damage $2,000,000 each occurrence 574 575 The State of Hawaii, its officers and employees, shall be as 576 additional insureds under these coverages. 577 578 (2) Comprehensive Automobile Liability. insurance with 579 the following mMinimum limits of liability:$1,000,000 combined 580 single limit per accident for bodily injury and property damage. 581 582 Bodily Injury Liability $1,000,000 (Per accident) 583 584 Property Damage Liability $1,000,000 585 586 The State of Hawaii, its officers and employees, shall be as 587 additional insureds under these coverages. 588 589 (3) Workers Compensation. Workers' Compensation 590 insurance coverage shall be for all persons whom the Contractor 591 and all its subcontractors employ in carrying out the work under this 592 contract. This insurance shall be in strict conformity with the 593 requirements of the most current and applicable State of Hawaii 594 Worker’s Compensation Insurance laws in effect on the date of the 595 execution of this contract and as modified during the duration of the 596 contract. 23 (Project No.) 24 107-12a 10/01/10 597 598 (C) Breach of Duty by Contractor or Insurer. If either the 599 Contractor or its insurer wrongfully fails to defend or indemnify the State of 600 Hawaii, its officers and employees, against any claims, the State may 601 debar or suspend the Contractor from bidding, or working on construction 602 projects, and may refuse to permit the insurer to provide insurance on 603 State construction projects. 604 605 The State may exercise these remedies in addition to other legal or 606 equitable remedies it may have against the Contractor, insurer, or both. 607 608 (D) Subcontractor Insurance. The Contractor shall either: 609 610 (1) Require its subcontractors to procure and to maintain during 611 the life of its subcontract, subcontractor’s comprehensive general 612 liability, automobile liability and property damage liability insurance 613 of the type and in the same amounts specified herein and further 614 require that such coverage be required by its subcontractors from 615 all lower tier subcontractors.; On all such insurance coverages, 616 the State of Hawaii, its officers and employees, shall be additional 617 insureds. 618 619 (2) Insure the activities of its subcontractors and their lower tier 620 subcontractors in its own policy. 621 622 (E) Self-Insured Retention. The Contractor shall be permitted, in 623 cooperation with its insurers, to maintain a self insured retention for up to 624 25 percent of the per occurrence combined single limits of the commercial 625 general liability and the automobile liability policies required by the 626 contract documents. The existence of the self-insured retention must be 627 noted on the certificate of insurance coverage submitted to the State or 628 else it will be understood that the insurer is providing first dollar coverage 629 for all claims. For all claims within the self-insured retention amount, 630 the rights, duties and obligations between the Contractor and the State 631 shall be identical to that between a liability insurer and the State, as an 632 additional insured, as if there was no self-insured retention. 633 634107.30 Overtime and Night Work. Normal working hours shall be from 6357:00 a.m. to 3:30 p.m., Monday through Friday, excluding holidays. Work 636performed between 3:30 p.m. and 7:00 a.m. of the following day is “night work”. 637 638 Overtime work shall be considered as work performed in excess of eight 639hours in any one day or work performed on Saturday, Sunday or legal holiday of 640the State. Overtime and night work are permissible when approved by the 641Engineer in writing, or as called for elsewhere within the contract documents. 642The Contractor shall inform the Engineer in writing at least three working days in 643advance of its intent to work overtime and 10 working days in advance of any 644night work. In addition the Contractor shall inform the Engineer of what specific 645work is to be done during any overtime and night period. When, in the opinion 646of the Engineer, an emergency exists where overtime or night work is warranted, 25 (Project No.) 26 107-13a 10/01/10 647the written notice requirement may be waived and verbal approval of the 648Engineer will be sufficient. The Engineer may cancel any overtime or night 649work previously approved when the Engineer finds that work during these 650periods is detrimental to public welfare, safety, or the interest of the State. 651 652107.31 Overtime and Night Payment for State Inspection Service. 653 654 (A) State’s Responsibility for State’s Cost. The State shall be 655 responsible for overtime or night work payment for State’s staff and 656 inspection personnel including consultants when the contract requires 657 overtime or night work to be performed, or directs the Contractor to work 658 additional shifts or overtime for State’s convenience. 659 660 (B) Contractor’s Responsibility for State’s Cost. The Contractor 661 shall be responsible for overtime or night work payment for State’s staff 662 and inspection personnel including consultants when the Contractor does 663 any other overtime or night work. 664 665 The Contractor shall pay the following costs incurred by the State: 666 667 (1) The payroll costs for the State’s staff and inspection 668 personnel assigned in connection with such work, including but not 669 limited to salaries, the State’s share of contributions to the 670 employee’s retirement, medical plan, social security, vacation, 671 sick leave, worker’s compensation funds, per diem, and other 672 applicable fringe benefits and overhead expenses, incurred on 673 account of such work. 674 675 (2) The transportation costs incurred by the State’s staff and 676 inspection personnel, which are based on established rental rates 677 or mileage allowance in use by the State for the particular 678 equipment or vehicle. 679 680 (3) Fees and other costs billed the State by consultants 681 engaged on the project for overtime and nighttime work. 682 683 (C) Payment for Inspection Service. The monies due the State for 684 costs described herein shall be deducted from the monies due or to 685 become due the Contractor. The Contractor shall not pay the State’s 686 employees directly.” 687 688(III) Add 107.32 – Citizen and Residential Labor Force. 689 690“107.32 – Citizen and Residential Labor Force. 691 692 (1) Citizen Labor - No person shall be employed as a laborer or 693 mechanic unless such person is a citizen of the United States or eligible to 694 become one; provided that persons without such qualifications may be 695 employed with the approval of the Governor until persons who are citizens 696 and are competent for such services are available for hire. 27 (Project No.) 28 107-14a 10/01/10 697 698 (2) Residential Labor Force - In accordance with Act 68; SLH 2010, not 699 less than eighty (80) percent of the bidder's work force working on the 700 contract shall be provided by Hawaii residents. This act applies to all 701 construction procurements under HRS Chapter 103D; however this act 702 does not apply to procurements for professional services under Section 703 103D-304 and small purchases under Section 103D-305. This act is also 704 applicable to any subcontract of $50,000.00 or more in connection with 705 this contract. Residency shall be as defined by HRS Section 78-1. 706 707 (3) Percentage of workforce shall be determined by dividing the labor 708 hours (including subcontractors) provided by residents working on the 709 project divided by the total number of hours worked by all employees of 710 the contractor in the performance of the contract. Hours worked by 711 employees within shortage trades as determined by the department of 712 labor and industrial relations, shall not be included in the calculation of this 713 percentage. 714 715 (4) Certification of compliance with the forgoing provisions shall be 716 made by the contractor in the form of a written oath to the procurement 717 officer on a monthly basis for the duration of the contract. 718 719 (5) Sanctions for non compliance with these provisions are as follows: 720 721 (a) Temporary suspension of work on the project until the 722 contractor or subcontractor complies with these provisions. 723 724 (b) Withholding of payment on the contract until compliance is 725 attained. 726 727 (c) Permanent suspension of work on the contract. 728 729 (d) Recovery of any moneys expended on the contract. 730 731 (e) Debarment or suspension of the contractor under Section 732 103D-702. 733 734 This section shall not apply when its application will disqualify the State 735from receiving federal funds or aid." 736 737 738 739 740 741 742 END OF SECTION 107 743 744

29 (Project No.) 30 107-15a 10/01/10