Attachment B Terms and Conditions4.28.26.docx

Attachment B – Terms and Conditions Kokee Firebreak Maintenance HIePRO Solicitation # B26002541

Contract: The successful bidder will be issued a Purchase Order by the State for the line item prices identified by this solicitation.

Authority of the State: The State shall decide all questions that may arise as to the work performed hereunder, as to the manner of such performance, as to the interpretation of any law, rule or regulation, policies and procedures, as to compensation, and as to any other matter that may arise under the Contract. The decision of the State in such matters shall be final as long as not in violation of law and not arbitrary, capricious or characterized by abuse of discretion.

Offer Form: Bidder is required to submit its offer using the exact legal name of the business as registered with the Department of Commerce and Consumer Affairs, if applicable; and to indicate exact legal name in the appropriate space on Offer Form. Failure to do so may delay proper execution of the Purchase Order.

The authorized signature on the first page of the Offer Form shall be an original signature in ink, which shall be required before an award, if any, can be made. The signed Offer Form shall indicate bidder’s intent to be bound. Please upload a copy when submitting bid on HIePRO, Retain the original to submit if selected for award.

Offers must be submitted through HIePRO system, supporting documentation, if unable to be uploaded, can be emailed to scott.d.nelson@hawaii.gov Method of Award: At the close of this solicitation the bids will be reviewed by Project Manager. Award will be made to the lowest responsive responsible bid. The bidder must provide a bid for all line items in the solicitation to qualify for award. All supporting documents must either be submitted on HIePRO at time of offer (preferred) or submitted to scott.d.nelson@hawaii.gov within seven calendar days of solicitation closing (May 27, 2026).

Bonding: Please upload a copy of the completed SURETY BOND (Exhibit A) via HIePRO with your bid. The bid bond shall be 5% of the total bid price.

For every Purchase Order, the contractor will be required to submit both (two (2) bonds) a Performance Bond and a Labor and Material Payment Bond for 100% of the PO price. The State will draft the PO for the desired quantities of each line item and forward to the Contractor. The Contractor will return the draft with the required Performance Bond and a Labor and Material Payment Bond, and DOFAW will submit for processing. After the PO has been approved work may begin.

Payment: Partial payments may be invoiced for mobilization and at the completion of a line item, or at the completion of the project.

General Conditions: AG-008 103D General Conditions shall be made a part of these contract specifications and are referred to hereafter as the General Conditions.

DLNR Interim General Conditions (rev.10/1994) shall be made a part of these contract specifications and are referred to hereafter as the Interim General Conditions.

Federal Wages will be used to conduct this contract, and thus Davis Beacon Wages will apply. For more information see the link below:

Davis-Bacon Wage Determinations | U.S. Department of Labor Contractor’s License Required: The State will reject all bids received from contractors who have not been licensed by the State Contractors License Board in accordance with Chapter 444, HRS; Title 16, Chapter 77, Hawaii Administrative Rules; and statutes amendatory thereto.

Subcontractors: Bidder shall provide the name and contact information for any subcontractor to be used on the project. Failure to provide this information shall be grounds for bid rejection.

Insurance: Bidder shall provide proof of insurance including: the insurance agent (company name), contact person and phone number, the insurance underwriter, and the policy number. Failure to provide such information shall be grounds for bid rejection.

LIABILITY INSURANCE

The Contractor shall maintain in full force and effect during the life of this contract, liability and property damage insurance to protect the Contractor and his subcontractors, if any, from claims for damages for personal injury, accidental death and property damage which may arise from operations under this contract, whether such operations be by himself or by a subcontractor or anyone directly or indirectly employed by either of them. If any subcontractor is involved in the performance of the contract, the insurance policy or policies shall name the subcontractor as additional insured.

As an alternative to the Contractor providing insurance to cover operations performed by a subcontractor and naming the subcontractor as additional insured, the Contractor may require the subcontractor(s) to provide its own insurance which meets the requirements herein. It is understood that a subcontractor's insurance policy or policies are in addition to the Contractor's own policy or policies.

The following minimum insurance coverage(s) and limit(s) shall be provided by the Contractor, including its subcontractor(s) where appropriate.

injury and property damage

PD: $1,000,000 per accident

Each insurance policy required by this contract, including a subcontractor's policy, shall contain the following clauses:

1."This insurance shall not be cancelled, limited in scope of coverage or non-renewed until after 30 days written notice has been given to the State of Hawaii, Department of Land and Natural Resources, Division of Forestry and Wildlife, 3060 Eiwa Street Room 306, Lihue HI 96766."

2."The State of Hawaii is added as an additional insured as respects to operations performed for the State of Hawaii."

3."It is agreed that any insurance maintained by the State of Hawaii will apply in excess of, and not contribute with, insurance provided by this policy."

The minimum insurance required shall be in full compliance with the Hawaii Insurance Code throughout the entire term of the contract, including supplemental agreements.

Upon Contractor's execution of the contract, the Contractor agrees to deposit with the State of Hawaii certificate(s) of insurance necessary to satisfy the State that the insurance provisions of this contract have been complied with and to keep such insurance in effect and the certificate(s) therefore on deposit with the State during the entire term of this contract, including those of its subcontractor(s), where appropriate. Upon request by the State, the Contractor shall be responsible for furnishing a copy of the policy or policies.

Failure of the Contractor to provide and keep in force such insurance shall be regarded as material default under this contract, entitling the State to exercise any or all of the remedies provided in this contract for a default of the Contractor.

The procuring of such required insurance shall not be construed to limit the Contractor's liability hereunder or to fulfill the indemnification provisions and requirements of this contract. Notwithstanding said policy or policies of insurance, the Contractor shall be obliged for the full and total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract.

Irregular Bids: No irregular bids or propositions for doing the work will be considered.

Change Orders: No work of any kind in connection with the work covered by the plans and specifications shall be considered as change order work, or entitle the Contractor to extra compensation, except when the work has been ordered in writing by the Project Manager.

The Contractor shall clearly identify and inform the Project Manager in writing of any deviations from the contract documents at the time of submission and shall obtain the Project Manager’s written approval to the specified deviation prior to proceeding with any work.

Wages and Hours: The current minimum wage rates promulgated by the Department of Labor and Industrial Relations (DLIR) shall be paid to the various classes of laborers and mechanics engaged in the performance of this contract on the job site. The minimum wages shall be increased during the performance of the contract in an amount equal to the increase in the prevailing wages for those kinds of work as periodically determined by the DLIR.

The Department of Land and Natural Resources will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the said minimum wage rates. The possibility of wage increase is one of the elements to be considered by the Contractor in determining his Bid, and will not, under any circumstances, be considered as the basis of a claim against the Department under this Contract.

No work shall be done on Saturdays, Sundays, legal State holidays, and/or in excess of eight (8) hours each day without the written consent of the Project Manager. Should permission be granted to work at such times, the Contractor shall pay for all administrative and labor costs thereof. No work shall be done at night unless authorized by the Project Manager. This project may require work on Saturdays, Sundays, legal State holidays, and/or in excess of eight (8) hours each day, and/or at night. Work during these times will be permitted subject to approval by the Project Manager.

Property Damage: It shall be the responsibility of the contractor to respect State property and to prevent damage to existing improvements. The Contractor will be responsible for damages resulting from construction operations. Immediately upon discovery, the Contractor shall repair such damage to the satisfaction of the Project Manager.

Bidder’s Responsibility to Provide Proper Superintendence: The successful low bidder shall designate in writing to the Program Manager the name of its authorized superintendent (Superintendent), who will be present at the job site whenever any work is in progress. The Superintendent shall be responsible for all work, receiving and implementing instructions from the Project Manager in a timely manner. The cost for superintendence shall be considered incidental to the project.

If the Superintendent is not present at the site of work, the Program Manager shall have the right to suspend the work.

Hiring of Hawaii Residents: The Contractor shall comply with Act 68, SLH 2010, in the performance of; and for the duration of this contract. The Contractor shall ensure that Hawaii residents compose not less than eighty percent of the workforce employed to perform the contract work on the project. The eighty percent requirement shall be determined by dividing the total number of hours worked on the contract by Hawaii residents, by the total number of hours worked on the contract by all employees of the Contractor in the performance of the contract. The hours worked by any Subcontractor of the Contractor shall count towards the calculation for this section. The hours worked by employees with shortage trades, as determined by the Department of Labor and Industrial Relations (DLIR), shall not be included in the calculation for this section.

The requirements shall apply to any subcontract of $50,000 or more in connection with the Contractor, that is, such Subcontractors must also ensure that Hawaii residents compose not less than eighty percent of the Subcontractor’s workforce used to perform the subcontract.

Public Convenience and Safety: The Contractor shall conduct construction operations with due regard to the convenience and safety of the public at all times. No materials or equipment shall be stored where it will interfere with the safe passage of public traffic. The Project Manager shall have the right to suspend the performance of the work.

Worker Safety: The Contractor shall provide, install and maintain in satisfactory condition all necessary protective facilities and shall take all necessary precautions for the protection and safety of its workers in accordance with the Occupational Safety and Health Standards for the State of Hawaii. The Project Manager shall have the right to suspend the performance of the work.

Other Health Measures: Forms of work site exposure or conditions which may be detrimental to the health or welfare of workers or of the general public shall be eliminated or reduced to safe levels as required by the DOH codes, standards, and regulations. Suitable first aid kits and a person qualified to render first aid, as specified in the DOH regulations, shall be provided at all times when work is scheduled.

Hawaii Business or Compliant Non-Hawaii Business Requirement: Bidders (Contractors) shall be incorporated or organized under the laws of the State or be registered to do business in the State as a separate branch or division that is capable of fully performing under the contract, as stipulated in §3-122-112 HAR.

Compliance with §3-122-112 HAR: As a condition for award of the contract and as proof of compliance with the requirements of 103D-310(c) HRS, the selected bidder shall furnish the required documents to the Department. If the valid required certificates are not submitted on a timely basis for award of a contract, a bidder otherwise responsive and responsible may not receive the award. Bidder is responsible to apply for and submit the following documents to the Department.

A. TAX CLEARANCE REQUIREMENTS (HRS Chapter 237): Bidder shall obtain a tax clearance certificate from the Hawaii State Department of Taxation (DOTAX) and the Internal Revenue Service (IRS). The certificate is valid for six months from the most recently approved stamp date on the certificate; the certificate must be valid on the date received by the Department.

B. Department of Labor (DLIR) “Certificate of Compliance”. (HRS Chapter 383 -Unemployment Insurance, Chapter 386 - Workers’ Compensation, Chapter 392 -Temporary Disability Insurance, and 393 – Prepaid Health Care): Bidder shall obtain a certificate of compliance from the Hawaii State Department of Labor and Industrial relations (DLIR). The certificate is valid for six months from the date of issue; certificates must be valid on the date received by the Department.

C. Department of Commerce and Consumer Affairs (DCCA), Business Registration Division (BREG) “Certificate of Good Standing”. Bidder shall obtain a certificate of good standing issued by the Department of Commerce and Consumer Affairs (DCCA), Business Registration Division (BREG). The certificate of good standing is valid for six months from the date of issue; certificates must be valid on the date received by the Department.

Preferably, instead of separately applying for these certificates at the various state agencies, bidder may choose to use the Hawaii Compliance Express (HCE), which allows businesses to register online through a simple wizard interface at http://vendors.ehawaii.gov to acquire a “Certificate of Vendor Compliance” indicating the bidder’s status is compliant with the requirements of §103D-310(c), HRS, and shall be accepted for contracting and final payment purposes. Bidders that elect to use the new HCE services will be required to pay an annual fee to the Hawaii Information Consortium, LLC (HIC).

Campaign Contributions: Contractors are hereby notified of the applicability of Section 11-355, HRS, which states that campaign contributions are prohibited from specified State or county government contractors during the term of the contract if the contractors are paid with funds appropriated by a legislative body.

Protest: A protest shall be submitted in writing within five (5) working days after the aggrieved person knows, or should have known, of the facts giving rise thereto; provided that a protest based upon the content of the solicitation shall be submitted in writing prior to the Offer Due Date. Further provided that a protest of an award or proposed award shall be submitted within five (5) working days after the posting of award.

Any protest pursuant to §103D-701, HRS, and Section 3-126-3, HAR, shall be submitted in writing to the Chair of the Department of Land and Natural Resources, 1151 Punchbowl Street, Honolulu, Hawaii 96813 or P. O. Box 621, Honolulu, Hawaii 96810-0119.

FORMS

1. Offer Form

2. Similar Project Completion Proof

OFFER FORM

HIePRO Solicitation # B26002541 Division of Forestry and Wildlife-Kauai District

Kauai District Manager Department of Land and Natural Resources Division of Forestry & Wildlife State of Hawaii

Dear Sir/Madam:

The undersigned has carefully read and understands the terms and conditions specified in the Specifications and Special Provisions attached hereto SPO GENERAL PROVISIONS and the AG General Conditions, Form AG-008 as revised attached separately; and hereby submits the following offer to perform the work specified herein, all in accordance with the true intent and meaning thereof. The undersigned further understands and agrees that by submitting this offer, 1) he/she is declaring his/her offer is not in violation of Chapter 84, Hawaii Revised Statutes, concerning prohibited State contracts, and 2) he/she is certifying that the price(s) submitted was (were) independently arrived at without collusion.

Offeror is:

☐Sole Proprietor ☐Partnership ☐*Corporation ☐Joint Venture ☐Other ________________________ *State of incorporation: ______________________________

Hawaii General Excise Tax License I.D. No. ___________________________

Payment address (other than street address below): __________________________________________ City, State, Zip Code: ___________________________________________

Business address (street address): _________________________________________________________ City, State, Zip Code: _____________________________________________

Respectfully submitted:

Date: (x) ___________________________________________ Authorized (Original) Signature Telephone No.: ____________________

Fax No.: _________________________ _____________________________________________ Name and Title (Please Type or Print) E-mail Address

**If Offeror is a “dba” or a “division” of a corporation, furnish the exact legal name of the corporation under which the awarded contract will be executed: _________________________________________

Trails 1, 2, 4, 5, & 6

Total Bid

Offeror:_________________________________ Name of Company

2. Similar Project Completion Proof - Mandatory Qualification Offeror shall provide proof of two (2) past projects/jobs completed within the last five (5) years that were 10,000 meters or more of similar type fuels reduction, mastication, mulching, firebreak, or roadside vegetation management work. Attach supporting documentation for each project, such as owner acceptance, completion letter, final invoice/payment record, contract closeout, map/GIS linework, before/after photos, or other documentation demonstrating completion, length treated, and similarity of work.

Similar Project 1 Project name / contract no.

Location / island

Owner / agency / client

Owner contact name/title

Owner phone / email

Completion date

Type of work performed

Equipment / attachments used

Terrain / access conditions

Treatment width / prescription

Final contract amount

Similar Project 2 Project name / contract no.

Location / island

Owner / agency / client

Owner contact name/title

Owner phone / email

Completion date

Type of work performed

Equipment / attachments used

Terrain / access conditions

Treatment width / prescription

Final contract amount

Certification for Similar Project Proof: The Offeror certifies that the project completion information submitted above is true and accurate and authorizes the State to contact the listed owners/clients to verify project completion, scope, quantities, and performance.

OFFEROR SHALL FURNISH THE FOLLOWING INFORMATION:

Company Name: _______________________________________________________________________

Company Address: _____________________________________________________________________

Telephone Number: Fax Number: ___________________________

E-Mail Address: _______________________________________________________________________

Contact Person: _______________________________________________________________________

Contractor's License No.: __________________________________________________________________

Commercial General Liability Insurance

Insurance Agent (Company Name): _______________________________________________________

Contact Person: Contact No.: _________________________

Insurance Underwriter: _________________________________________________________________

Policy No.: ____________________________________________________________________________ Subcontractors: If Offeror is using subcontractors for this project, Offeror shall provide the following information for each subcontractor:

1) ______________________________________________________________________________ Name Address

Contact Name Contact Phone Number

2) ______________________________________________________________________________ Name Address

Contact Name Contact Phone Number

3) ______________________________________________________________________________ Name Address

Contact Name Contact Phone Number

Offeror_______________________________________ Name of Company

EXHIBIT A

SURETY [BID] [PROPOSAL] BOND

(11/17/98)

Bond No. __________

KNOW TO ALL BY THESE PRESENTS:

That we, ________________________________________________________________, (Full Name or Legal Title of Offeror) as Offeror, hereinafter called Principal, and __________________________________________, (Name of Bonding Company) as Surety, hereinafter called Surety, a corporation authorized to transact business as a Surety in the State of Hawaii, are held and firmly bound unto ______State of Hawaii, DLNR________, (State/County Entity) as Owner, hereinafter called Owner, in the penal sum of _________________________________ (Required Amount of Bid Security)

Dollars ($______________), lawful money of the United States of America, for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS:

The Principal has submitted an offer for ____________________________________________________ HIePRO # B26002541 Kokee Firebreak Maintenance__________________________ (Project by Number and Brief Description)

NOW, THEREFORE:

The condition of this obligation is such that if the Owner shall reject said offer, or in the alternate, accept the offer of the Principal and the Principal shall enter into a Contract with the Owner in accordance with the terms of such offer, and give such bond or bonds as may be specified in the solicitation or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof as specified in the solicitation then this obligation shall be null and void, otherwise to remain in full force and effect.

Signed this _______ day of _______________, _______.

(Seal) ____________________________________ Name of Principal (Offeror)

Signature

Title

(Seal) ____________________________________ Name of Surety

Signature

EXHIBIT B

PERFORMANCE BOND (SURETY)

(6/21/07)

KNOW TO ALL BY THESE PRESENTS:

That _________________________________________________________________, (Full Legal Name and Street Address of Contractor) as Contractor, hereinafter called Principal, and ______________________________________ (Name and Street Address of Bonding Company) as Surety, hereinafter called Surety, a corporation(s) authorized to transact business as a surety in the State of Hawaii, are held and firmly bound unto the ___State of Hawaii, DLNR____, (State/County Entity) its successors and assigns, hereinafter called Obligee, in the amount of __________________ DOLLARS ($__________________), to which payment Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above-bound Principal has signed a Contract with Obligee on ___________________, for the following project: ___________________

HIePRO # B26002541Kokee Firebreak Maintenance_______________________________________ hereinafter called Contract, which Contract is incorporated herein by reference and made a part hereof.

NOW THEREFORE, the condition of this obligation is such that:

If the Principal shall promptly and faithfully perform, and fully complete the Contract in strict accordance with the terms of the Contract as said Contract may be modified or amended from time to time; then this obligation shall be void; otherwise to remain in full force and effect.

Surety to this Bond hereby stipulates and agrees that no changes, extensions of time, alterations, or additions to the terms of the Contract, including the work to be performed thereunder, and the specifications or drawings accompanying same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such changes, extensions of time, alterations, or additions, and agrees that they shall become part of the Contract.

In the event of Default by the Principal, of the obligations under the Contract, then after written Notice of Default from the Obligee to the Surety and the Principal and subject to the limitation of the penal sum of this bond, Surety shall remedy the Default, or take over the work to be performed under the Contract and complete such work, or pay moneys to the Obligee in satisfaction of the surety's performance obligation on this bond.

Signed this ________ day of _______________, _______.

(Seal) ___________________________________ Name of Principal (Contractor)

Signature

(Seal) ___________________________________

Signature

Title

*ALL SIGNATURES MUST BE ACKNOWLEDGED

BY A NOTARY PUBLIC

EXHIBIT D

LABOR AND MATERIAL PAYMENT BOND (SURETY)

(6/21/07)

KNOW TO ALL BY THESE PRESENTS:

That _________________________________________________________________, (Full Legal Name and Street Address of Contractor) as Contractor, hereinafter called Principal, and ______________________________________ (Name and Street Address of Bonding Company) as Surety, hereinafter called Surety, a corporation(s) authorized to transact business as a surety in the State of Hawaii, are held and firmly bound unto the ___State of Hawaii, DLNR____, (State/County Entity) its successors and assigns, hereinafter called Obligee, in the amount of _________________ ____________________________________________________________________________________ Dollars ($______________), to which payment Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above-bound Principal has signed a Contract with Obligee on ___________________, for the following project: ___________________

HIePRO # B26002541 Kokee Firebreak Maintenance______________________________________ hereinafter called Contract, which Contract is incorporated herein by reference and made a part hereof.

NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor and materials supplied to the Principal for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect.

1.Surety to this Bond hereby stipulates and agrees that no changes, extensions of time, alterations, or additions to the terms of the Contract, including the work to be performed thereunder, and the specifications or drawings accompanying same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such changes, extensions of time, alterations, or additions, and agrees that they shall become part of the Contract.

2.A "Claimant" shall be defined herein as any person who has furnished labor or materials to the Principal for the work provided in the Contract.

Every Claimant who has not been paid amounts due for labor and materials furnished for work provided in the Contract may institute an action against the Principal and its Surety on this bond at the time and in the manner prescribed in Section 103D-324, Hawaii Revised Statutes, and have the rights and claims adjudicated in the action, and judgment rendered thereon; subject to the Obligee's priority on this bond. If the full amount of the liability of the Surety on this bond is insufficient to pay the full amount of the claims, then after paying the full amount due the Obligee, the remainder shall be distributed pro rata among the claimants.

Signed this _______ day of ______________, _______.

(Seal) ___________________________________ Name of Principal (Contractor)

Signature

(Seal) ___________________________________

Signature

*ALL SIGNATURES MUST BE ACKNOWLEDGED

BY A NOTARY PUBLIC