Furnish all labor, materials, tools, equipment, and supplies to provide termite fumigation (tent) treatment for two story buildings B, D, and E, at Pomaila'i Elementary school at 4650 So. Kamehameha Avenue in Kahului. Work to be completed during Winter Break. Coordinate with the school for work schedule. 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.' Ownership Rights and Copyright. The STATE shall have complete ownership of all material, both finished and unfinished, which is developed, prepared, assembled, or conceived by the CONTRACTOR pursuant to this Contract, and all such material shall be considered "works made for hire." All such material shall be delivered to the STATE upon expiration or termination of this Contract. The STATE, in its sole discretion, shall have the exclusive right to copyright any product, concept, or material developed, prepared, assembled, or conceived by the CONTRACTOR pursuant to this Contract. 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. Melanie Nakashima (VP), (808) 727-4800.