summary of changes (v16.08) 1. paragraph 1.03d (dags websites): update dags website addresses. 2. various paragraph f

Summary of Changes (v16.08)
1.
Paragraph 1.03D (DAGS Websites): Update DAGS website addresses.
2.
Various paragraph formatting revisions (remove extraneous spaces,
etc.).
Special Conditions
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TG 00800
========
TECHNICAL GUIDE
---------------
1. COORDINATION ISSUES:
1.1 The information contained in and required by this section has
serious contract implications. Ensure there are no errors in the final
specification section.
1.2 If a Project requires that substitutions be allowed before bid
opening, use the option paragraph in SECTION 00800 - SPECIAL
CONDITIONS that allows substitutions. Obtain PWA approval. The
standard for DPW is no provisions for pre-bid substitutions.
2. DESIGN ISSUES: (Not used)
3. DRAWING NOTES: (Not Used)
4. STANDARD DRAWINGS: (Not Used)
5. SPECIFICATION NOTES: (Not Used)
6. GUIDE SPECIFICATION: (Not Used)
6.1 SECTION 00800 - SPECIAL CONDITIONS is attached. Use this section
with all projects.
SPECIFIER’S NOTE: Blue colored texts are Notes to the Specifier and
should be completely deleted from the final text. Where [red colored
text in brackets] is shown in this specification section, insert
wording, numbers, etc. as appropriate and delete brackets. Where colored text in brackets> is shown, choice is indicated. Make the
appropriate choice and delete the brackets. Maintain footer notation
in italics with the current version used (e.g. TG 00800 v16.08).
Verify that section titles cross referenced in this Section correspond
to this Project’s specifications; Section titles may have changed.
Do not include the Project Name (etc.) line in the footer. Use the
following format for the specification footer.
TG 00800 v16.08 Special Conditions
DAGS Job No. [00-00-0000] 00800 - 1
End Footer Sample
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.
SPECIFIER NOTES: Add paragraph 1.01 B. for matters affecting the basic
legal rights that change or modify the GENERAL CONDITIONS and vary
from one project to another.
B. Revisions to the General Conditions: The following conditions
included in this paragraph 1.01 B. and subparagraphs shall govern
respective items in the published INTERIM GENERAL CONDITIONS 1999
Edition and in SECTION 00700 - GENERAL CONDITIONS, paragraph entitled
REVISIONS TO THE GENERAL CONDITIONS.
SPECIFIER’S NOTES: Under Section 00700, substitutions before bid
opening are not allowed. Where directed by the Project Coordinator
that substitutions before Bid opening are to be used insert the
following subsections that modify SECTION 00700 - GENERAL CONDITIONS
section 2.6.
<1. Under ARTICLE 2 - PROPOSAL REQUIREMENTS AND CONDITIONS, Modify
Section 2.6 - SUBSTITUTION BEFORE CONTRACT AWARD by deleting
subsections 2.6.1 through 2.6.3 and substituting the following four
new subsections:
“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
or in subsection 2.6.4, 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.
2.6.4 Obtaining Approval for Products with Variant Features: Prior to
the bid opening, Offerors may submit only product with variant
features to qualify as equivalent products. Offerors shall comply with
these procedures:
2.6.4.1 The written substitution request shall be submitted to the
Department and received no later than the time and date shown in the
SPECIAL CONDITIONS. Submit three sets of the request, technical
information and the description of variances. Address the request to
the Public Works Administrator; refer to the appendix for a sample
form. Deliver the request in a sealed envelope to the Department of
Accounting and General Services, Public Works Division, Oahu Office.
Label the envelope with the words “SUBSTITUTION REQUEST”. Offerors are
responsible to assure their requests are received and time stamped at
the Public Works Division Oahu Office prior to the submission
deadline.
2.6.4.2 Offerors shall identify all deviations or variances of the
proposed substituted product from the specified requirements of the
bidding documents. Variances shall be clearly shown on technical
information, descriptive sheets and other similar evidentiary item so
that the Department may evaluate each variant feature listed.
2.6.4.3 Substitution requests that do not comply with the provisions
of this subsection will be denied.”>
SPECIFIER’S NOTE: GENERAL CONDITIONS subsection 3.11.1 modifications
are to allow contractors the choice of ordering materials upon the
receipt of the executed contract and a written authorization from the
Contracting Officer before DAGS issues the formal NOTICE TO PROCEED
(referred to as OPTION 1 in Solicitation, Offer and Contract Form
Attachment A). For each project, Use OPTION 1 for standard bids. Make
sure to coordinate the SCHEDULE FOR Work article in the SOLICITATION,
OFFER, AND CONTRACT FORM. Delete subsection 3.11.2 below if OPTION 1
is selected.
<2. 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.”>
SPECIFIER’S NOTE: GENERAL CONDITIONS subsection 3.11.1 modifications
are for short time frame construction projects with critical deadlines
where the Award of Contract is concurrent with the Notice to Proceed
(referred to as OPTION 2 in Solicitation, Offer and Contract Form
Attachment A). For each project, The Public Works Administrator must
approve this process. Make sure to coordinate the SCHEDULE FOR Work
article in the SOLICITATION, OFFER, AND CONTRACT FORM. Delete
subsection 3.11.2 if OPTION 2 is selected.
<2. 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
substitute the following:
“3.11.1 The Letter of Award also serves as the formal Notice to
Proceed, and the Contractor is authorized to proceed with the work
immediately. In the event that the Contractor refuses or neglects to
start the work within seven consecutive days from the Project Start
Date, the Comptroller may terminate the contract in accordance with
the GENERAL CONDITIONS “Termination of the Contract for Cause”
section.”>
SPECIFIER’S NOTE: Selection of time period from bid open to notice to
proceed is required. This is a standard special condition to be
included in all projects unless specifically directed otherwise.
Project coordinator shall determine this time period. As a general
guideline, no less than 120 days for projects that do not require a
building permit, and no more than 180 days for projects that require a
standard building permit.
SPECIFIER’S NOTE: For projects with special requirements where the
time period is less than 120 days or more than 180 days the project
coordinator shall obtain the approval of the PWA prior to preparing
the final bid documents.
<3. 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 hundred and twenty (120)> <[fill in the
amount]>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 <120><180><[fill in the amount]> 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.”>
SPECIFIER’S NOTE: For projects with Federal funding, verify with the
Project Coordinator if HRS §103-55.6 (Act 17, SLH 2009) –
Apprenticeship Agreement conflicts with federal law, or if the
application of this section will disqualify the State from receiving
Federal funds or aid. If there are conflicts, insert the following
paragraph that deletes GENERAL CONDITIONS Section 7.9A –
APPRENTICESHIP AGREEMENT CERTIFICATION.
<4. Under ARTICLE 7 - PROSECUTION AND PROGRESS, delete Section 7.9A –
APPRENTICESHIP AGREEMENT CERTIFICATION. This project is federally
funded and HRS §103-55.6 (Act 17, Session Laws of Hawaii 2009) is in
conflict with federal law, or the application of the apprenticeship
agreement will disqualify the State from receiving Federal funds or
aid. Therefore, Section 7.9A shall not apply.
SPECIFIER’S NOTE: For projects with Federal funding, verify with the
Project Coordinator if Act 68, Session Laws of Hawaii 2010 -
EMPLOYMENT OF STATE RESIDENTS REQUIRMENTS conflicts with federal law,
or if the application of this section will disqualify the State from
receiving Federal funds or aid. If there are conflicts, insert the
following paragraph that deletes GENERAL CONDITIONS Section 7.39 –
EMPLOYMENT OF STATE RESIDENTS REQUIREMENTS.
<5. Under ARTICLE 7 - PROSECUTION AND PROGRESS, delete Section 7.39 –
EMPLOYMENT OF STATE RESIDENTS REQUIREMENTS. This project is federally
funded and Act 68, Session Laws of Hawaii 2010 is in conflict with
federal law, or the application of the apprenticeship agreement will
disqualify the State from receiving Federal funds or aid. Therefore,
Section 7.39 shall not apply.
SPECIFIER’S NOTE: For Projects that have a short construction period
insert the following two paragraphs that revise GENERAL CONDITIONS
subsections 7.21.5.2(a) and 7.21.8.6 to allow the Contractor to claim
for Time Extensions due to bad weather days. Project Coordinators must
determine if there is a need to adjust the 60 day Contract Time
threshold as listed below.
<6. Under ARTICLE 7 - PROSECUTION AND PROGRESS, modify section 7.21 -
CONTRACT TIME by adding new subsection 7.21.5.2(a) as follows:
“7.21.5.2(a) For contracts that have a contract time less than 60
days, time extensions for bad weather conditions may be granted by the
Contracting Officer. The Contractor shall notify the Contracting
Officer and submit documentation showing the magnitude and duration of
the weather conditions; and shall justify how this weather condition
affected the critical construction activities and the project
completion date. Comply with the notification requirements of
paragraphs 7.21.5.1 and 7.21.5.3.”
7. Under ARTICLE 7 - PROSECUTION AND PROGRESS, modify section
7.21-CONTRACT TIME delete subsection 7.21.8.6 and substitute the
following:
“7.21.8.6 Days the Contractor is unable to work due to normal rainfall
or other conditions, except as noted in clause 7.21.5.2(a).”>
SPECIFIER NOTES: Use paragraph 1.02 B. if substitutions before bid are
allowed.
1.02 SUBMITTAL DATES FOR CLARIFICATIONS [AND SUBSTITUTIONS]
A. Written requests must be received no later than 4:30 p.m., fourteen
calendar days prior to bid opening.
[B. The written substitution requests must be received by the Public
Works Division no later than 4:30 P.M. on .]
SPECIFIER NOTES: Fill in the name, position and telephone of the
contacts.
1.03 PROJECT CONTACT PERSON AND DAGS CONTACTS
A. Project Contact - For Contractor’s access to the site to view
conditions during bidding.
NAME: [Name]
POSITION OR TITLE: [Position/Title]
TELEPHONE NUMBER: (808) [xxx-xxxx]
B. DAGS Contact - For questions or clarifications on the plans and
specifications during bidding, offerors must submit by fax “QUESTIONS
AND CLARIFICATIONS” form found at the end of this section. For general
questions on the procurement requirements or processes call by
telephone.
Contracts Engineer, DAGS Staff Services Office
NAME Jolie Yee
FAX NUMBER (808) 586-0521
TELEPHONE NUMBER (808) 586-0512
C. Project Coordinator - Project Management Branch
NAME [Name]
D. Websites:
Public Works Division: http://pwd.hawaii.gov
DAGS: http://ags.hawaii.gov
E. Contacts During Construction: Address and process correspondence
through the Public Works Administrator for O‘ahu projects and the
respective District Manager for the DAGS Office(s) on
.
SPECIFIER’S NOTE: Contact Project Coordinator for the appropriate
amount of liquidated damages.
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 [$_______], per
calendar day of delay.
SPECIFIER’S NOTE: In paragraphs 1.04 B. & C. below, confirm with
Project Coordinator if the percentages to be used are different than
the 10 percent and 5 percent shown. Public Works Administrator’s
approval is required to change any percentage.
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.
SPECIFIER’S NOTE: In item 1.06, the normal working hours and days are
identified for the Contractor to prepare its Bid. If other working
times and conditions will be established, include the normal working
hours and any restrictions in the Summary Section.
1.06 WORKING HOURS
A. The regular working hours for this project are from 7:00 AM to 4:30
PM Monday through Friday, excluding State Holidays, unless otherwise
noted or restricted under SECTION 01100 - PROJECT REQUIREMENTS. In the
event of conflict, the working hours provisions of specification
SECTION 01100 - PROJECT REQUIREMENTS shall govern over this item 1.06.
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.
SPECIFIER’S NOTE: For projects with subsurface investigations,
reports, studies, boring logs, and other items that are not to be part
of the Contract Documents; list these documents for the Contractor’s
information.
1.07 REPORTS, SITE AND SUBSURFACE INVESTIGATIONS, BORING LOGS
A. The following reports, documents, and subsurface investigations are
available for inspection at DAGS Public Works Division, [Branch, Room]
[District Office]. These items are included for reference only and are
not part of the contract documents.
1. [Subsurface investigation and Boring Log report, dated and prepared
by ______________.]
2. [Weather Data Compilation, dated and prepared by ________.]
SPECIFIER’S NOTE: If there are any Specific Project Requirements that
modify or change the General Condition requirements or contractual
relationships include in item 1.08 below. Other conditions should be
located in SECTION 01100 - PROJECT REQUIREMENTS or SECTION 01500 -
TEMPORARY FACILITIES AND CONTROLS. If there are no requirements,
delete item.
For some projects, building, electrical and plumbing permits may not
be required, therefore Contractor is not responsible to pay for or
obtain the permits. Insert paragraph 1.08 B. only when deleting permit
requirements. Modify paragraph for specific permits if applicable to
the Project.
1.08 SPECIFIC PROJECT REQUIREMENTS
A. Permits - [Building, Electrical and Plumbing permits] [Building
permit] [Electrical permit] [Plumbing permit] not required
for this project; therefore, the Contractor responsible
to pay for or obtain these permits.
1.09 COMPREHENSIVE ANNUAL FINANCIAL REPORTING
A. For any project that involves work on multiple structures,
including non-building structures, whether it be new work or
renovation work, or when the project involves both site improvements
and a structure, the Contractor shall provide the following
information to the Contracting Officer for fixed asset allocation
purposes:
1. Within 30 calendar days of award as applicable to the project, the
following shall be submitted:
a. The total cost of each individual structure;
b. The total cost of on-site improvement work; and
c. The total cost of off-site improvement work.
2. After all work, including all change order work has been completed,
and prior to a request for final payment, the following shall be
submitted:
a. The total cost of each individual structure including any related
change order cost;
b. The total cost of on-site improvement work including any related
change order cost; and
c. The total cost of off-site improvement work including any related
change order cost.
3. The sum total cost of each category noted above shall total to the
contract amount awarded, plus all change order work issued.
a. The cost of each individual structure includes the cost of the
structure and any work within five (5) feet of the structure or
building line which may include, but is not limited to its foundation,
foundation earthwork, and utility improvements within and immediately
below the building line.
b. The on-site improvement cost includes all site improvement work
from five (5) feet and beyond the building line and up to the
project’s property line, which may include but is not limited to
clearing and grubbing, grading, drainage system, site utility,
walkway, parking lot, and landscape improvements.
c. The off-site improvement cost includes all off-site improvement
work outside the of the project’s property line, which may include but
is not limited to walkway, landscape, drainage, utility, and roadway
improvements.
PART 2 - PRODUCTS (Not Used)
PART 3 – EXECUTION (Not Used)
END OF SECTION
QUESTIONS AND CLARIFICATIONS (WRITTEN REQUESTS ONLY)
PROJECT NAME: ________________________________
PROJECT TITLE: ________________________________
DAGS JOB NO.: ________________________________
PROJECT COORDINATOR: ________________________________
_____________________________________________________
BID OPENING DATE: ___________________ (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. FAX to (808) 586-0521 or deliver to the
Public Works Administrator, Room 426, Kalanimoku Building, 1151
Punchbowl Street, Honolulu, Hawaii).

DESIGN CONSULTANT CRITERIA
v16.08
TG 00800 - 1

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