Office of Mauna Kea Management
Invasive Species Plan
ASSOCIATION OF UNIVERSITIES FOR RESEARCH IN ASTRONOMY, INC.
CONTRACTOR AGREEMENT NO. N567090C
Professional Services Agreement
THIS PROFESSIONAL SERVICES AGREEMENT is made effective this ___ day of ____, 2015 by and
between the Association of Universities for Research in Astronomy (hereinafter “AURA”), an Arizona non-profit
corporation, at 670 N. A’ohoku Place, Hilo, Hawaii 96720 and xxxxxxxxxxxxxxxxx, (hereinafter the “Contractor”),
located at _xxxxxxxxxxxx, _xxxxxx, xx, xxxxx. AURA and the Contractor are collectively referred to herein as the
“Parties.”
Recitals:
A.
Under Cooperative Agreement AST 0525280 between AURA and the United States of America represented by
the National Science Foundation, Cooperative Support Agreement AST-06457970, CFDA #47.049, now in full
force and effect, AURA, which operates the Gemini Observatory (Gemini), is engaged in the management,
operation, and maintenance of observatories and related activities for research in the field of astronomy, and
requires, from time to time, architectural and engineering services.
B.
Contractor has special professional and/or technical qualifications and capabilities, and is willing and able to
perform said work under the terms and conditions set forth in this Professional Services Agreement.
C.
AURA desires that Contractor make available its services, or those of its employees, as specified in this document, in
support of AURA's efforts in those areas in which Contractor has special professional and/or technical qualifications;
and
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties do mutually agree
as follows:
ARTICLE 1.
SCOPE OF WORK
Contractor shall provide professional structural engineering analysis and design services for critical projects anticipated
to require several hundred hours of architectural, structural, and/or design engineering effort. Gemini seeks to pursue
additional projects upon successful completion of the first project at the Gemini North support building located on the
summit of Mauna Kea, Hawaii, in accordance with the project drawings and specifications set forth in the Statement of Work
attached to this Agreement. Additional projects would be conducted pursuant to agreed-upon service requests, based on
hourly rates agreed to by the parties and outlined below in Article 3.
Contractor shall provide professional services to AURA as described in more detail below (collectively, the "Services").
Contractor shall not accept task assignments from any other person at AURA, and shall not initiate new or modified
tasks without a signed Service Request from the Technical Representative or Contracts Officer. Contractor shall report
to the Technical Representative on the status of the Services upon request. Contractor agrees to perform the Services
with that standard of care, skill, and diligence normally provided by a professional in the performance of similar services.
a. The first project (Service Request 1) to be completed will support the fabrication of critically needed storage space on
the mezzanine levels of the facility. Contractor will develop design plans, in accordance with the attached Mezzanine
Concept Drawings and design specifications (See Attachment A). Contractor will collaborate with Gemini engineers to
successfully complete a Preliminary Design Review and Critical Design Review leading to fabrication and installation of
the storage system by the end of 2015.
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b. The Work shall be performed in accordance with: 1) the Articles of this Agreement; 2) the AURA Professional Services
Agreement Terms and Conditions contained herein; 3) the Scope of Work/Technical Specifications set forth in Attachment A;
and 4) the Quote from Contractor entitled: “Contractor’s Quote Document” and received on xxxx, 2015, set forth in
Attachment B. The Attachments immediately referred to above are attached to this Contractor Agreement and the provisions
of such attachments are hereby incorporated by reference into this Contractor Agreement as though each attachment is fully
set forth herein.
ARTICLE 2.
PERIOD OF PERFORMANCE
This Agreement shall be in force effective upon execution by both parties and remain in force until December 31, 2015.
The foregoing time period (“period of performance”) may be extended beyond the Agreement termination date specified
only by the mutual agreement of the parties, in writing.
ARTICLE 3.
CONTRACT SUM
For each Service Request, Contractor shall submit a good faith estimate of cost, based on the Billing Rate Schedule and
to include a “not to exceed” cost. For satisfactory performance and completion of all service requests AURA shall pay
Contractor in accordance with the agreed upon billing rates and expenses subject to a payment limit of USD xxxxx. In
no event shall AURA's total payments to Contractor under this contract exceed this “Payment Limit.”
Billing Rate Schedule
Labor Category
Hourly Rate
(b) Charges for travel time. Contractor shall not charge AURA for travel time or any other non-productive time
except as specifically allowed below. Contractor may charge AURA for travel time for travel authorized in advance and
in writing by the Technical Representative. When Contractor personnel are on travel status for this contract, Contractor
may charge for the travel time of its personnel between their lodgings and the site where work is being performed.
(c) Reimbursement of travel expenses. In addition to the Contract Price, AURA will pay for travel expenses
incurred in performing the Services which are authorized by the Technical Representative in writing and in advance. To
insure compliance with regulations governing travel expenses imposed by the National Science Foundation, Contractor
shall make all travel arrangements using the Gemini travel office. For travel that is authorized in writing in advance by
the Technical Representative Gemini will reimburse Contractor personnel directly for their actual travel costs, or provide
travel items, in accordance with the same policies and procedures used to reimburse Gemini staff for travel expenses. It
is expected that the major travel expenses (airfare, hotel, and rental car) will be paid by Gemini directly, and Contractor
personnel will only need to be reimbursed for expenses such as meals and parking. Information on the Gemini travel
expense reimbursement policies is available on request.
(d) Reimbursement of Expenses. AURA will reimburse Contractor for the actual direct cost of purchased materials,
equipment, or services if such purchases are authorized in advance and in writing by the Technical Representative. All
purchased items shall be subject to the GOVERNMENT PROPERTY provision in the Terms and Conditions.
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(f) No Hawaii General Excise Tax. AURA believes that Contractor does not have to charge Hawaii General Excise
Tax on the Services as explained in the NO HAWAII GENERAL EXCISE TAX provision of the Terms and Conditions.
ARTICLE 4.
SUBMISSION OF INVOICES AND PAYMENT (Sample. Specific schedule to be determined once
contractor is selected)
(e) Invoicing. Contractor shall invoice AURA each month for the work performed in the previous calendar month.
Each invoice shall: (1) include the number of this Contract; (2) state what time period the invoice covers; (3) state the
number of hours worked by Contractor during the invoice period; (4) set forth the expenses incurred during the invoice
period for which Contractor is claiming reimbursement; (5) include a detailed time sheet itemizing the time spent by
Contractor performing the Services (broken down by date), rounded to the nearest tenth of an hour, and giving a brief
description of the actual tasks or steps accomplished during such time; and (6) include copies of all receipts for
expenses to be reimbursed.
a. Contractor shall be paid in, upon invoice, upon completion of the installation for work completed and accepted, minus
deductions, if any, as provided herein. Invoices shall contain sufficient detail to enable AURA to clearly identify the costs
for which payment is being requested.
b. Only a complete invoice shall be processed for payment. To be considered complete, the invoice shall: (1) reference
AURA Contractor Agreement No. N567090; (2) state what time period the invoice covers; (3) state the number of hours
worked by Contractor during the invoice period; (4) set forth the expenses incurred during the invoice period for which
Contractor is claiming reimbursement; (5) include a detailed time sheet itemizing the time spent by Contractor
performing the Services (broken down by date), rounded to the nearest tenth of an hour, and giving a brief description of
the actual tasks or steps accomplished during such time; and (6) include copies of all receipts for expenses to be
reimbursed.
c. Each invoice presented for payment must bear the following certification:
"We acknowledge that the above statement is just and correct to the best of our knowledge and belief; that
payment therefore has not been received; that it has been prepared from the books of account and records of the Contractor
and unencumbered title to the material and work completed represented herein rests in the Contractor."
By
Signature
Name:
Title:
____
Invoices should be sent to Karen Godzyk, Contracts Officer, via email at:
KGodzyk@aura-astronomy.org
Invoices may also be sent via US Mail to:
Karen Godzyk, Contracts Officer
AURA, Inc.
950 North Cherry Avenue
Tucson, AZ 85719
d. Payment shall be made within thirty (30) days after AURA's receipt of Contractor's statement for services, prepared in
such form and detail as AURA may specify.
ARTICLE 5.
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a. The AURA Contracts Officer(s) is/are the only person(s) authorized to approve changes in this Agreement and
perform post-award functions in administering and enforcing this Agreement on behalf of AURA.
b. The Contracts Officer assigned to this project is Karen Godzyk. Any questions relating to terms and conditions of this
Agreement should be brought to her attention at 520-318-8357.
c. The Technical Representative authorized to act on behalf of AURA for purposes of administering and providing
direction to Contractor related to the detailed technical aspects of the Work is designated in Article 11 below. In no
event, however, shall AURA be bound by any understanding, agreement, modification, change order, or other matter
deviating from the provisions of this Agreement unless formalized by appropriate written contractual documents
executed by the Contracts Officer. Technical direction by the Technical Representative is only valid if: (1) it is issued in
writing and is consistent with the description of the work contained in the Scope of Work/Technical Specifications; (2) it
does not constitute a new assignment of work nor change the express terms, conditions, or specifications of this
Agreement; and (3) it does not constitute a basis for any increase in the contract price or extension of time for
completion of the Work.
d. The person executing this Agreement on behalf of AURA hereby warrants and represents that he or she has authority
to enter into this Agreement on behalf of AURA.
ARTICLE 6.
CONTRACTUAL AUTHORITY OF CONTRACTOR
a. Promptly upon execution of this Agreement by Contractor, Contractor shall appoint a Project Manager acceptable to
AURA, who shall be: (1) the primary contact for Contractor in all matters related to this Agreement; (2) responsible for
the administration, coordination, and supervision of the Agreement and Work by Contractor; and (3) authorized to act on
behalf of, sign for, and accept responsibilities on behalf of, Contractor. Contractor shall notify AURA of such
appointment in writing, and shall not replace the Project Manager without the prior written consent of AURA.
b. The person executing this Agreement on behalf of Contractor hereby warrants and represents that he or she has
authority to enter into this Agreement on behalf of Contractor.
ARTICLE 7.
PRESENCE ON AURA PREMISES
a. The Contractor agrees that all persons working for or on behalf of the Contractor whose duties bring them upon AURA’s
premises shall obey the rules and regulations that are established by AURA and shall comply with the reasonable directions
of AURA’s officers.
b. The Contractor shall be responsible for the acts of its employees, subcontractor(s), or agents while on AURA’s premises.
Accordingly, the Contractor agrees to take all necessary measures to prevent injury and loss to persons or property located
on AURA’s premises. The Contractor shall be responsible for all damages to persons or property caused by the Contractor,
its subcontractors, or any of its agents or employees. The Contractor shall promptly repair, to the specifications of AURA,
any damage that it, its subcontractor(s), or its employees or agents may cause to AURA’s premises or equipment. If the
Contractor fails to repair such damage, AURA may repair or have repaired the damage, and the Contractor shall reimburse
AURA promptly for the cost of the repair. Alternatively, AURA may deduct the cost of the repair from any amounts owed to
Contractor under this Agreement and seek reimbursement for any unpaid amount of the cost of repair from Contractor.
c. Contractor must comply with Safety Regulations as promulgated by the Occupational Safety and Health Act of 1970 as
amended.
d. The Contractor agrees that, in the event of an accident of any kind, Contractor will immediately notify the Technical
Representative designated herein and thereafter furnish a full written report of such accident.
e. The Contractor shall perform the services described in this Agreement without interfering in any way with the activities of
AURA.
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ARTICLE 8.
GEMINI MAUNA KEA FACILITY SITE INFORMATION (To apply any time Contractor or
Contractor’s staff work on the summit of Mauna Kea)
a. Location and Altitude. The Gemini Mauna Kea Facility is located at an elevation of 13,800 feet above sea level, which
means that there are reduced oxygen levels at the Site that may cause some people mild to severe health problems and
that may substantially reduce worker efficiency, especially before workers are acclimatized. Contractor shall thoroughly
investigate the special challenges posed by working at this altitude and take all appropriate measures to deal with the
issues raised by working at this altitude. AURA shall in no event be responsible for any delays, additional costs, or
health problems related to the high altitude of the Site.
b. Weather on Summit. Weather on the summit of Mauna Kea is substantially colder and more severe than at sea level
in Hawaii, and winter blizzards and/or extremely high winds requiring evacuation of the summit occur a number of times
each winter.
c. Access. Access to the summit of Mauna Kea involves unpaved roads with steep grades. Four wheel drive vehicles
are recommended, especially in winter due to the possibility of snowstorms.
d. Transportation to Site. Contractor shall be responsible for providing all transportation for its staff and equipment to
and from the Site unless otherwise arranged with the Technical Representative in advance.
e. Compliance with Invasive Species, Inspections of Equipment, Materials, and Vehicles. The University of Hawaii
Office of Mauna Kea Management (OMKM) has requires certain equipment, vehicles, and materials to be inspected
before traveling to the summit of Mauna Kea to reduce the spread of invasive species. Contractor shall read and
comply with the attached "Vehicle, Equipment, & Delivery - Interim Invasive Species Guidance" document, which is
attached to this contract as Attachment C.
f. Thirty Minutes Acclimatization and Free Breakfast at Hale Pohaku. When traveling to the summit of Mauna Kea,
Contractor personnel shall stop for at least thirty (30) minutes at Hale Pohaku to acclimatize before proceeding to the
summit. AURA will provide Contractor personnel with breakfast for free at Hale Pohaku.
g. Work Hours and Free Lunch at Summit. All work to be conducted during normal work days for the Site, which are
from 9:00 am and 4:30 pm with a half-hour unpaid break for lunch. AURA will provide Contractor personnel working at
the Site with lunch for free.
h. Coordination of Work. All Services will be coordinated with and directed by the Technical Representative. Work will
vary on a day-by-day basis. Daily planning of Services will take place on site and be led by the Technical
Representative. Gemini Observatory guidelines will be applied for each aspect of the work, especially those that imply
risk to personnel or equipment.
i. Tools and Equipment. Contractor will provide all tools and equipment needed to perform the work. AURA will not
provide any tools, facilities, support services, scaffolding, lifts, lighting, equipment, power distribution cords, or any other
materials, supplies, or equipment, except as specifically provided otherwise in this Contract. Before starting work at the
Site, Contractor shall provide the Technical Representative with a list of any equipment (other than hand tools) they will
use to perform the Services, and for each piece of equipment provide evidence of inspection during the previous 30
days. Contractor shall obtain advance written permission from the Technical Representative for any rentals or
purchases of tools or equipment not identified in Contractor's Bid.
j. Cleaning. At the end of each work day the Contractor will make sure that all rubbish and other discarded materials are
properly disposed of. It is imperative that observatory areas and equipment at the end of each work day are left in a
clean and ready to operate mode. The Technical Representative will conduct final end of day checks to assure there is
compliance with this requirement.
k. Disposal of Liquid and Hazardous Wastes. Contractor shall be responsible for disposing of all liquid and hazardous
wastes generated, while performing the Services, away from the Site and in a manner that is in compliance with all laws
and regulations. Contractor may not dispose of such wastes in the wastewater system at the Site.
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l. Disposal of Solid, Non-hazardous Waste. Contractor may dispose of solid and non-hazardous wastes in trash
receptacles at the Site specified by the Technical Representative.
m. Safety
(i) Contractor shall be responsible for all safety aspects related to performance of the Work, which shall include
adequate safety precautions to protect all personnel employed by Contractor and its subcontractors as well as all third
parties who may be present at the Site, provided, however, that the provisions of this section are not intended to, and
shall not, extend to the benefit of any such personnel or parties as third party beneficiaries under this Contract.
Contractor shall prepare and implement an adequate safety program that complies with recognized safety standards
and all applicable laws, statutes, rules, and regulations, including those of OSHA, ANSI, and the NFPA. Contractor shall
ensure that all personnel engaged in the Work are familiar with all pertinent aspects of the Contractor's safety program.
Nothing contained in this section shall be construed to limit, waive, or terminate the provisions of this Contract that
require Contractor to carry insurance.
(ii) Contractor shall follow and obey the AURA safety rules and regulations for the Site and shall take part in
Site safety briefings and meetings as scheduled by the Technical Representative.
(iii) If death or serious injuries and damages occur, the accident shall be reported immediately by telephone or
messenger to the Technical Representative. In addition, Contractor shall promptly report in writing to the Technical
Representative all accidents whatsoever arising out of, or in connection with, the performance of the Work whether on or
adjacent to the Site, and shall provide full details and statements of witnesses if and when requested by AURA. If a
claim is made by anyone against Contractor on account of any accident, the Contractor shall promptly report the facts in
writing to the Technical Representative, giving full details of the claim.
(iv) Contractor shall perform all work in a fire-safe manner. Contractor shall supply and maintain on the site
adequate fire-fighting equipment capable of extinguishing incipient fires. The Contractor shall comply with applicable
federal, state, and local fire-prevention regulations. Where these regulations do not apply, applicable parts of the
National Fire Prevention Standard for Safeguarding Building Construction Operations (NFPA No. 241) shall be followed.
(v) Contractor shall be responsible for ensuring that it complies with the requirements of this Section, and
AURA shall have no obligation to review or inspect the adequacy of Contractor’s safety program.
ARTICLE 9.
USE OF AURA’S FACILITIES
The Contractor, its employees, Subcontractors, or agents shall have the right to use only those facilities of AURA that are
necessary to perform services under this Agreement and shall have no right of access to any other facilities of AURA.
ARTICLE 10.
TECHNICAL REPRESENTATIVE(S)
The Technical Representative for AURA/Gemini on this project is Chas Cavedoni. If any questions arise during the
performance of this Work, they should be brought to the attention of Chas Cavedoni at 808.974.2520 or via email at
ccavedoni@gemini.edu.
Project Manager. Contractor shall designate one person as the person responsible for all aspects of managing the
work under this project (the “Project Manager”). This person shall be Gemini’s primary contact for all issues related to
this Contract and the work performed under this Contract. The initial Project Manager shall be
Name:
Address:
City, State, Zip:
Phone:
Fax:
Email:
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ARTICLE 11.
SPECIAL CONDITIONS
Invasive Species Plan
The following conditions shall apply. Failure to adhere to these conditions may constitute a default on the part of the
Contractor, resulting in a reduction in the total Agreement cost or the termination of this Agreement, or both:
a. Changes to scope of work, performance schedule, or any other changes that materially affect the Agreement, or
changes that would alter the Agreement price are not valid unless signed in writing by AURA's Contracts Officer.
No payment for extras, overruns, or other changes shall be made unless Contracts Officer authorizes such extras
in writing.
b. The quote for each service request shall be based on an estimated number of hours (level of effort), which
cannot be exceeded without prior agreement with and approval of AURA.
b. The following must be submitted prior to the commencement of work.



Appropriate Contractor's license number(s) applicable to the work to be performed.
Contractors Final schedule of work
Liability and workers' compensation insurance, or statement thereof.
c. Contractor must comply with Safety Regulations as promulgated by the Occupational Safety and Health Act of 1970, as
amended.
d. Contractor’s Project Manager shall give AURA’s Technical Representative a minimum of five (5) days advance notice prior
to commencing work. AURA, in its sole discretion, may waive this provision or reduce the notice period.
12.
RISK OF LOSS
Contractor and its sub-contractors shall have and bear the risk of loss of materials and equipment left or stored on
AURA’s premises. Contractor and its subcontractors shall properly insure such materials and equipment against loss,
damage, or destruction or other casualty. AURA shall not be responsible for loss, damage, or destruction of said
materials and equipment while such materials are on AURA’s premises.
13.
INDEMNITY AND INSURANCE
a. Contractor shall at all times keep AURA free and clear from all claims, liens, and encumbrances asserted by any person
or other entity for any reason whatsoever arising from the furnishing of services under this Agreement. To the fullest extent
permitted by law, Contractor shall indemnify, defend, and hold harmless AURA, its directors, officers, employees,
agents, representatives, and affiliates (hereinafter collectively referred to as “Indemnified Parties”) for, from, and against
any and all claims, demands, actions or causes of action, costs, damages, liabilities, injuries, expenses, or losses of any
nature whatsoever to which any of the Indemnified Parties may become subject under any theory of liability whatsoever
(“Claims”) insofar as such Claims (or actions in respect hereof) arise from, are connected with, or are related to: (i) any
inaccuracy in or breach of any of Contractor’s representations and warranties set forth in this Agreement; or (ii) any
intentional misconduct, negligent acts, errors, mistakes, or omissions of Contractor, its officers, employees, agents, or
any tier of subcontractor in performing the obligations and the work covered by this Agreement. To the fullest extent
permitted by law, AURA shall be responsible for its own negligent acts, omissions, and mistakes, and those of its employees
and sub-consultants. Although Contractor shall defend AURA, in the event of a final determination of joint negligence or
other breach of duty between Contractor and AURA, Contractor’s total indemnity liability to AURA shall be the percentage
determined to be Contractor’s share of liability. Every obligation of this indemnification paragraph shall survive the
completion of the Work hereunder and the termination of this Agreement.
b. Contractor shall, at its own expense, during the course of this Agreement, maintain in force at all times insurance to cover
its obligations under this Article 13 and such policy shall contain an endorsement to eliminate any exclusions that might
operate to prohibit the policy’s coverage of the types of claims covered by this Article 13, and such endorsement shall
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specially cover the terms of this Article. Contractor shall name AURA as an additional insured under such contract of
insurance.
In addition, Contractor shall, at its sole cost and expense, maintain in force at all times during the period of performance the
types of insurance designated below with the limits of liability specified. The insurance carrier must be approved by AURA
and have an A.M. Best rating of A- or better.


Workers' Compensation:
Comprehensive General Liability:

Products/Completed Operations
Statutory limits
$1,000,000 each occurrence/$3,000,000 annual
aggregate (including contractual liability)
$1,000,000 each occurrence
If any portions of the services to be furnished under this Agreement are to be performed on AURA's premises, Contractor will
also provide the following coverage:

Automobile Liability:
 Bodily Injury
 Property Damage
$1,000,000 each occurrence
$1,000,000 each occurrence
Should Contractor take possession of property belonging to AURA that at any time will be in transit, or at a location other
than AURA, additional proof of insurance for “personal property of others in the care, custody, and control” shall be provided
to AURA. The limit of such coverage will be valued at replacement cost of such property as determined by AURA.
The amount and type of insurance coverage requirements set forth in this Agreement or remuneration of any insurance
coverage herein provided shall in no way be construed as limiting the scope of the indemnity in this Article or be construed to
limit Contractor’s obligations or liability under this Agreement. Such indemnity shall be required by Contractor from its
subcontractors on behalf of AURA.
c. A Certificate of Insurance evidencing each of the above coverages and requirements shall be delivered to AURA within
fifteen (15) days following the date that Contractor receives a fully executed original of this Agreement, or prior to
commencement of the Work, whichever occurs first. The certificate(s) shall name AURA, its officers, agents, and employees
as additional insureds, and shall provide a forty-five (45) day notice of cancellation. Requests to modify coverage will be
delivered to AURA forty-five (45) days prior to the effective date of change, and such modification will require approval by
AURA. Certificates shall not be canceled, materially changed, or allowed to expire until forty five (45) days’ prior written
notice has been given to AURA.
d. AURA shall promptly notify the Contractor in writing of any Claim(s) brought against AURA for which Contractor may
be responsible under Article 13. Upon its receipt of notification of Claim(s) by AURA, Contractor shall promptly take
over and defend any such Claim(s) by tendering the Claim(s) to its insurance company for handling. Such insurance
coverage shall be primary and shall be used for purposes of satisfying Contractor’s obligations hereunder. In the event
said Claim(s) is/are not covered by insurance or such insurance is exhausted, Contractor shall directly fulfill its
obligations to indemnify, defend, and hold harmless under this Article 13 and take over and defend any such Claim(s). If
Contractor fails to assume or maintain control of the defense of any Claim(s) (either through its insurance company or
directly), AURA shall have the right to control such defense. In addition, AURA shall have the right and option to
represent itself in defense of any such Claim(s) at any time if AURA, in its sole discretion, determines that its rights are
not being appropriately defended by Contractor. If AURA controls such defense, Contractor agrees to pay to AURA,
promptly upon demand, all reasonable attorneys’ fees and other costs and expenses of defense. If Contractor assumes
control of such defense and AURA reasonably concludes that Contractor and AURA have conflicting interests or
different defenses available with respect to such proceeding, then the reasonable fees and expenses of counsel and the
associated costs of such proceeding to AURA shall be considered and included as “expenses” for purposes of this
Agreement.
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e. Neither party hereto shall agree to any settlement of, or the entry of any judgment arising from, any third party claim
involving the other without the prior written consent of the other, which shall not be unreasonably withheld, delayed, or
conditioned.
ARTICLE 14.
WARRANTY
a. Contractor warrants that the equipment and parts sold to AURA hereunder meets and satisfies all of AURA’s
specifications set forth in Attachment A.
b. Contractor warrants that the equipment sold to AURA hereunder, including all hardware and software will, upon delivery,
be free from defects in material or workmanship for one year after delivery and installation. Further, Contractor warrants all
labor related to the installation of the systems for a period of one year after installation. Products that are not manufactured
by Contractor, but that are purchased from Contractor will be subject to the warranty provisions provided by the equipment
manufacturer of such product(s), unless Contractor notifies AURA of any additional warranty provisions in writing. The
obligation of Contractor under this warranty is the repair or replacement of any defective or malfunctioning parts with new or
refurbished parts. If Contractor fails to replace or repair such parts, AURA’s remedy shall be a refund of the price charged by
the manufacturer of the part (whether that be Contractor or a third party) to its dealers for such parts as are proven to be
defective. To obtain service under this warranty, AURA must bring the malfunction to the attention of Contractor or one of its
authorized dealers during the one year warranty period.
c. The Implied Warranty of Merchantability and the Implied Warranty of Fitness for a Particular Purpose under Article 2 of the
Hawaii Uniform Commercial Code are hereby implied in and applicable to the sale of the equipment by Contractor hereunder
to AURA.
d. Contractor warrants that its performance of the work, including the selection of the equipment to meet AURA’s needs and
the labor performed in the installation of said equipment, will be carried out with that standard of care, skill, and diligence
normally provided by a professional organization in the performance of similar services. Contractor further warrants that the
performance of subcontractors at any tier, or any other person assigned by it under this Agreement, shall be in accordance
with sound practice and professional standards of its trade and the requirements of this Agreement. If any portion of the
services supplied fails to comply with this warranty, and Contractor is so notified in writing within one (1) calendar year after
completion of this Agreement, Contractor will correctly perform such portion of the services at its own expense or, at AURA's
option, will refund the amount of the compensation paid for such portion.
ARTICLE 15.
CHANGES
a. AURA may at any time, by issuance of a written Change Order to this Agreement by the AURA Contracting Office,
make changes within the general scope of this Agreement in any one or more of the following: (i) tasks or subtasks
under Article 1, where such change will expedite performance or enhance the level of services to be provided; (ii) time
or place of delivery, and (iii) period of performance. If any such change causes an increase or decrease in the cost of,
or time required for, the performance of this Agreement, Contractor shall notify the AURA Contracts Office in writing and
request that an equitable adjustment be made in the price under this Agreement or delivery schedule, or both, and this
Agreement shall be modified in writing accordingly. Any claim by Contractor for adjustment under this clause must be
asserted within fifteen (15) days from the date of receipt by Contractor of the notification of change; otherwise,
Contractor shall be deemed to have waived such claim. In no event shall AURA be responsible or obligated for any
increase in the price under this Agreement or revision in the delivery schedule, unless the change in the Agreement
giving rise to any price increase or revised delivery schedule was in the first instance specifically ordered in writing by
the AURA Contracts Office. However, nothing in this clause shall excuse Contractor from proceeding with performance
under the Agreement as changed.
b. Contractor shall comply promptly with any requests by AURA relating to the emphasis or relative emphasis to be
placed on various aspects of the Work, or to such other matters pertaining to said Work as are indicated of concern to
AURA.
c. Except as otherwise provided in this Agreement, no payment for extras shall be made unless such extras have been
authorized in writing by the AURA Contracts Office.
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d. Nothing in this Contract, including the scope or qualities of the services or goods provided, may be modified except by
means of a written amendment or change order signed by a Contracts Officer and accepted by the Contractor. Verbal
agreements to modify or add work are void.
ARTICLE 16.
TIME IS OF THE ESSENCE
Time is of the essence with respect to all provisions of this Contract that specify a time period for performance.
Contractor must notify the Contracts Officer assigned to this Agreement within five (5) days after determining a contract
date cannot be met.
ARTICLE 17.
DELAYS
Contractor shall notify AURA within five (5) days of any material delay in performance of specified services and shall
specify in writing to AURA the proposed revised date of performance or delivery date as soon as practicable after notice
of delay. Such notification shall not be construed as repudiation by the Contractor of its obligations under this Agreement.
Contractor shall not be liable for delays in performance or delivery due to causes beyond its reasonable control and not
otherwise due to its fault or negligence. In the event of such delay, the date of performance or of delivery shall be
extended for a period equal to the time lost by reason of said delay on written approval of AURA. Contractor shall
maintain a log of time lost and the reasons therefore for the periodic review by the Site or Technical Representative.
This Agreement shall be amended in writing to reflect a change in the period of performance due to delay.
ARTICLE 18.
FORCE MAJEURE
Neither Contractor nor AURA shall be liable for failure to fulfill its obligations herein or for delays in performance or
delivery, as applicable, due to causes beyond its reasonable control, including, but not limited to: acts of God, natural
disasters, acts or omissions of other parties, acts or omissions of civil or military authority, Government shut downs (total
or partial), the termination, lapse, or delay in government funding, changes in governmental priorities, changes in law,
material shortages, fire, strikes, floods, epidemics, quarantine restrictions, riots, war, acts of terrorism, delays in
transportation, or inability to obtain labor or materials through its regular sources (hereinafter collectively or singularly
referred to as force majeure event). Where there is an event of force majeure, the party prevented from or delayed in
performing its obligations under this contract must immediately notify the other party giving full particulars of the event of
force majeure and the reasons for the event of force majeure preventing that party from or delaying that party in
performing its obligations under this contract. That party must use its reasonable efforts to mitigate the effect of the
event of force majeure upon its performance of the contract and to fulfill its obligations under the contract. Upon
completion of the event of force majeure, the party affected must as soon as reasonably practicable recommence
performance of its obligations under this contract. An event of force majeure does not relieve a party from liability for an
obligation that arose before the occurrence of that event. In the event the force majeure event exists for a year or more,
either party hereto may seek to terminate this Agreement without further liability. All costs, including fees, incurred by
Contractor as a result of such termination shall be reimbursable including, without limitation, all non-reimbursable costs
and non-cancelable commitments incurred prior to the receipt of the termination notice.
ARTICLE 19.
SUSPENSION OF THE WORK
Performance of the Work under this Agreement may be suspended by AURA in the event of a total or partial
government shut down or if funding for the Work or this Project is delayed or suspended. Such suspension shall be
considered temporary and in no way shall be deemed to be a breach or termination of this Agreement.
ARTICLE 20.
a.
TERMINATION
Termination for Default/Cause
(i) If Contractor refuses or fails to perform any of the provisions of this Contract with such diligence as will ensure its
completion within the time specified in this Contract, AURA may notify Contractor in writing of the non-performance, and
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if not promptly corrected within the time specified, AURA may terminate Contractor’s right to proceed with this Contract
or such part of this Contract as to which there has been delay or a failure to properly perform. The Contractor shall
continue performance of the Contract to the extent it is not terminated, and shall be liable for excess costs incurred by
AURA in re-procuring similar goods or services elsewhere and excess costs incurred in AURA’s operation because of
any resulting delay. Payment for completed services performed and accepted shall be at the price(s) provided in this
Contract.
(ii) AURA may withhold amounts due to Contractor as AURA deems to be necessary to reimburse itself for the excess
costs incurred in curing, completing, or procuring similar goods and/or services and for excess costs incurred in AURA’s
operation because of the breach.
(iii) If, after termination of the Contractor’s right to proceed under this clause, it is determined for any reason that the
Contractor was not in default under the provisions of this clause, or that the delay was excusable, the rights and
obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the termination
for convenience clause.
(iv) No failure by AURA to insist upon the performance of any of the terms and conditions of this Agreement shall be
construed as a wavier or relinquishment of any rights under this Agreement, and the obligation of the Contractor to comply
with the terms and conditions of this Agreement shall continue in full force and effect.
b.
Termination for Convenience
AURA or Contractor may terminate this Contract in whole or in part, for convenience. Either Party shall give written
notice of termination specifying the part of the Contract terminated or when termination becomes effective. Upon receipt
of the notice of termination, the Contractor shall incur no further obligations, except to the extent necessary to mitigate
costs of performance. The Contractor shall also terminate outstanding orders and any lower-tier subcontracts as they
relate to the terminated work, and shall settle the liabilities and claims arising out of the termination of any subcontracts
and orders connected with the terminated work. The Contractor shall submit a final invoice including costs associated
with the closeout of this Contract. Regardless of any other provisions, the amount of the termination liability under this
paragraph shall not exceed the amount of the price provided in this Contract plus a reasonable cost for settlement
expenses.
ARTICLE 21.
INDEPENDENT CONTRACTOR
In performing services under this Agreement, the Contractor shall be deemed an independent contractor and shall not
act as nor be an agent or employee of AURA. As an independent contractor, the Contractor will be solely responsible
for determining the means and methods of performing the construction/professional and/or technical services described
in Article 1, and shall have complete charge and responsibility for persons employed by Contractor and engaged in the
performance of the specified Work. All of the Contractor’s activities will be at its own risk, and Contractor is hereby
given notice of this responsibility for making arrangements to guard against physical, financial, and other risks as
appropriate. Contractor shall observe and abide by all applicable laws and regulations, including, but not limited to,
those of AURA relative to conduct on its premises.
ARTICLE 22.
SMALL AND SMALL DISADVANTAGED SUBCONTRACTING
It is AURA policy that small business concerns and small socially and economically disadvantaged business concerns be
given the maximum practicable opportunity to compete for Subcontracts in order to assure maximum small business
participation consistent with fulfilling AURA’s contractual obligations in an efficient and economical manner.
ARTICLE 23.
NON-EXCLUSIVE AGREEMENT
The services to be provided under this Agreement are not limited to this Agreement. AURA reserves the right to perform the
same or similar services or to contract with others for the same or similar services. Nothing in this Agreement shall be
construed as granting Contractor exclusive rights to perform the services.
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ASSIGNMENT
This Agreement shall inure to the benefit of and shall be binding upon the respective successors and assigns of the
parties hereto, but may not be voluntarily assigned in whole or in part by either party without the prior written consent of
the other party, provided, however, that AURA may assign this Agreement to the United States of America without the
permission of the Contractor. Further, unless this Agreement is assigned to the Government, it does not bind or purport to
bind the National Science Foundation or the United States of America.
ARTICLE 25.
COMPLIANCE WITH LAWS AND REGULATIONS
All parties expressly agree to abide by any and all applicable federal, state, and local laws, regulations, and ordinances
governing their obligations under this Agreement, including without limitation, and to the extent applicable, state and
federal rules governing non-discrimination, immigration, Title 7 of the Civil Rights Act of 1964, the Equal Employment
Opportunity Act of 1972, the Age Discrimination and Employment Act of 1967, the Equal Pay Act of 1963, the National
Labor Relations Act, the Fair Labor Standards Act, the Rehabilitation Act of 1973 and the Occupational Safety and
Health Act of 1970, and Executive Order #11246, as may be from time to time modified or amended.
ARTICLE 26.
AUDIT AND AVAILABILITY OF RECORDS
AURA is responsible for ensuring that Contractor is in compliance with applicable laws and regulations and other award
conditions. Financial reports, supporting documents, and other records pertinent to this agreement shall be retained by
Contractor for a period of three (3) years from the date of final payment except that records related to audits, appeals,
litigation, or the settlement of claims arising out of performance of this agreement shall be retained until such audits,
appeals, litigation, or claims have been resolved. Notwithstanding any other conditions of this Agreement, the records
and financial statements of Contractor shall be made available upon request, at the Contractor's regular place of
business, for examination by AURA or their duly authorized representative(s).
ARTICLE 27.
ARBITRATION
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration
administered by the American Arbitration Association under its Construction Industry Arbitration Rules, and judgment on
the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. All matters within the
scope of the Federal Arbitration Act of the United States (9 U.S.C. §§1 et seq.) shall be governed by it. The place of
arbitration shall be Tucson, Arizona. The arbitrator shall have the right to award or include in its award any relief that he
or she deems proper in the circumstances, including without limitation, money damages (with interest on unpaid
amounts from date due), specific performance, and injunctive relief. The arbitrators shall not have the authority to award
exemplary, punitive, or special damages. The award and decision of the arbitrator shall be conclusive and binding upon
all parties hereto, and judgment upon the award may be entered in any court of competent jurisdiction. Notwithstanding
anything to the contrary contained herein, each party hereto shall have the right in a proper case to obtain temporary
restraining orders and temporary or preliminary injunctive relief from a court of competent jurisdiction, provided,
however, that the parties agree to contemporaneously submit their dispute for arbitration on the merits as provided
herein.
Both parties shall share the cost of the dispute resolution process equally; however, personal attorneys and witnesses
or specialists are the direct responsibility of each party, and their fees and expenses shall be the responsibility of the
individual parties.
ARTICLE 28.
SURVIVAL
The provisions set forth in Articles 3, 4, 13, 14, 25, 26, 27, 29, 34 and 35 of this Agreement shall survive the termination or
expiration of the term of this Agreement.
ARTICLE 29.
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In the event of conflict among the provisions of any of the documents described in Article 1, interpretation of this Agreement
shall be governed in the following descending order of priority: 1) the Articles of this Sub-Award; 2) the Statement of
Work/Technical Specifications set forth in Attachment A; 3) the AURA Construction Contract General Provisions set forth
herein, and 4) the Bid from Contractor received on xxxxxxx, xx, 2015, set forth in Attachment B (A&E-02).
ARTICLE 30.
SEVERABILITY
The invalidity in whole or in part of any provision of this Agreement shall not affect the validity of other provisions. AURA’s
failure to enforce a right hereunder promptly shall not be deemed a waiver of such right, and no waiver of right under a
provision shall constitute a waiver of any other right under such provision or any other provision.
ARTICLE 31.
ENTIRE AGREEMENT
This Agreement, together with any addenda and amendments relating hereto, constitutes the entire agreement of the
Parties, and there are no other representations, promises, agreements, conditions, or understandings, either oral or
written, between the Parties other than as set forth herein. Any amendments, alterations, or modifications to this
agreement must be in writing and signed by the Parties to this agreement to be effective.
ARTICLE 32.
AUTHORITY
The persons executing this Agreement represent and warrant that they have the full power and authority to enter into
this Agreement on behalf of the entities they are signing on behalf of.
ARTICLE 33.
INTEGRATION
This Agreement, together with any addenda and amendments relating hereto, sets forth the entire understanding between
the parties and supersedes all prior or contemporaneous agreements, representations, and understandings between the
parties with respect to the subject matter of this Agreement. This Agreement may only be amended in a writing signed by
both parties hereto.
ARTICLE 34.
APPLICABLE LAW
a. This Agreement shall be governed, interpreted, and construed in accordance with the laws of the State of Hawaii without
regard to its conflict of law rules.
b. The work performed by the Contractor must comply with federal law and any other laws and/or ordinances that may be
applicable to the work to be performed.
ARTICLE 35.
NOTICES
Where notice is required or permitted under this Agreement, it shall be sent by first class mail, return receipt requested
or personally delivered to the Parties at their respective addresses below:
For AURA:
Karen Godzyk, Contracts Officer
AURA Inc.
950 North Cherry Avenue
Tucson, AZ 85719
Telephone: 520.318.8357
Fax: 520.318.8456
Email: KGodzyk@aura-astronomy.org
For CONTRACTOR:
______________________
______________________
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______________________
______________________
Telephone: xxx._______
Fax: xxx.__________
Email: _______________________
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below to be
effective on the date first set forth above.
ASSOCIATION OF UNIVERSITIES FOR RESEARCH IN ASTRONOMY, INC.
_________________________________________________________________________
Karen E. Godzyk
Date
Contracts Officer
CONTRACTOR
By: ______________________________________________________________________
Date
Title: ______________________________________________________________________
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Exhibit A, Terms and Conditions
AURA Contract. No. N567090
Professional Services Contract
DEFINITIONS.
(a) “AURA” refers to the Association of Universities for Research in Astronomy, Inc., an Arizona Corporation.
(b) The term “this agreement” refers to this purchase order or this contract, as the case may be.
COMMUNICATION. All communications concerning administration of this agreement must be furnished solely to the
AURA Contracts Manager at the address given in this agreement. Communications of a technical nature only may be
directed to the AURA Technical Representative designated by the Contracts Manager.
TECHNICAL DIRECTION. The AURA Technical Representative identified by the Contracts Manager is authorized to
provide technical information needed by Contractor, but is not authorized to direct Contractor to do anything that will
affect the price or schedule of the work. If the Technical Representative gives Contractor any direction that will result in
a price or schedule change Contractor shall not implement the direction but shall instead contact the Contracts Manager
and request guidance on how to proceed.
GOVERNMENT PROPERTY. If AURA provides contractor with any equipment or materials or finances their purchase
contractor shall make sure that they are all marked as “U.S. Government Property,” shall attach tracking labels if
supplied by AURA, shall track their locations at all times, and shall maintain the same in good condition. Contractor
shall return this property to AURA upon demand or at the conclusion of the work, whichever comes first.
FLY AMERICA ACT. (a) Any air transportation to, from, between, or within a country other than the U.S. of persons or
property by contractor must be performed by or under a code-sharing arrangement with a U.S.-flag air carrier if service
provided by such a carrier is available (see Comp Gen. Decision B-240956, dated September 25, 1991). Tickets (or
documentation for electronic tickets) must identify the U.S. flag air carrier’s designator code and flight number.
(b) For the purposes of this requirement, U.S.-flag air carrier service is considered available even though:
(1) comparable or a different kind of service can be provided at less cost by a foreign-flag air carrier;
(2) foreign-flag air carrier service is preferred by, or is more convenient for, NSF or traveler; or
(3) service by a foreign-flag air carrier can be paid for in excess foreign currency.
(c) The following rules apply unless their application would result in the first or last leg of travel from or to the U.S.
being performed by a foreign-flag air carrier:
(1) a U.S.-flag air carrier shall be used to destination or, in the absence of direct or through service, to the
farthest interchange point on a usually traveled route.
(2) if a U.S.-flag air carrier does not serve an origin or interchange point, a foreign-flag air carrier shall be used
only to the nearest interchange point on a usually traveled route to connect with a U.S. flag air carrier.
(3) a U.S.-flag air carrier involuntarily reroutes the traveler via a foreign-flag air carrier, the foreign-flag air
carrier may be used notwithstanding the availability of alternative U.S.-flag air carrier service.
(d) For travel to and from the US use of a foreign-flag air carrier is permissible if:
(1) the airport abroad is the traveler's origin or destination airport, and use of U.S.-flag air carrier service would
extend the time in a travel status by at least 24 hours more than travel by a foreign-flag air carrier; or
(2) the airport abroad is an interchange point, and use of U.S.-flag air carrier service would increase the
number of aircraft changes the traveler must make outside of the U.S. by 2 or more, would require the traveler to wait
four hours or more to make connections at that point, or would extend the time in a travel status by at least six hours
more than travel by a foreign-flag air carrier.
(e) For travel between points outside the U.S. use of a foreign-flag air carrier is permissible if:
(1) travel by a foreign-flag air carrier would eliminate two or more aircraft changes en route;
(2) travel by a U.S.-flag air carrier would require a connecting time of four hours or more at an overseas
interchange point; or
(3) the travel is not part of the trip to or from the U.S., and use of a U.S.-flag air carrier would extend the time
in a travel status by at least six hours more than travel by a foreign-flag air carrier.
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(f) For all short distance travel, regardless of origin and destination, use of a foreign-flag air carrier is permissible if
the elapsed travel time on a schedule flight from origin to destination airport by a foreign-flag air carrier is three hours or
less and service by a U.S.-flag air carrier would double the travel time.
ELECTRONIC AND FAX SIGNATURES; WRITTEN COMMUNICATIONS. (a) Documents relating to this agreement
may be effectively signed by either: (1) Electronically signing a PDF file using the Adobe Acrobat Digital Signature Tool;
or (2) Signing a hard copy and then either faxing it to the recipient or scanning it and emailing it to the recipient as a
scanned document; or (3) Sending an original hard-copy.
(b) When this agreement requires that something be communicated in writing an email communication is sufficient
to meet this requirement.
COMPLETE AGREEMENT/WAIVER. This agreement is the exclusive expression of the parties’ agreement and
replaces all prior understandings, whether written or verbal. The terms of this agreement may not be altered or
explained by course of dealing, course of performance, trade custom, or consistent additional terms. A course of
performance by the parties which is inconsistent with the terms of this agreement shall not constitute a modification or
waiver of those terms.
CHOICE OF LAW. For contractors who are shipping goods from, or providing services in, a location in the State of
Hawaii the laws of the State of Hawaii shall govern the formation, performance and the legal enforcement of this
agreement, and venue for any judicial action shall be Honolulu, Hawaii. In all other cases the laws of the State of
Arizona shall govern this agreement and venue for judicial actions shall be in Tucson, Arizona.
INSPECTION AND ACCEPTANCE. Acceptance is dependent upon completion of all applicable inspection procedures,
which may occur after delivery. The making or failure to make any inspection shall in no way impair AURA’s right to
reject or revoke its acceptance of nonconforming goods or services. Should the products or services fail to meet any
inspection requirements AURA may exercise all of its rights. In the case of services, AURA reserves the right to inspect
services provided under this contract at all reasonable times and places. If any of the services do not conform with the
requirements of this agreement, AURA may require the contractor to perform the services again in conformity with
requirements, with no additional payment. When defects in the quality or quantity of service cannot be corrected by reperformance, AURA may equitably reduce the payment due the contractor to reflect the reduced value of the services
performed. These remedies in no way limit the remedies available to AURA in the termination provisions of this
agreement, or remedies otherwise available at law.
PRICES AND PAYMENT LIMIT. (a) Except as specifically noted, the prices given in this agreement include all charges
related to the goods or services provided, including, but not limited to storage, packing, transportation, taxes, overhead,
indirect costs etc. AURA shall not be obligated to reimburse contractor for any costs in addition to the agreed price
unless such costs are specifically listed in this agreement.
(b) If this agreement provides for compensation based on hourly rates or any other price per unit then any total cost
or payment limit given in this agreement is only an upper limit on the amount that may be charged under this agreement
and is not a commitment that AURA will spend that much under this agreement.
PUBLICITY. Contractor shall not publicize or advertise in any manner anything relating to this agreement without
getting prior written approval from AURA for each publicity/advertising item. AURA may require acknowledgements of
its sponsors as a condition of approval.
EQUAL EMPLOYMENT OPPORTUNITY. Contractor shall comply with Executive Order 11246, "Equal Employment
Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor.”
DEBARMENT. No part of the work shall be subcontracted to parties listed on the General Services Administration's List
of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and
12689, "Debarment and Suspension." By signing this contract or performing this purchase order contractor certifies that
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neither it nor any of its principle employees is on this debarred list. Contractor shall require a similar certification from all
firms awarded subcontracts over $25,000.
ASSIGNMENT/SUBCONTRACTING. AURA may assign its rights under this agreement to either the National Science
Foundation or to an organization succeeding it as the operator of the Gemini Observatory. Contractor shall not assign
or delegate its rights/responsibilities under this agreement without prior written permission from AURA, and any
assignment without such permission shall be void. Any assignment with AURA’s permission shall not relieve contractor
of responsibility for successful performance of the work. Contractor may not subcontract any portion of the work, not
including purchases of commercially available items, without prior written permission from AURA.
LABOR DISPUTES. If the contractor has knowledge that any actual or potential labor dispute is delaying or threatens to
delay the timely performance of this agreement, the Contractor shall immediately give notice, including all relevant
information, to AURA. This provision shall be included in all subcontracts issued by contractor related to the work.
COPYRIGHTABLE MATERIAL. (a) The term "Subject Writing" refers to any copyrightable material which is produced
by contractor in the course of performing the work under this agreement or which otherwise arises out of the work and
which is either delivered to AURA or is distributed to any persons other than contractor’s personnel and agents. Subject
Writings include such items as reports, books, journal articles, software, databases, sound recordings, photographs,
artwork, and videotapes.
(b) Except as otherwise specified in this agreement, the contractor may own or permit others to own the copyright in
all Subject Writings. Contractor agrees that if it or anyone else does own copyright in a Subject Writing, then for each
Subject Writing: (1) AURA, and any subsequent organization operating the Gemini Observatory, shall have
nonexclusive, nontransferable, irrevocable, royalty-free license to exercise throughout the world all rights provided by
copyright for purposes related to operating the Gemini Observatory; and (2) the parties to the Gemini Agreement shall
have nonexclusive, nontransferable, irrevocable, royalty-free license to exercise throughout the world all rights provided
by copyright for research purposes. These licenses, however, will not include the right to sell copies of the copyrighted
works to the public.
(c) The contractor agrees to acquire, through written agreement or an employment relationship, the ability to comply
with the requirements of the preceding paragraphs. The contractor further agrees that any transfer of copyright or any
other rights to a Subject Writing, by it or anyone whom it has allowed to own such rights, will be made subject to the
requirements of this section.
(d) Except as provided otherwise in this agreement, there shall be no confidentiality restrictions on Subject Writings
and AURA may disclose any of them to any person or organization.
(e) Contractor may place restrictions on disclosure of proprietary information acquired by contractor prior to the date
of this Contract that was not developed for any purposes related to the Gemini Observatory (collectively, the
"Proprietary Information"), provided, however, that AURA, and any successor operator of the Gemini Observatory shall
be permitted to disclose Proprietary Information to its employees and agents for purposes of Gemini Observatory
operations. Material shall only be considered to be "Proprietary Information" if it is clearly marked as such by Contractor
and otherwise meets the definition given in this paragraph.
PUBLICATIONS. (a) The contractor is responsible for assuring that an acknowledgment of NSF support is made:
1. In any publication (including World Wide Web pages) of any material based on or developed under this
contract, in the following terms: "This material is based upon work supported by the National Science Foundation under
Cooperative Agreement No. AST0525280."
2. NSF support also must be orally acknowledged during all news media interviews, including popular media
such as radio, television and news magazines.
(b) The Contractor is responsible for assuring that every publication of material (including World Wide Web pages)
based on or developed under this award, except scientific articles or papers appearing in scientific, technical or
professional journals, contains the following disclaimer: "Any opinions, findings, and conclusions or recommendations
expressed in this material are those of the author(s) and do not necessarily reflect the views of the National Science
Foundation."
(c) The Contractor is responsible for assuring that two copies of every publication of material based on or
developed under this award, clearly labeled with the cooperative agreement number and other appropriate identifying
information, are sent to the cognizant NSF Program Officer promptly after publication.
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(d) All reports and publications resulting from this Contract are encouraged to use the metric system of weights and
measures.
GENERAL. (a) Contractor personnel and subcontractors shall comply with all AURA regulations concerning activities
on AURA premises.
(b) Contractor shall provide all tools, equipment, and materials necessary to complete the work.
(c) AURA shall not be responsible for loss or damage to contractor’s equipment on AURA’s premises unless it is
shown to be as the direct result of AURA’s negligence.
(d) Contractor shall permit AURA to inspect its operations on AURA’s premises at any time to determine if
standards of quality, safety, and cleanliness are being met.
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ATTACHMENT A: SCOPE OF WORK/TECHNICAL SPECIFICATIONS
RFP A&E Service Request #1
GN Storage Mezzanine
Gemini seeks to design and construct ~ 2,800 sq. ft. of equipment storage space inside the existing summit Enclosure
Building. The proposed storage space would be located on three levels stacked above one another. The mezzanine
would include a 3-ton bridge crane mounted below the second level of the mezzanine.
Service Request #1 includes necessary A&E services to develop necessary construction documents including shop
fabrication drawings for the proposed ~2,800 sq. ft. GN Mezzanine.
The construction documents shall include a Deduct Alternate Option 1 omitting the upper level of the mezzanine
resulting in only ~ 1,860 sq. ft. of storage space.
Gemini has prepared conceptual drawings and design requirements for the proposed storage mezzanine that shall be
used as the basis of the design. Please see reference documents below for details.
The A&E firm shall perform the work in accordance with Contract Documents, and Hawaii County Code with
amendments, and all applicable laws and regulations.
Proposed Milestones:
The design development process shall include the following milestones and deliverables:
- Kick-off Meeting
- 30% Submittal Review
- 60% Submittal Review
- 90% Submittal Review
- Final for Approval Submittal
- Release of Construction Documents
Proposed Schedule:
The proposed schedule for the release of Construction Documents shall be 12 weeks from release of contract.
Reference Documents:
1. GN Storage Mezzanine Schematic Plans.pdf
2. GN 1996 Architectural Permit Plans.pdf
3. GN 1996 Structural Permit Plans.pdf
4. GN Photos of Mezzanine Area.pdf
Upon release of A&E contract, original 1996 permit plans shall be made available as-is in dwg file format.
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ATTACHMENT B: CONTRACTOR’S QUOTE (A&E-02)
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Invasive Species Plan
ATTACHMENT C: OMKM VEHICLE, EQUIPMENT & DELIVERY –
INTERIM INVASIVE SPECIES GUIDE
Standard Operating Procedure 01
Cleaning of Vehicles and Personal Belongings
Version 1.0, 11/4/14, Jessica Kirkpatrick & Fritz Klasner
1. Purpose and Scope
The 2009 Mauna Kea Comprehensive Management Plan (CMP) provides the authority for and
responsibility of protecting University of Hawai’i (UH) managed lands on Mauna Kea from resource threats
such as invasive species. The purpose of this document is to describe the requirements for inspection and
cleaning of vehicles, and identify the standards for personal belongings, and for those traveling to or above
the Halepōhaku area.
This standard operating procedure (SOP) applies to the passengers, vehicle operators, immediate personal
possessions, and any vehicle or; operating under a permit (CDUP, Special Use, or other; including those
permits issued to the University of Hawai’i for observatory purposes) on University managed lands
(Halepōhaku, the summit access road above Halepōhaku, and the Mauna Kea Science Reserve). Personal
or private vehicles engaged in personal use (i.e. sightseeing or general tourists) are not subject to the
requirements below and are presently exempt from these standards. Hawai’i Administrative Rules may
be adopted that address personal vehicle requirements.
This SOP does not apply to the load or delivery that a vehicle carries. Inspection procedures for vehicles
with three or more axles, and any other vehicle used to transport aggregate or biological material
regardless of the number of axles (other than food for human consumption) must also use the Inspection
of Construction, Scientific Equipment, & Supplies SOP. Inspection procedures for loads, deliveries, and
equipment (including vehicles without license plates) are described in the Inspection of Construction,
Scientific Equipment, & Supplies SOP.
2. Introduction
All vehicles entering University of Hawai‘i (UH) managed lands on Mauna kea must be inspected to ensure
they are free of plant, animal, and earthen materials. These guidelines apply to all vehicle use (private or
commercial, including vendors) related to a Conservation District Use Permit (CDUP) or other permitted
activities on Mauna Kea, including: astronomical observatories, commercial tours, facility maintenance
(MKSS, HELCO, water, etc.), filming, scientific research, etc. Guidelines within this SOP include separate
requirements for routine or regular use vehicles (i.e. staff, regular deliveries), single or first use vehicles,
and vehicles with three or more axles.
3. Personal Belongings
Personal belongings are to be cleaned and inspected by the operator prior to arrival at the Saddle Road
/ Maunakea Access Road junction. The operator must remove any plant, animal, or earthen material (i.e.
weed seeds, ants, soil, mud, food scraps), that might harbor invasive animals or plant seeds. Personal
belongings (clothes, shoes, bags, laptops, etc.) and vehicle safety equipment must also be cleaned. Be
sure to check pockets, cuffs, sleeves, bottoms of bags, etc. and pay special attention to the soles of shoes
and boots. Cleaning must be done prior to arrival at the Saddle Road / Mauna Kea Access Road junction.
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4. Cleaning (including undercarriage wash)
All vehicles are to be cleaned and inspected by the operator, prior to arrival at the Saddle Road /
Mauna Kea Access Road junction. Vehicles with three or more axles, and equipment (motor vehicles
without a highway license plate), must be inspected by a DLNR‐approved biologist. The objective is to
remove any plant, animal, or earthen material (i.e. weed seeds, ants, soil, mud and food scraps), that
might harbor invasive animals or plant seeds. The outside of the vehicle may be pressure washed, air
cleaned (with compressed air), or cleaned in a standard car wash, with particular attention to the vehicle’s
undercarriage, crevices, fender wells, axles, springs, bumpers, wheels, grill, and recessed areas. The inside
of the vehicle may be swept, air cleaned, or vacuumed, beneath floor mats and seats, and in all storage
and tool compartments. All trash, plastic wrappers, and old food containers must be removed from the
vehicle. Cleaning must be done prior to arrival at the Saddle Road / Mauna Kea Access Road junction.
On Mauna Kea, the typical accumulation of road dust and other materials acquired on paved and
maintained roads is adequately addressed by monthly cleaning as outlined below. Concerns are often
identified with vehicles parked in lots (paved and unpaved) with arthropod infestations or overhanging
vegetation, with off‐road or dirt‐road use, and vehicles left unattended or not cleaned for extended
periods. For more cleaning guidance please visit NOAA Fisheries Service‐ Preventing Invasive Species:
Cleaning Land Vehicles, Equipment, and Personal Gear at
http://www.habitat.noaa.gov/pdf/best_management_practices/Cleaning%20of%20Land%20Vehicles%2
0and%20Equipment.pdf and The Bureau of Reclamation’s “Inspection and Cleaning Manual for
Equipment and Vehicles to Prevent The Spread of Invasive Species”
http://www.usbr.gov/mussels/prevention/docs/EquipmentInspectionandCleaningManual2010.pdf.
4.1 Single or first visit
Any vehicle traveling onto UH managed lands for the first time, or on a single‐visit basis, must be
thoroughly cleaned prior to arrival at the Saddle Road / Mauna Kea Access Road junction in
accordance with the specifications above. Rental cars are generally cleaned and inspected with
each use and can typically be assumed to have been cleaned for the purposes of this requirement.
4.2 Regular visitor
Vehicles that travel onto UH managed lands on a regular basis must be externally cleaned at least
monthly as described above and the interior maintained in a clean condition at all times, prior
to arrival at the Saddle Road / Maunakea Access Road junction. If a vehicle leaves the island of
Hawai‘i and returns to UH managed lands, it will be treated as a first‐visit (see above).
4.3 Vehicles with three or more axles & Equipment
All vehicles with three or more axles, and all equipment must be thoroughly cleaned prior to
arrival at the Saddle Road / Maunakea Access Road junction in accordance to the specifications
above and inspected by a DLNR‐approved biologist as defined in the Inspection of Construction,
Scientific Equipment, & Supplies SOP. Once cleaned and inspected, if diverted to another job
outside of UH managed lands, the vehicle must be re‐cleaned and re‐inspected prior to returning.
4.4 Vehicles & Equipment that do not leave UH managed lands for a contiguous 30‐
day period
 Equipment (i.e. road grader, trailers, etc.) and vehicles that do not leave UH managed
lands in a contiguous 30‐day period shall still be washed monthly. Washing may occur
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at Halepōhaku. Routine road dust from the Summit Access Road need not be washed off
more frequently than monthly.
All vehicles and equipment that leave UH managed lands and travel below Halepōhaku
(staff vehicles, delivery trucks or trailers, etc.) in the course of a contiguous 30‐day period
must be washed monthly below the Saddle Road / Maunakea Access Road Junction.
Vehicles that do not leave the Maunakea Science Reserve (EEV, SMA transporter, etc.) do
not need to be washed unless transported to Halepōhaku or below.
For storing or staging of equipment at Halepōhaku destined for the summit, see
Inspection of Construction, Scientific Equipment, & Supplies SOP.
5. Inspections
Prior to commencement of each journey, the vehicle operator is to visually inspect the vehicle exterior
and interior to ensure it is free of contaminants and other debris that might harbor plant, animal, or
earthen materials. If the operator observes a build‐up of these contaminants, (not including typical dust
and other materials accumulated along paved, maintained, public roads), he/she must clean or arrange
for the vehicle to be cleaned prior to arrival at the Saddle Road / Maunakea Access Road junction.
Inspections by a DLNR‐approved biologist are not required for vehicles with 2 axles. All vehicles and
equipment on UH managed lands may however, be inspected by Maunakea Rangers or other OMKM staff
at any time. If plant, animal, or earthen materials are observed, including mud, plant seeds or live animals,
the operator and vehicle may be liable for penalties as described in the following sections. Equipment
stored at Halepōhaku or deposited there for staging purposes prior to transport to other locations on UH
managed lands, vehicles with three or more axles, equipment, construction, scientific equipment, supplies
and deliveries must be inspected by a DLNR‐approved biologist. Inspections by a DLNR‐approved biologist
may be requested on‐line at http://www.malamamaunakea.org/inspections or by calling 808‐933‐0734.
See the Inspection of Construction, Scientific Equipment, & Supplies SOP for details.
6. Reporting, Verification, & Penalties Associated with Non‐Compliance
Should invasive species be found on vehicles or equipment within UH managed lands, the operator is to
stop, confine the invasive species, and immediately leave UH managed lands and return to a location
below the Saddle Road junction where remedial action can be taken.
6.1 No Concerns Identified
No reporting, record keeping, or verification documentation (of cleaning or operator inspections)
is required.
6.2 Concerns Identified
Once on UH managed lands, users must report and identify when soil, plant material, or insects
are found on equipment, vehicles, or deliveries; and report any remedial actions taken to OMKM
within 12 hours. (This requirement does not extend to typical road dust, etc. that accumulate
while on UH managed lands). Reporting may be done by email or telephone. If unsure of remedial
actions to take, and or immediate attention is needed (i.e. found a spider nest on vehicle while at
Halepōhaku), report to a Maunakea Ranger. If possible, contain the insect, soil, or plant material
by placing it in a sealable plastic, glass, or similar container and share with OMKM for
identification. Do not brush it off onto the ground, roadside, or into the trash.
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6.3 Verification
OMKM Rangers and staff may conduct vehicle inspections on UH managed lands at any time to
verify cleanliness; this includes unattended vehicles. These will be summarized in daily “Ranger
Reports” and vehicle owners will be notified if any concerns are identified.
6.4 Penalties
Operators who fail to comply with cleaning and inspection guidelines will be subject to a penalty.
Such penalty may be imposed immediately by the Ranger, or after the report has been reviewed
by OMKM staff. For example a vehicle discovered with potted plants on the summit on a Tuesday
may be directed to leave immediately or directed to leave the following day after the Ranger
report is reviewed by OMKM staff. The following penalties are in addition to any applicable State
of Hawaii and other statute, rule, permit, or other requirement.
1st Incidence
Vehicle, operator, and cargo immediately leave UH managed lands. If the driver cannot
be located, the vehicle may be towed, at owners expense. Inspection by DLNR‐approved
biologist required prior to returning to UH managed lands.
2nd Incidence
Same as first incidence. In addition, vehicle, operator, and cargo will not be permitted to
return to UH managed lands for 5 calendar days.
3rd Incidence
Same as first incidence. In addition, vehicle, operator, and cargo will be excluded from UH
managed lands pending the outcome of a meeting between the entity operating under a
permit and OMKM to determine if any additional actions applicable to the permit are
warranted. Meetings will be between directors (i.e. Telescope director and OMKM
director, substitutions permitted only at OMKM discretion).
6.5 Reporting
Reporting of vehicle cleaning or operator inspections is not required. A brief summary of DLNR‐
approved inspections and Ranger reports will be included in an Invasive Species Annual Report,
prepared by OMKM staff. Users are encouraged to provide suggestions to OMKM, at any time,
for potential improvement of invasive species protocols and means of enhancing resource
protection and compliance.
If uncertain about the need for cleaning or inspecting vehicles, or about potential avenues for invasive
species to ‘hitchhike’, please ask OMKM.
7. Contact Information
To contact OMKM with questions or concerns regarding this SOP:
Web: http://www.omkm.org/inspections/
Phone: 808‐933‐0734
Email: omkm@hawaii.edu
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Standard Operating Procedure 02
Inspection of Construction, Scientific Equipment, & Supplies
Version 1.0, 11/4/14, Jessica Kirkpatrick & Fritz Klasner
1. Purpose and Scope
This standard operating procedure (SOP) is designed to reduce the risks from the introduction of invasive
species to University of Hawai’i (UH) managed lands. As outlined in the 2009 Maunakea Comprehensive
Management Plan (CMP), inspection and cleaning of construction and scientific equipment is required
prior to traveling beyond the Saddle Road / Maunakea Access Road junction. This SOP refers to loads,
deliveries, packages, construction materials, scientific tools and equipment that will be used on
Maunakea. This SOP only applies to UH Managed lands, regardless of destination (i.e. it applies to users
accessing the Natural Area Reserve through UH Managed lands). Cleaning of vehicles with 2 axles or less
are described in the Cleaning of Vehicles and Personal Belongings SOP 01. Guidelines within this SOP
include separate requirements for small containers and packages, packages or containers stored outdoors
or indoors on an unpaved surface including construction materials, aggregate, equipment, supplies,
equipment stored or staged at Halepōhaku, and containers or packages stored indoors. These guidelines
do not apply to private vehicles that are not engaged in an activity covered by a permit (CDUP, Special
Use, etc.).
2. Preparation
Those shipping or traveling to University managed lands are encouraged to:
 Review International Standards for Phytosanitary Measures #23 “Guidelines For Inspection”,
prepared by the Secretariat of the International Plant Protection Convention,
https://www.ippc.int/publications/guidelines‐inspection
 Self‐inspect deliveries at point of origin. This does not alter inspection requirements below.
 Maintain clean storage, workshop, and shipping locations that are free of invasive plants, insects and
other animals.
 Plan accordingly as an inspection by a DLNR‐approved biologist may be required. Maintain a location
for inspections that is free of plant, animal, or earthen material; regularly treated for invasive species;
with suitable cleaning supplies (vacuums, running water, etc.) available to take remedial action when
concerns are identified during inspections.
When shipping supplies and equipment to UH managed lands, operators are required to:
 Use bark‐free wood as identified in International Standards for Phytosanitary Measures (ISPM) #15
“Regulation of Wood Packaging Material in International Trade”, prepared by the Secretariat of the
International Plant Protection Convention, https://www.ippc.int/publications/regulation‐wood‐
packaging‐material‐international‐trade‐0.
Example mark (above) found on wood meeting the treated and bark‐free
requirement of ISPM #15. This mark is not required, but is encouraged
(treatment to ISPM #15 standards is not available in the State of Hawaii).
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Inspection of Construction, Scientific Equipment & Supplies
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
Minimize materials and dunnage included to the minimum required for safe and secure delivery. If
minimizing materials is not possible, then be prepared to remove packing materials for any inspection.
 Clean vehicles and deliveries: Cleaning includes removal of all plant, animal, and earthen materials
on supplies and equipment prior to arrival on UH managed lands. See the Cleaning of Vehicles and
Personal Belongings SOP for cleaning details.
 Maintain vehicles and equipment: ensure that equipment and vehicles are in good working condition
and are free of leaks (hydraulic, transmission, radiator, fuel, motor oil, etc.).
 Once cleaned and inspected, if diverted to another job outside of UH managed lands, vehicle and
cargo must be re‐cleaned and re‐inspected prior to returning to Maunakea.
Schedule a re‐inspection if equipment is stored at Halepōhaku: Those that plan on staging or storing
equipment or supplies at Halepōhaku, destined for the summit, for 4 days or more are required to
schedule a re‐inspection of the staged item(s) before proceeding above Halepōhaku. Please plan
accordingly.
3. Equipment, Materials, Supplies, & Load Guidelines
1) Aggregate materials:
a) Aggregate and fill materials must be inspected by a DLNR‐approved biologist for plant, animal,
and earthen materials. The load itself and the site where aggregate and fill materials were
extracted or stored both must be inspected. The vehicle carrying the aggregate or fill material
must follow vehicle procedures stated in the Cleaning of Vehicles and Personal Belongings SOP,
as well as this SOP. If plant, animal, or earthen materials are found in aggregate and fill materials,
the vehicle and entire delivery must not enter UH managed lands until materials are re‐inspected
and approved for use on Maunakea. Aggregate and fill materials must be inspected within 4 days
(96 hours) prior to arrival on University lands.
2) Items Stored Outdoors or Indoors on an Unpaved Surface (not including shipping and port holdings)
Items stored outdoors, or indoors on unpaved surfaces, have a greater chance of hosting invasive
species. Therefore, containers and their contents that have been stored outdoors or indoors on an
unpaved surface for at least 4 days must be first cleaned and then inspected by a DLNR‐approved
biologist. See the Cleaning of Vehicles and Personal Belongings SOP for cleaning details. An approved
inspection certificate is required to proceed onto UH managed lands.
a) Construction Supplies and Materials (i.e. equipment, vehicles with three (3) or more axles,
lumber, steel, wiring or cables, earth moving equipment, etc.):
i) Cleaning: All construction supplies and materials must be cleaned before arrival onto UH
managed lands.
ii) Inspection: All construction supplies and materials stored outdoors or on unpaved surfaces
must be inspected by a DLNR‐approved biologist after cleaning. If plant, animal, or earthen
materials are observed, then the cleaning and inspection process must be repeated. All
construction supplies and materials must be free of plant, animal, and earthen materials
before arrival on UH managed lands. Inspections must occur within 4 days (96 hours) prior to
arrival on University lands.
b) All Other Containers or Packages stored outside or on an unpaved surface, regardless of size:
i) Cleaning: All items stored outside or indoors on an unpaved surface for at least 4 days must
be cleaned before arrival on UH managed lands.
ii) Inspection: All items, regardless of size, stored outside or indoors on an unpaved surface
must be inspected by a DLNR‐approved biologist for plant, animal, and earthen materials.
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Large and small items must be inspected within 4 days (96 hours) prior to arrival on UH
managed lands.
3) Stored Indoors (items stored outdoors or indoors on an unpaved surface must refer to #2 above):
a) Small containers/packages (maximum 156'' girth and not to exceed 200 Ibs):
i) Cleaning: All small containers or packages (less than or equal to 156'' girth, 200 Ibs.) stored
indoors should be cleaned before arrival on UH managed lands.
ii) Inspection: all small containers must be inspected for plant, animal, and earthen materials by
the carrier prior to going above the Saddle Road junction. Packages must be inspected by the
carrier no more than 4 days (96 hours) prior to arrival on University lands. Unless plant,
animal, and earthen materials are encountered, no reporting is necessary. If plant, animal,
and earthen materials are not observed, then the delivery may proceed.
b) Large containers / packages (shipping containers, open freight, and large packages (greater than
156'' girth and/or weighing more than 200 Ibs):
i) Cleaning: All large containers stored inside must be clean before proceeding above the Saddle
Road junction and arrival on UH managed lands.
ii) Inspection: All large containers, packages, and materials must be inspected by a DLNR‐
approved biologist for plant, animal, and earthen materials. Items must be inspected within
4 days (96 hours) prior to arrival on UH managed lands.
4) Staged or stored outdoors at Halepōhaku for 4 days or more, and destined for the summit
The Halepōhaku area has multiple ant (Cardiocondyla kagutsuchi) populations, and staging or storing
equipment outdoors at Halepōhaku for 4 days or more increases the threat of contaminating stored
item(s). Therefore, items stored outdoors for 4 days or more must be re‐inspected prior to
proceeding above Halepōhaku, including storage on a vehicle.
i) Inspection: Items destined for the summit that is staged or stored outdoors or on a vehicle at
Halepōhaku for 4 days or more must be inspected by a DLNR‐approved biologist for animal
plant, and earthen materials. These items must be inspected within 4 days (96 hours) prior
to proceeding above Halepōhaku.
5) Routine Deliveries and Equipment Use
Many deliveries (such as water, portable toilets, compressed gasses, Keck mirror segments, etc.) and
equipment use (such as MKSS utilities snow removal, road grading, etc.) occur regularly. OMKM will
work with these routine entities to certify that equipment is stored in invasive species free sites and
appropriately maintained.
This invasive species maintenance at their storage site, including
Halepōhaku, is the responsibility of the partner entity, not OMKM.
i) Cleaning: All applicable cleaning criteria still apply. See Standard Operating Procedure 01,
Cleaning of Vehicles and Personal Belongings for details. Portable toilet contents may only
include: hand cleaning solution that does not necessitate wiping dry (i.e. waterless hand
sanitizer), toilet paper, and non‐formaldehyde based deodorizing solution; and must be clean
and unused with a secondary door retainer.
ii) Inspections with routine entities include 3 phases:
(1) Site Inspections: After an initial meeting and program review with OMKM, all company‐
owned staging or storage sites used by the company will be inspected by a DLNR‐
approved biologist at least annually and without advance notice. Sites must be free of
invasive plant species (plant and animal), and if species are present a treatment plan
devised and implemented by the partner entity, approved by OMKM, and treatment
records shared according to the treatment plan.
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(2) Vehicle Inspections: Highway licensed vehicles will be inspected during the site
inspection(s) and again at random times on UH managed lands, as opposed to concurrent
with each entry onto UH managed lands. Those failing inspections on UH managed lands
will be subject to penalties outlined in SOP 1.
(3) Equipment & Cargo Inspections: At present, the only potential cargo suited for routine
delivery is water, compressed gasses, and Keck mirror segments. The only equipment
(unlicensed vehicles) suitable for routine delivery processes is MKSS road maintenance
equipment permanently stored at Halepōhaku.
iii) Anyone wishing to approve other vehicles, cargo, or equipment for routine delivery should
contact OMKM.
4. Corrective Action
If plant, animals, or earthen materials are observed on UH managed lands at any time, contain and
securely seal the package or delivery (using garbage bag, plastic wrap, etc.), and contact OMKM staff
immediately. The contaminated package or delivery is not permitted to proceed to University lands, until
re‐inspected and approved by a DLNR‐approved biologist.
5. Inspectors
As stipulated in the 2009 Maunakea CMP, inspectors must be a biologist, recommended by OMKM, and
approved by the Department of Land & Natural Resources (DLNR). To be recommended by OMKM, a
biologist must:
1) Attend Maunakea resource orientation,
2) Review the Maunakea Invasive Species Plan and all associated materials, including IPPC
information.
3) Participate in one or more inspections with OMKM invasive species program staff for training
purposes.
4) Demonstrate knowledge, training, and understanding of invasive species.
5) Be able to identify common invasive species threats.
As of 9/22/14, DLNR‐approved biologists for Maunakea invasive species inspections are:
Name
All Inspectors
Frederick Klasner
Jessica Kirkpatrick
Amber Stillman
Springer Kaye
James Parker
Robert Parsons
Martha Kawasaki
Casper Vanderwoude
Michelle Montgomery
Rachel Malani
Brent Sheehan
Title
Affiliation
Hawaii Dept. of Agriculture, Plant Quarantine Branch
Natural Resource Manager
OMKM
Resource Management Assistant
OMKM
Natural Resource & GIS Technician
OMKM
Manager
BIISC
Early Detection Specialist
BIISC
Early Detection Specialist
BIISC
Biologist
BIISC
Manager
Hawaii Ant Lab
Research Technician
Hawaii Ant Lab
Research Technician
Hawaii Ant Lab
Research Technician
Hawaii Ant Lab
For more information on who may inspect or to schedule
http://www.malamamaunakea.org/inspections or call 808‐933‐0734.
SOP #02
Inspection of Construction, Scientific Equipment & Supplies
an
Date Approved
Nov. 5, 2013
Nov. 5, 2013
Nov. 5, 2013
Nov. 5, 2013
Nov. 5, 2013
Nov. 5, 2013
Nov. 5, 2013
Nov. 5, 2013
Nov. 5, 2013
Nov. 5, 2013
Nov. 5, 2013
Nov. 5, 2013
inspection,
visit
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6. Inspection Process
Inspectors look for plant, animal, and earthen materials, as well as hydraulic, transmission, radiator, fuel,
and oil leaks on the equipment or vehicle. Inspecting for these items help to ensure the protection of
both natural and cultural resources on Maunakea. If the entire delivery can be visually observed and
physically accessed by the inspector, then a visual inspection will typically be conducted. Inspectors may
however, choose to use bait techniques with such a delivery. The entity requesting the inspection is
responsible for identifying an inspection location that is free of plant, animal, or earthen material;
regularly treated for invasive species; and has cleaning supplies (vacuums, running water, etc.) available
to take remedial action when concerns are identified.
If the entire delivery cannot be visually observed or physically accessed by the inspector, or if the delivery
was stored in a contaminated location, or stored for more than 3 months outside, baits will be used as an
attractant. Users should expect a typical inspection duration with baits of at least 1 hour. Baits will
combine attractants (jam, spam, and peanut butter [carbohydrate, protein, lipid]) using vials or cards,
with at least 5 samples/traps (each with all 3 baits) per delivery.
Inspections are a commercial activity and are not permitted on road shoulders or private property without
landowner permission. Inspectors may deny delivery of loads, cargo, or vehicles when the inspection
location is known to be contaminated (for example, Argentine Ants are known to be present at the Saddle/
Access Road junction). Except for equipment and materials stored at Halepohaku, inspections must occur
below the Saddle Road Junction. Inspections will not occur on State or County road shoulders, State or
County Parks, Department of Hawaiian Home Lands, etc. as permission has not been granted.
Items must be inspected within 4 days (96 hours) prior to arrival on UH managed lands.
7. Requesting Inspections and Reporting
Inspections are requested by users and results of inspections by DLNR‐approved biologists are recorded
at http://www.malamamaunakea.org/inspections.
Each observatory has management access to
generate reports of inspection requests and results of inspections conducted by DLNR‐approved
biologists. OMKM will prepare annual summaries to be included in the Invasive Species Annual Report.
Users may review status of requested inspections and results for past inspections at this same location.
Reporting of inspections conducted by anyone other than DLNR‐approved biologists is not required.
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Inspection of Construction, Scientific Equipment & Supplies
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Office of Mauna Kea Management ‐ Invasive Species Inspection Certificate
Date Inspected:
Inspected By:
Delivery Must Occur by:
Destination:
Vehicle License (or description):
Cargo Description:
Delivery is
Approved
‐‐‐‐‐
Rejected
(circle one)
Inspections valid only for stated vehicle, cargo, destination, & time frame (96 hours/4 days).
Please provide this certificate to facility manager (Construction Site Manager).
Office of Mauna Kea Management ‐ Invasive Species Inspection Certificate
Date Inspected:
Inspected By:
Delivery Must Occur by:
Destination:
Vehicle License (or description):
Cargo Description:
Delivery is
Approved
‐‐‐‐‐
Rejected
(circle one)
Inspections valid only for stated vehicle, cargo, destination, & time frame (96 hours/4 days).
Please provide this certificate to facility manager (Construction Site Manager).
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Inspection of Construction, Scientific Equipment & Supplies
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OMKM Invasive Species Inspection Data Sheet
Inspector
Inspection Location
Date/Time of Inspection
Expiration Date/Time
of Inspection
OMKM approved inspection biologist
Where was the inspection conducted?
When was inspection conducted?
Inspections are valid for 4 days
(96 hours).
Destination
Facility Affiliation
Facility Representative
Vehicle Owner
Who is this inspection for (for example:
TMT, even if the cargo is destined for
Keck)?
Who was present from the facility,
contractor, etc.?
Identify owner: examples:
private, Subaru,
Isemoto,
Oahu AirConditioning, etc.
Cargo Description
Inspection @ Origin?
Bait
used?
Briefly describe cargo, if any, applicable to
inspection.
Was the cargo inspected prior to
shipping to Hawaii?
Identify baits used (i.e. Spam,
Peanut Butter, Jam, Cat food,
etc.), duration, & quantity
Concerns Identified
Remediation Taken
Re‐inspection
Approved for delivery
Identify if any concerns were identified
in the inspection (vehicle, cargo,
operator, inspection site, etc.).
Were any remedial efforts made during
inspection to pass? If so, describe in detail.
As opposed to a delivery rejected for
treatment and subsequent re‐inspection.
Was this a re‐inspection following up
from a previously rejected delivery? Yes
or No
Was the delivery approved or
rejected? Approved or
Rejected
Inspections
destination.
are
for
a
specific
Vehicle Lic.
If applicable, identify License #.
unlicensed, describe.
Certificate
If
#
Data Entered:
SOP #02
Inspection of Construction, Scientific Equipment & Supplies
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(Attractant)
Office of Mauna Kea Management Invasive Species Plan
8. Emergencies
In the event of an emergency, such as telescope instrument failure with delivery of
replacement parts the same day/night, the entity operating under a permit must still first
submit the inspection request in the online system: www.malamamaunakea.org/inspections
and clearly state in the comment field the nature of the emergency, vehicle used in delivery,
and describe the cargo delivered. OMKM may follow up with on‐site inspections of the
delivery or vehicle, and will summarize emergency deliveries in annual reporting.
Health and safety emergencies are exempt from all requirements and no reporting is necessary.