Furnish all labor, materials, tools, equipment, and supplies to provide termite fumigation (tent) treatment for each of the following school buildings: School Buildings School Bldg King Kekaulike High H The Contractor shall follow the attached Specification Section 10291. See attached school plan for building locations. Workmanship, materials, and effectiveness of treatment shall be guaranteed for a period of 1 year for fumigation from date of acceptance of this project. Contractor shall submit a copy of the Fumiscope Readings showing the time of reading and adjustments made to the dosage with the form of guarantee. Due to the need to maintain school operations, tenting shall be scheduled during school breaks, weekends or holidays. The contractor shall obtain approval of the tenting date from the school administration at least 3 weeks prior to performing the work. This procurement is being done by Dept. of Accounting and General Services on behalf of the Dept. of Education. The Dept. of Education will be funding and providing purchase orders for this project. All work shall be completed by January 4, 2024 Liquidated Damages. When the CONTRACTOR is given notice of delay or nonperformance as specified in paragraph 13 (Termination for Default) and fails to cure in the time specified, it is agreed the CONTRACTOR shall pay to the STATE the amount, if any, set forth in this Contract per calendar day from the date set for cure until either (i) the STATE reasonably obtains similar goods or services, or both, if the CONTRACTOR is terminated for default, or (ii) until the CONTRACTOR provides the goods or services, or both, if the CONTRACTOR is not terminated for default. To the extent that the CONTRACTOR'S delay or nonperformance is excused under paragraph 13d (Excuse for Nonperformance or Delay Performance), liquidated damages shall not be assessable against the CONTRACTOR. The CONTRACTOR remains liable for damages caused other than by delay. GENERAL REQUIREMENTS A. All fumigation work shall be in strict accordance with the following: 1. Chapter 460J, Pest Control Operators, Hawaii Revised Statutes. 2. Chapter 94, Pest Control Operators, Rules and Regulation of the Pest Control Board, State of Hawaii. 3. Chapter 149A, as amended and Administrative Rule, Title 4, Chapter 66, Pesticide. 4. FIFRA, as amended. B. Fumigant shall be used in strict accordance with the manufacturer's directions on the label. C. All fumigation work shall be performed by a pest control operator licensed by the Hawaii State Pest Control Board in Branch. D. The Contractor at all times shall observe and comply with all Federal, State and local laws or ordinance, 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. E. The Contractor shall keep the project area and surrounding areas free from dust and noise nuisance. F. The Contractor shall schedule and coordinate work with the designated representative for this facility in order to minimize any disruptions to school operations. Jesse Henderson (ASA) 808-250-1070 or Chantel Hashizaki (SASA) 808-727-3500. Suspension of Contract. The STATE reserves the right at any time and for any reason to suspend this Contract for any reasonable period, upon written notice to the CONTRACTOR in accordance with the provisions herein. Variation in Quantity for Definite Quantity Contracts. Upon the agreement of the STATE and the CONTRACTOR, the quantity of goods or services, or both, if a definite quantity is specified in this Contract, may be increased by a maximum of ten per cent (10%); provided the unit prices will remain the same except for any price adjustments otherwise applicable; and the Agency procurement officer makes a written determination that such an increase will either be more economical than awarding another contract or that it would not be practical to award another contract.