27.04_HIePRO_proposal.pdf

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PROPOSAL

FOR

STATE OF HAWAII

DEPARTMENT OF LAND AND NATURAL RESOURCES

DIVISION OF BOATING AND OCEAN RECREATION

KAUA‛I DISTRICT

JOB PROPOSAL: 27.04

Date: __________________________

To: Kaua‛i District Manager

State of Hawaii Department of Land and Natural Resources Division of Boating and Ocean Recreation Kaua‛i, Hawaii

Dear Sir:

The undersigned, having carefully examined the local conditions and all available records and information covering conditions which may affect the cost of the work to be performed, and having carefully examined the requirements and specifications, and other contract documents, hereby proposes to furnish and pay for all materials, tools, equipment, labor and other incidental work necessary for the operation and/ or maintenance under the terms of this proposal as required or called for in this Proposal, all according to the true intent and meaning of the Notice to Bidders, Information and Instructions to Bidders, Proposal, Scope of Work, Operation and Maintenance Manuals, Interim General Conditions, and any and all addenda for:

Job No. 27.04 Division of Boating & Ocean Recreation, Kaua‛i District Pump-out Services at Nawiliwili Small Boat Harbor, Kauai

On file in the office of the Division of Boating and Ocean Recreation for the TOTAL SUM BID of:

Amount: ____________________________________________________________________ Dollars

It is hereby agreed that the Awardee will fully perform its duties and complete all work under the terms of this binding contract during the specified time periods from the date of written notice to proceed; the said total sum bid being itemized on the following pages:

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PROPOSAL (Revised 1/23/18)

Proposal Notes:

1. The bid should be based on the attached Scope of Work.

2. Emergency call outs will be paid for with allowance funds via this Purchase Order.

Item No.

Quantity

Unit

Description

Unit Price

Total

1. 106 Per Pumpout

Pumpout services of the wastewater at the Nawiliwili SBH as required herein of proposal.

2. Allowance

Any unforeseen emergency callouts or repair services for wastewater not considered as routine maintenance, including labor, tools, equipment, parts, chemicals, and incidentals.

$10,000.00

Total Sum Bid (Add Items 1-2) Grand Total

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HAWAII PRODUCTS PREFERENCE AND/OR USE OF HAWAII PRODUCTS

In accordance with Act 175, SLH 2009, the Hawaii products preference is applicable to this solicitation.

Hawaii products may be available for items noted on the Offer Form. The Hawaii Products List is available on the SPO webpage at http://hawaii.gov/spo. Click on Procurement of Goods, Services and Construction-Chapter 103D, HRS; under Procurement click on Preferences, Hawaii Products and select Hawaii Products List to view.

Bidder offering a Hawaii product (“HP”) shall identify the HP in the table below. Any person desiring a Hawaii product preference shall have the product(s) certified and qualified, if not currently on the Hawaii Products List, prior to the deadline for receipt of offer(s) specified in the procurement notice and solicitation. The responsibility for certification and qualification shall rest upon the person requesting the preference.

Persons desiring to qualify their product(s) not currently on the Hawaii Product List, shall complete Form SPO-38, Certification for Hawaii Product Preference, and submit the completed form to the Procurement Officer providing any additional information required by the Procurement Officer. One form shall be completed and submitted for each product. Form SPO-38 is available on the SPO webpage at http://hawaii.gov/spo, under the Quicklinks menu click on Forms for Vendors/Contractors/Services Providers.

For the purpose of selecting the low bid when a solicitation contains both HP and non-HP, the price offered for a HP item shall be decreased by subtracting 10% for the class I or 15% for the class II HP item(s) offered. The lowest total offer, taking the preference into consideration, shall be awarded the contract, unless the offer provides for additional award criteria. The contract amount of any contract awarded, however, shall be the amount of the price offered, exclusive of the preferences.

In the event of any change that materially alters the bidder’s ability to supply the Hawaii product(s), the bidder shall immediately notify the procurement officer in writing and the parties shall enter into discussions for the purpose of revising the contract or terminating the contract for convenience.

Item No.

Pre-Approved Hawaii Product Description & Manufacturer

Class (I or II) Quantity Unit

Measure Unit Price

Total Price http://hawaii.gov/spo http://hawaii.gov/spo

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RECYCLED PRODUCTS PREFERENCE

This project allows a 10% price preference for recycled products in accordance with HRS 103D-1005.

Bidders are required to complete this section. FAILURE TO COMPLETE THIS SECTION MAY BE

SUFFICIENT CAUSE FOR REJECTION OF THE BID.

Only the following products are being considered for the recycled product preference. Please indicate your selection of recycled or non-recycled product by indicating its cost FOB jobsite unloaded in the schedule below, including applicable General Excise & Use Taxes.

RECYCLED NONRECYCLED

DESCRIPTION PRODUCT COST PRODUCT COST

The bidder requesting a recycled product preference by his selection above, shall also complete and submit the form “CERTIFICATION OF RECYCLED CONTENT” as shown in the Interim General Conditions and provide all supporting information with this proposal. Additional information may be requested to qualify a product.

The following definitions are applicable to the CERTIFICATION OF RECYCLED CONTENT form:

"Post-consumer recovered material" means any product used by a consumer, including a business that purchases the material, that has served its intended end use, and that has been separated or diverted from the solid waste stream for the purpose of use, reuse, or recycling.

"Product" includes materials, manufactures, supplies, merchandise, goods, wares, and foodstuffs.

"Recovered material” means waste material and by-products that have been separated, diverted, or removed from the solid waste stream after a manufacturing process for the purpose of use, reuse, or recycling.

Recovered material does not include those materials and by-products that are generated and normally reused on-site or within original manufacturing processes (such as mill broke, in the case of paper products).

"Recycled content” means the percentage of a product composed of recovered material, or post-consumer recovered material, or both.

"Recycled product” means a product containing recovered material, or post-consumer recovered material, or both.

The bidder agrees that preference for recycled products shall be taken into consideration to determine the low bidder in accordance with said Section and the rules promulgated, however, the award of contract will be in the amount of the bid offered exclusive any preference.

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CONDITION OF AWARD

It is understood that the award of the contract will be made based on the lowest responsible Total Sum Bid selected by the Board of Land and Natural Resources.

In the event the low bid is below the available funds certified by the appropriate fiscal officer, the head of the purchasing agency responsible for the procurement in question is authorized to award Additives to the lowest bidder. The award of Additives may be in any order or combination such that the Base Bid plus Additives do not exceed the available funds.

It is understood and agreed that the Board of Land and Natural Resources reserves the right to reject any and/or all bids and waive any defects when, in the Board's opinion, such rejection or waiver will be for the best interest of the State of Hawaii.

In the event all bids exceed available funds certified by the appropriate fiscal officer, the head of the purchasing agency responsible for the procurement in question is authorized in situations where time or economic considerations preclude resolicitation of work of a reduced scope to negotiate an adjustment of the bid price, including changes in the bid requirements, with the low responsible and responsive bidder, in order to bring the bid within the amount of available funds. It is understood and agreed upon that the head of the purchasing agency may delete a portion or all of any item(s) in the proposal at the stated unit or lump sum price as necessary to stay within the available funding. The bidder is responsible to make an earnest effort to represent the actual cost of each item, including all materials, labor, equipment, overhead and profit in their bid proposal to preclude claims of anticipated profit or loss of profit because of an unbalanced bid proposal.

It is also understood that if a mutually agreeable cost for the reduced scope of work necessitated by a lack of available funds cannot be agreed upon between the bidder and the head of the purchasing agency within 14 calendar days after the bid opening, then the bid may be rejected in the best interest of the purchasing agency, and the head of the purchasing agency may negotiate in progressive order (lowest to highest) with the next lowest responsible and responsive bidder.

It is also understood and agreed that the award of the contract shall be conditioned upon funds being made available for this project and further upon the right of the Board of Land and Natural Resources to hold all bids received for a period of sixty (60) days from the date of the opening thereof, unless otherwise required by law, during which time no bid may be withdrawn.

It is also understood that Notice to Proceed may be delayed up to one (1) year after the bid opening date, and that no additional compensation will be provided for any claim for escalation or delay for issuance of Notice to Proceed on or before that date.

It is also understood and agreed that the quantities given herewith are approximate only and are subject to increase or decrease, and that the undersigned will perform all quantities of work as either increased or decreased, in accordance with the provisions of the Contract Specifications.

It is understood that by submitting this proposal said Awardee will be bound to and required to complete the job for the amount approved by the purchase order contract. In the event the job is not completed within the said awarded amount the awardee can be held liable for liquidated damages herein stated in this proposal.

It is also understood and agreed that the estimated quantities shown for the items for which a UNIT PRICE is asked in this Proposal are only for the purpose of comparing on a uniform basis, bids offered for the work under this contract, and the undersigned agrees that he is satisfied with and will at no time, dispute said estimated quantities as a means of claims for anticipated profit or loss of profit, because of a difference between the quantities of the various classes of work done or the materials and equipment installed, and the said estimated quantities. On UNIT PRICE bids, payment will be made only for the actual number of units

P-6 incorporated into the finished project at the contract UNIT PRICE.

After the proposals are opened and read, the figures will be extended and/or totaled in accordance with the bid prices of the acceptable proposals and the totals will be compared. In the comparison of bids, words written in the proposal shall govern over figures and unit prices will govern over totals. Until the award of the contract, however, the right will be reserved to reject all proposals and to waive any defects or technicalities as may be deemed best for the interest of the State.

It is also understood and agreed that liquidated damages in the amount of ONE HUNDERED DOLLARS AND NO/100 ($100.00) for each and every calendar day in excess thereof prior to completion of the contract shall be withheld from payments due to the Contractor.

It is also understood and agreed that if this bid is accepted, the successful bidder must enter into and execute a contract with the Board of Land and Natural Resources and furnish a Performance and Payment Bond, as required by law. These bonds shall conform to provisions of Section 103D-324 and 325, Hawaii Revised Statutes and any law applicable hereto.

It is also understood and agreed that the successful bidder will provide all necessary labor, materials, tools, equipment, and other incidentals necessary to do all the work and furnish all the materials specified in the contract in the manner and time herein prescribed, and according to the requirements of the Engineer as therein set forth.

It is understood that by submitting this proposal, the undersigned is declaring that his firm has not been assisted or represented on this matter by an individual who has, in a state capacity, been involved in the subject matter of this contract in the past two years.

It is understood that by submitting this proposal in accordance with HAR 3-122-192, the undersigned is declaring that the price submitted has independently arrived without collusion.

It is also understood that by submitting this proposal, a Certification for Safety and Health Programs for bids in excess of $100,000 (in accordance with HRS 396-18), the undersigned certifies that his organization will have a written safety and health plan for this project that will be available and implemented by the Notice to Proceed date of this project. Details of the requirements of this plan may be obtained from the Department of Labor and Industrial Relations, Occupational, Safety and Health Division (HIOSH).

It is further understood and agreed that the successful bidder shall comply with paragraph 3.1.a "SUBCONTRACTING" of the General Provisions which requires that the contractor shall perform with his own organization and with the assistance of workmen under his immediate superintendence, work of a value not less than twenty percent (20%) of the value of all work embraced in the Contract, except that certain contract items of work, if specifically referred to in the special provisions, will be exempted from said twenty percent requirement.

Compliance with §103-310 HRS. As a condition of award all bidders shall comply with all laws governing entities doing business in the State, including Chapter 237 HRS (general excise tax); Chapter 383 HRS (employment security – unemployment insurance); Chapter 386 HRS (workers compensation); Chapter 392 HRS (temporary disability insurance); and Chapter 393 HRS (pre-paid health care), and shall produce all documents to the State (DLNR, Engineering Division) required to demonstrate compliance with these subsections. Any bidder making a false affirmation or certification under this subsection shall be suspended and may be debarred from further offerings or awards pursuant to §103D-702 HRS.

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RECEIPT OF ADDENDA

The bidder also acknowledges receipt of all addenda issued by the Engineering Division, by recording the date of receipt of the respective addenda in the space provided below:

Addendum Date Received Addendum Date Received

No. 1 ___________ No. 5 ___________ No. 2 ___________ No. 6 ___________ No. 3 ___________ No. 7 ___________ No. 4 ___________ No. 8 ___________

It is understood that failure to receive any such addendum shall not relieve the Contractor from any obligation under this Proposal as submitted.

It is also understood and agreed that if this Proposal is accepted and the undersigned should fail or neglect to contract as aforesaid, the Board may determine that the bidder has abandoned the Contract, and thereupon, forfeiture of the security accompanying his proposal shall operate and the same shall become the property of the Board.

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JOINT CONTRACTORS OR SUBCONTRACTORS

TO BE ENGAGED ON THIS PROJECT

The Bidder agrees that the following is a complete listing of all joint contractors or subcontractors covered under Chapter 444, Hawaii Revised Statutes (HRS), who will be engaged by the Bidder on this project to perform the required work indicated pursuant to Section 103D-302, HRS. It is the sole responsibility of the contractor to review the requirements of this Project and determine the appropriate licenses that are required to complete the Project. The Bidder certifies that the completed listing of joint contractors or subcontractors fulfills the requirements for the project and the Bidder, together with the listed subcontractors or joint contractors have all the specialty contractor’s licenses to complete the work, except as provided for in HRS §103D-302(b). Failure of the Bidder to comply with this requirement may be just cause for rejection of the bid.

“A” General Engineering Contractors and “B” General Building Contractors are reminded that due to the Hawaii Supreme Court’s January 28, 2002, decision in Okada Trucking Co., Ltd. v. Board of Water Supply, et al., 97 Haw. 450 (2002), they are prohibited from undertaking any work, solely or as part of a larger project, which would require the general contractor to act as a specialty contractor in any area in which the general contractor has no license. Although the “A” and “B” contractor may still bid on and act as the “prime” contractor on an “A” or “B” project (See, HRS §444-7 for the definitions of an “A” and “B” project.), respectively, the “A” and “B” contractor may only perform work in the areas in which they have the appropriate contractor’s license (An “A” or “B” contractor obtains “C” specialty contractor’s licenses either on its own, or automatically under HAR § 16-77-32). The remaining work must be performed by appropriately licensed entities.

General Engineering “A” Contractors automatically have these “C” specialty contractor’s licenses: C-3, C-9, C-10, C-17, C-24, C-31a, C-32, C-35, C-37a, C-37b, C-38, C-43, C-49, C-56, C-57a, C-57b and C- 61.

General Building “B” Contractors automatically have these “C” specialty contractor’s licenses: C-5, C-6, C-10, C-12, C-24, C-25, C-31a, C-32a, C-42a and C-42b.

In completing the Joint Contractors or Subcontractors List, describe the specialty contractor’s nature and scope of work to be performed for this project and provide the complete firm’s name of the joint contractor or subcontractor in the respective columns. If the Bidder is a general contractor providing the work of a required specialty contractor, whose license is not automatically held pursuant to HAR 16-77- 32, fill in the Bidder’s (general contractor’s) name and nature and scope of work to be performed on this project.

List only one joint contractor or subcontractor per required specialty contractor’s classification, unless within the same specialty, the work of each joint contractor or subcontractor can be described so that there is no overlap in work descriptions.

If a contractor’s license is required by law for the performance of the work which is called for in this bid, the bidder and all subcontractors must have the required license before the submission of the bidder’s proposal in the case of a non-federal aid project, and for federal-aid projects, the bidder must have the required license prior to the award of the project and all subcontractors prior to the start of the subcontracted work.

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COMPLETE FIRM NAME OF JOINT

CONTRACTOR OR SUBCONTRACTOR

NATURE AND SCOPE OF WORK TO BE

PERFORMED

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Enclosed herewith is a:

1. Surety Bond & Performance Bond (*1) Will be required if BID is over $50,000.00.

2. Legal Tender (*2) )

3. Cashier's Check (*3) )

4. Certificate of Deposit (*3) ) in the

5. Certified Check (*3) ) amount

6. Official Check (*3) ) of

7. Share Certificate (*3) )

8. Teller's Check (*3) )

9. Treasurer's Check (*3) )

10. Proof of Insurance, $500k, State of Hawaii as Additional Insured.

11. Valid Proof of Insurance Certificate, naming the State of Hawaii, DLNR, DOBOR, 2494

Niumalu Road, Lihue, HI 96766 as additional insured. Contract number is to be listed.

(Cross Out Those Not Applicable)

____________________________________________________Dollars ($_______________) as required by law.

Respectfully submitted, Name of Company, Joint Venture or Partnership

Contractor's License No.

By ____________________________________

Signature (*4)

Title __________________________________

Print Name _____________________________

Date __________________________________

Address ________________________________

Telephone No. __________________________

E-Mail Address _________________________

NOTES:

PLEASE ATTACH TO THIS PAGE EVIDENCE OF THE AUTHORITY OF THIS

OFFICER TO SUBMIT BIDS ON BEHALF OF THE COMPANY AND THE NAMES

AND RESIDENCE ADDRESSES OF ALL OFFICERS OF THE COMPANY.

FILL IN ALL BLANK SPACES WITH REQUESTED INFORMATION.

PROPOSAL MUST BE INTACT, MISSING PAGES AND/ OR MISSING

REQUIRED ATTACHMENTS MAY INVALIDATE YOUR BID.