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SPECIAL PROVISIONSFor leased equipment, the copy of the lease agreement as listed inthe Statement of Capabilities shall be verified during the pre-startmeeting as specified in Section 10.15 Pre-start Meeting, of theSpecifications. The State reserves the right to verify the availabilityof equipment, prior to the Notice to Proceed date and throughoutthe term of the contract.B.6.Be familiar with working on State Highways preferably on theIsland of Oahu.7.Be experienced on establishing required traffic control per thecurrent U.S. Federal Highway Administration’s ‘Manual on UniformTraffic Control Devices (MUTCD). The Contractor may employ aperson or use a sub-contractor who is knowledgeable on trafficProposed Disposal Site Information (name and locationcontrol.8.of site). Siteshall be an approved/certified waste site. This information shall beprovided in the Statement of Capabilities and shall be verified prior tothe issuance of the Notice to Proceed to the lowest responsive andresponsible bidder. (Refer to Section 10.2(A)1, of the Specifications).9.Possess a valid disposal permit. This document shall be from anapproved/certified waste site and shall be provided with the Statementof Capabilities. (Refer to Section 10.2(A)2a of the Specifications)”Contractor, Contractor’s RME or Contractor’s PersonnelQualification.The Contractor shall determine the number of trained/certified staffpersonnel that he/she is going to employ in order to satisfactorily performall tasks and fulfill all the safety requirements of the contract documents,but shall employ the minimum number of personnel as specified belowwho is trained/certified/licensed/experienced on the following: 1.Lead Maintenance Person/Highway Maintenance SupervisorThe Contractor shall employ, as a minimum, one in his staff withthe following requirements. Refer to Section 2.1.B.1.c below forminimum requirements if the Bidder/Contractor has been awardedmultiple landscaping contracts at the time of bid of this project.a.Certification. At the date of bidding, possesses a validcertification as a Certified Landscape Technician (CLT)Exterior/Maintenance or equivalent.HWYO 2020 LANDSCAPE CONTRACT DOCUMENTS.DOCXSP-5-12/22/18

SPECIAL PROVISIONSb.Work Experience. At the date of bidding and pursuant to“The Highway Manual for Sustainable LandscapeMaintenance (HMSLM)”, possesses the following:i.a minimum of one (1) year of experience, insupervising personnel performing all aspects ofgeneral maintenance work on highway right of wayareas orii.at least two (2) years of experience in all aspects ofgeneral landscape maintenance.Refer to Section 1.42 HMSLM, of the Special Provisions forthe definition of “HMSLM.”c.d.The CLT Exterior/Maintenance (or equivalent certificate)Lead Maintenance Person/Highway Maintenance Supervisorshall be onsite at all times supervising maintenance staff.i.To effectively enforce this requirement,Bidders/Contractors with multiple landscapingcontracts with the Highways Division, OahuDistrict shall be required to employ a minimum of one(1) CLT Exterior/Maintenance (or equivalentcertificate) Lead Maintenance per two (2)landscaping contracts. Bids from Contractors withmultiple contracts may not be considered if certificateof CLT Exterior/Maintenance (or equivalentcertificate) Lead Maintenance has been submitted forthe past two awarded bids/contracts.ii.Pursuant to Section 8.6 Liquidated Damages, of theSpecial Provisions, the Contractor shall be chargedliquidated damages for failure to have CLTExterior/Maintenance (or equivalent certificate) LeadMaintenance Person/Highway MaintenanceSupervisor on site whenever landscaping maintenancework is in progress.iii.If the CLT Exterior/Maintenance (or equivalentcertificate) Lead Maintenance Person/HighwayMaintenance Supervisor is found not to be onsitemore than three (3) times in one contract year thencontract shall not be renewed.In the spaces provided in the Statement of Capabilities,HWYO 2020 LANDSCAPE CONTRACT DOCUMENTS.DOCXSP-6-12/22/18

SPECIAL PROVISIONSthe Contractor shall provide the following information (Referto Section 10.2(A) 1 Statement of Capabilities, of theSpecifications for more information on Statement ofCapabilities):i.ii.e.iii.Copy of the CLT Exterior/Maintenance or equivalentcertification.iv.Years of experience that fulfills the requirements ofSections 2.1. B.1. b. i or 2.1.B.1.b.ii above.The following certificates from the following trainingsources are acceptable:i.ii.iii.iv.2.Name of CLT Exterior/Maintenance or equivalentpersonnelWork experience similar to the scope of this contractthat fulfills the requirements of Sections 2.1. B.1. b. i or2.1.B.1.b.ii above.Landscape Industry Council of Hawaii (LICH)Professional Landscape Network (PLANET)Combined LICH or PLANETEquivalent certificates similar to items i through iiiabove.Traffic Control personnel. Refer to Section 2.1.B of the SpecialProvisions for the required minimum number of trained/certifiedpersonnel.a.If the Contractor is using his or her own workforce/personnel to perform flagging/traffic control/closingof lanes services, the Contractor shall fulfill the followingrequirements:i.Certification. At the date of bidding, theContractor or his personnel shall possess a validcertificate of training completion respectively. As aminimum, the Contractor or his/her personnel shallbe trained and certified on the following AmericanTraffic Safety Services Association (ATSSA) coursesor their respective equivalent from other trainingsources:1.2.Flagger,Traffic Control Technician (TCT) andHWYO 2020 LANDSCAPE CONTRACT DOCUMENTS.DOCXSP-7-12/22/18

SPECIAL PROVISIONS3.Traffic Control Supervisor (TCS).For more information on the above courses, log onto: http://www.atssa.com/Training4.The Contractor shall submit thefollowing acceptable documentation oftraining completion:a.b.5.ii.American Traffic Safety ServicesAssociation (ATSSA).Equivalent documentation to theabove.In the space provided in the Statement ofCapabilities form, the Contractor shall providethe following information and documentation(Refer to Section 10.2(A) 1 of theSpecifications for more information onStatement of Capabilities):a.Name of ATSSA certifiedpersonnel for each of the personnel inSection 2.1.B.2.a.i.1 through 3 above.b.Description of work experience foreach specified personnel similar to thescope of this contract,c.Years of experience for each specifiedpersonnel as of bid opening date.Years of experience shall meet therequirements of Section 2.1.B.2.a.iiof this section.Work experience. At the date of bidding, theContractor or Contractor’s traffic control personnelshall have a minimum of two (2) years’ experience asa certified Flagger, Traffic Control Technician (TCT)and traffic Control Supervisor (TCS) or theirrespective equivalent.1.Statement of Capabilities. In thespace provided in the Statement ofCapabilities form, the Contractor shallprovide the following information (Refer toSection 10.2(A) 1 of the Specifications forHWYO 2020 LANDSCAPE CONTRACT DOCUMENTS.DOCXSP-8-12/22/18

SPECIAL PROVISIONSmore information on Statement ofCapabilities):a.b.Number of years of experience.If the Contractor plans on using a subcontractor(s) toperform flagging/traffic control/closing of lanes, thesubcontractor shall fulfill the training and certificationrequirements as detailed in Section 2.1.B. 2. a. i of theSpecial Provisions and shall have sufficient equipment andtraffic control devices to perform traffic control services.Subcontracting and approval process shall be in accordancewith Section 8.2 Subcontracting, of the Special provisions.The Contractor shall obtain the Director’s writtenapproval to subcontract prior to the issuance of the Noticeto Proceed.In the space provided in the Statement of Capabilitiesform, the Contractor shall indicate his/her intent on usinga subcontractor who has the required experience, trainingand certification as specified under this section.”C.Ability to Communicate: Contractor personnel shall be able to speak andunderstand the English language and be able to communicate sufficientlyin order to perform their assigned work. Contractor personnel shall be ableto read, understand written materials such as manuals regulations,instructions, and others that personnel will be required to use in theperformance of their assigned work.D.Falsification of personnel qualifications, inability to successfully performthe work, or excessively high turnover of personnel assigned to this work,shall constitute a major breach of this contract and the contract shall besubject to termination.E.Supplementary Contractor Personnel Requirements1.Uniforms. Contractor employees on the job site shall be easilyidentified as Contractor’s employees by wearing a shirt, T-shirt orcoverall with the company name or logo. Contractor's employeesshall present a neat and clean appearance at all times. One colorand style of uniform shirt shall be selected which will be worn byall Contractor personnel. Cost of employee’s uniform (shirt, T-shirtor coverall) shall be incidental to the unit price of furnishingmaintenance of landscaped services.HWYO 2020 LANDSCAPE CONTRACT DOCUMENTS.DOCXSP-9-12/22/18

SPECIAL PROVISIONS2.Conduct of personnel. For security and safety reasons, theContractor shall prohibit his or her personnel from parking theirpersonally-owned vehicles along the highway right-of-way areas.The State reserves the right to disqualify the person based onperformance anytime during the contract. Upon disqualification,the Contractor has ten (10) working days to submit a qualifiedreplacement.The determination of the Contractor’s qualifications shall be made solely by theDirector and the Director’s decision shall be final.”2.Add the following new section:“2. 9 CERTIFICATE FOR PERFORMANCE OF SERVICES – Pursuant toSection 103-55, Hawaii Revised Statutes, and unless indicated otherwise, biddersshould submit the attached “Certificate for Performance of Services” in the eventbids are in excess of 25,000. The notarized certificate must be submitted to saidDepartment of Transportation, Highways Division, 727 Kakoi Street, Honolulu,Hawaii 96819, before entering into a contract to perform services.As of June 1, 2019, salaries of State employees for Bargaining Unit 01 who areperforming work similar to the work called for under this contract are as follows:Class TitleGeneral Laborer IGeneral Laborer IIGeneral Laborer IIIEquipment Operator IEquipment Operator IINursery Worker IIHighway Maintenance Supervisor I& IIBargaining GradeUnit (BU)SalaryScheduleBU 01BC-02BU 01BC-03BU 01WS-03BU 01BC-04BU 01BC-06BU 01WS-05BU 02F-105MinimumHourlyPay Rate 20.38 20.95 22.43 21.80 23.58 24.28 25.50The above information is provided to the Contractor for guidance only and issubject to change in accordance with existing collective bargaining contracts orshall change as contracts are renegotiated.It is the bidder’s responsibility to verify the accuracy of the wage ratescontained herein and to provide for changes in the minimum wages, whichmust be paid to personnel working on this project at all times. Information onHWYO 2020 LANDSCAPE CONTRACT DOCUMENTS.DOCXSP-10-12/22/18

SPECIAL PROVISIONSthe status of Bargaining Unit (BU) contracts, salary schedules, ClassSpecifications and minimum qualification requirements can be obtained from theState Department of Transportation, Highways Division, Personnel Managementoffice (587-2229) or on line at: -and-comp/Bidders are further advised that they are not restricted to hire only thoseclassifications of employees as listed but are free to employ such otherclassifications of workers as the bidder deems proper and proposes to use on theproject, as may be according to the bidder’s common hiring practice. However,the principal duties of employees other than those listed hereinabove working onthe project will be matched against those of State workers to determine theclosest equivalent State employee classification, and the Contractor mustcompensate such employee(s) at a rate which is no less than that of theequivalent State employee.”C.SECTION 4 - SCOPE OF WORK is amended as follows:1.4.2 PERFORMANCE OF WORK - is amended by adding the followingparagraph to the end of the subsection:“The Contractor shall perform work satisfactorily in the judgment of the Directorduring the contract period. If it appears at any time that the work contracted to beperformed is not satisfactory, the Director may require the Contractor to furnishand place in operation such additional force and equipment as the Director shalldeem necessary to bring the work up to satisfactory status. In case the Contractorfails to comply after ten (10) working days from the date of receipt of suchawritten order from the Director, the Director may employ a working force andequipment and charge the Contractor for the reasonable cost thereof includingdepreciation for equipment and or the Director may terminate the contract.”D.SECTION 5 - CONTROL OF WORK is amended as follows:1.5.3 COOPERATION OF CONTRACTOR AND DIRECTOR is amended byadding the following:“The Contractor shall have at each work site, at all times when work is scheduled, aresponsible individual who is able to understand and speak the English language.Such individual(s) shall have complete authority to communicate with the Inspectorand to relate the Inspector’s instructions to the Contractor or his workers. TheContractor shall submit the name(s) of such individual(s) before starting work onthe project and inform the Inspector in writing of any changes in such assignedresponsibilities.HWYO 2020 LANDSCAPE CONTRACT DOCUMENTS.DOCXSP-11-12/22/18

SPECIAL PROVISIONSThe Contractor shall furnish the State with a telephone number where he can bereached at all times during normal working hours. This is very important duringthe bidding period as well as the contract period.”2.5.4 INSPECTION is amended by adding the following paragraphs to the end of thesubsection:“The Director reserves the right to have all work as specified by the contractdocuments to be inspected by a State Inspector or by a StateContractor/Consultant-provided inspector. Refer to Subsections 1.12 and 1.19 ofthe Specifications for the definitions of Director and Inspector respectively.The Contractor shall maintain all books, documents, papers, records and otherevidence pertaining to payroll, employee’s name, wage rates and hours workedand to make such materials and information available at their respective offices atall reasonable times during the contract period and for three (3) years from thedate of final payment under the contract, for inspection by the State. Failure tocomply with the conditions of this Section during the contract period may resultin cancellation of the contract.”3.Add the following new subsection:“5.7 Landscape Maintenance CONTRACTOR PERFORMANCE RATING - TheContractor shall be rated every month or more often as determined by the Engineer basedon his performance for that period. The Contractor will be rated on seven (7)performance factors related to compliance with the contract specifications. Refer to theattached “Appendix H Landscape Maintenance Contractor Performance Rating, of theAppendices for the seven(7) performance factors and for the Contractor’s instructionprior to submitting his/her monthly invoice.Deduction(s) is/are made as specified in Section 10.19(C), Deductions of theSpecifications for documented rating of “Doesn’t meet specifications” to any of thetask.At the fourth-month period of the contract, the Engineer shall make adetermination whether to extend or not extend a contract. A consistentperformance rating of “Doesn’t meet specifications” and or a maximum of twofailures on any of the tasks observed throughout a three (3) month – period, shallbe grounds for non-extension of the contract. Rating of “Doesn’t meetspecifications” shall constitute “failure.”E.SECTION 7 - LEGAL RELATIONS AND RESPONSIBILITY is amended as follows:1.7.8 LABOR AND COMPENSATION REQUIREMENTS is amended byreplacing the first paragraph with the following:HWYO 2020 LANDSCAPE CONTRACT DOCUMENTS.DOCXSP-12-12/22/18

SPECIAL PROVISIONS“7.8 LABOR AND COMPENSATION REQUIREMENTS - Wages paid eachemployee employed by the Contractor shall be no less than those specified in Section2.9 of the Special Provisions. The Contractor shall submit certified payroll affidavitsin the form approved by the Department, showing full information on thefollowing:a.b.c.d.e.Name of each employee who worked during the reporting period,Their rates of pay,The number of hours worked,Gross earnings andDeductions made.Personal information such as social security numbers and addresses of employees arenot required.For a sample format of certified payroll, click on the -branch/construction-administrationforms/. Click on “Statement of Compliance & DAGS-ECP for Payroll Affidavits” foradditional information. Refer to Appendix I1, Sample – Certified Payroll Report, ofthe AppendicesThe Engineer – Oahu District’s representative (Point of Contact) shall document failuresto submit certified payroll affidavits and notify the Contractor in writing. Twodocumented offenses that show willfully ignoring this requirement or failure to documentall employees in the payroll affidavit shall constitute a major breach of the Contract andthe Contract maybe terminated by the Director.The Contractor shall be required to comply with the laws of the U.S. Citizenship andImmigration Services (USCIS). The Department reserves the right to periodicallycheck the employable status of persons listed on the certified payroll certificates.Any person, who is found to be an illegal alien (undocumented alien) under the lawsof the (USCIS), shall be immediately dismissed from the project and not be rehireduntil he or she is properly cleared.”2.Add the following new subsection:“7.10 PUBLIC CONVENIENCE AND SAFETYThe Contractor shall conduct his maintenance operations with due regard to theconvenience and safety of the public at all times. The protection of persons andproperty shall be provided by the Contractor.All work under this contract shall be in full compliance with Subsection107.11, Safety: Accident Prevention and 107.12, Protection of Persons andProperty of the Standard Specifications. Refer to Section 1.40,Standard Specifications of the Special Provisions for the definition of StandardHWYO 2020 LANDSCAPE CONTRACT DOCUMENTS.DOCXSP-13-12/22/18

SPECIAL PROVISIONSSpecifications.The Contractor shall take all necessary precautions to protect all his/heremployees and all other personnel from hazards and injuries. The rules andregulations promulgated by the U.S. Department of Labor Occupational Safetyand Health Acts (OSHA); the Hawaii Department of Labor and IndustrialRelations (DLIR) Haw

License. At the date of bidding, possesses a valid State of Hawaii Specialty Contractor’s C-27 Landscaping Contractor’s license. The Contractor or RME must possess the license throu