B Specifications CA202617C.pdf

REQUIREMENTS and SPECIFICATIONS

TO CONSTRUCT

GRAVSITE RESTORATION AT

EAST HAWAII VETERANS CEMETERY NO. 2

JOB NO.: CA-202617-C

TAX MAP KEY: 2-3-020: 007

HILO, ISLAND OF HAWAII, HAWAII

FOR AND BY THE DEPARTMENT OF DEFENSE

OFFICE OF VETERANS SERVICES

STATE OF HAWAI‘I

July 21, 2026

Civil Engineer: AECOM Technical Services, Inc.

Landscape Architect: PBR Hawaii & Associates, Inc.

East Hawaii Veterans Cemetery No.2, Hilo, Island of Hawaii, Hawaii Gravesite Restoration for East Hawaii Veterans Cemetery No. 2 Job No. CA-202617-C

Table of Contents

TABLE OF CONTENTS

TITLE PAGE

TABLE OF CONTENTS

A.0.1.1 SPECIAL NOTICE TO BIDDERS - CONSTRUCTION .......................... SN-1

A.0.1.2 SPECIAL PROVISIONS FOR CONSTRUCTION CONTRACTS .......... SP-1

A.0.1.3 OFFER FORM ........................................................................................ OF-1 A.0.1.4 GENERAL CONDITIONS.............................................................................. i

A.0.1.5 ADDITIONAL GENERAL CONDITIONS FOR CONSTRUCTION

CONTRACTS ...................................................................................... AGC-1 A.0.1.6 SPECIAL CONDITIONS .................................... SPECIAL CONDITIONS – 1 A.0.1.7 BUILD AMERICA BUY AMERICA ACT ........................................................ i

A.0.1.8 NOTICE TO BIDDERS

A.0.2.0 GENERAL REQUIREMENTS

A.0.2.1 PROJECT REQUIREMENTS

A.0.2.2 ALTERNATES

A.0.2.3 PROJECT MANAGEMENT AND COORDINATION

A.0.2.4 CONSTRUCTION PROGRESS DOCUMENTATION

A.0.2.5 SUBMITTAL PROCEDURES

A.0.2.6 QUALITY REQUIREMENTS

A.0.2.7 TEMPORARY FACILITIES AND CONTROLS

A.0.2.8 EXECUTION REQUIREMENTS

A.0.2.9 CLOSEOUT PROCEDURES

A.1.0 DESCRIPTION/SPECIFICTIONS/WORK STATEMENT

A.1.1 NCA MISSION

A.1.2 SCOPE OF WORK

A.1.3 SPECIFICATIONS AND DRAWINGS

A.1.4 FIRE SAFETY

A.1.5 OPERATIONS AND STORAGE AREAS

A.1.6 UTILITIES SERVICES

A.1.7 ALTERATIONS

A.1.8 PROTECTION OF EXISTING VEGETATION, GRASS, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS

A.1.9 RESTORATION

A.1.10 PROFESSIONAL SURVEYING SERVICES

A.1.11 LAYOUT OF WORK

A.1.12 AS-BUILT DRAWINGS

A.1.13 USE OF ROADWAYS

A.1.14 TEMPORARY TOILETS

A.1.15 AVAILABILITY AND USE OF WATER

A.1.16 HISTORIC PRESERVATION

A.1.17 REPORTING REQUIREMENTS

A.1.18 IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS

A.1.19 INSURANCE – WORK ON A GOVERNMENT INSTALLATION

A.1.20 ORIENTATION FOR CONTRACTOR EMPLOYEES

A.2.0 SPECIFIC REQUIREMENTS

A.2.1 CONTRACTOR DUTIES AND RESPONSIBILITIES

A.2.2 REQUIRED DOCUMENTATION

A.2.3 UTILITY LINES COMPLIANCE

A.2.4 GENERAL PARAMETERS

A.2.5 WORK ENVIRONMENT

A.2.6 CONTRACTOR FURNISHED ITEMS

East Hawaii Veterans Cemetery No.2, Hilo, Island of Hawaii, Hawaii Gravesite Restoration for East Hawaii Veterans Cemetery No. 2 Job No. CA-202617-C

Table of Contents

A.3.0 CONTRACTOR PERSONNEL

A.3.1 CONDUCT

A.3.2 WORKER PARKING

A.3.3 RESPONSIBILITIES AND VIOLATIONS

A.4.0 LABOR FORCE, EQUIPMENT AND SAFETY

A.4.1 TIME

A.4.2 LABOR

A.4.3 SAFETY

A.5.0 GOVERNMENT RESPONSIBILITIES

A.5.1 PRECONSTRUCTION

A.5.2 ASSISTANCE

A.6.0 GRAVE MARKER REALIGNMENT, RESETTING, AND BACKFILL

A.6.1 OVERVIEW

A.6.2 GRAVE MARKER LOCATIONS

A.6.3 RECORD KEEPING AND REPORTING

A.6.4 WORK ACTIVITY SEQUENCE

A.6.5 GRAVE MARKER SPECIFICATIONS

A.6.6 GRAVE MARKER CLEANING GENERAL INFORMATION

A.6.7 DEFINITION

A.6.8 CONTRACTOR DUTIES AND RESPONSIBILITIES

A.6.9 RECORD KEEPING AND RECORDING

A.6.10 CLEANING OF GRAVE MARKERS

A.6.11 PHASING AND WORK SEQUENCING

A.6.12 MARKING OF GRAVESITES

A.7.0 TURFGRASS RENOVATION

A.7.1 TURF ESTABLISHMENT BY SEED

A.7.2 TURF ESTABLISHMENT PERIOD

A.8.0 MATERIALS

A.8.1 CONCRETE FOR EXTERIOR SITE WORK

A.8.2 METALS

A.8.3 PANEL SIGNAGE

A.8.4 EROSION AND SEDIMENT CONTROL

A.9.0 CONTRACT MANAGEMENT

A.9.1 REPRESENTATIVES OF THE CONTRACTING OFFICER

A.10.0 CONSTRUCTION MANAGEMENT SERVICES

A.11.0 INSPECTION AND MONITORING PROCEDURES

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Revised 4/12

SPECIAL NOTICE TO BIDDERS – GOODS AND SERVICES

QUALIFICATIONS OF BIDDERS - Prospective bidders must be capable of performing the work for which bids are being called.

The Department of Defense no longer requires a submittal of “INTENTION TO BID” unless otherwise stated in the notice to bidders.

If a notice to bid is required, the written notice shall be received no later than TEN calendar days prior to the date designated for opening bids. If the 10th calendar day prior to the day designated for opening bids is a weekend or legal State holiday, then the written notice must be received no later than the last working day immediately prior to said weekend or State holiday. The written notice will be time stamped when received by said office. The time designated by the time stamping device in said office shall be official. If the written notice is hand carried, then the bearer is responsible to ensure that the notice is time stamped by said office.

It is the responsibility of the perspective bidder to ensure that the written notice of intention to bid is received in time and the State assumes no responsibility for failure of timely delivery caused by the prospective bidder or by any method of conveyance chosen by the prospective bidder.

If two (2) or more prospective bidders desire to bid jointly as a joint venture on a single project, they must file an affidavit of joint venture with their notice of intention to bid. Such affidavit of joint venture will be valid only for the specific project for which it is filed. No further license is required when all parties to the joint venture possess current and appropriate contractor’s licenses. Joint venture are required to be licensed in accordance with Chapter 444 of the Hawaii Revised Statutes, as amended, and the rules and regulations of the Contractor’s License Board when any party to the joint venture agreement does not hold a current or appropriate contractor’s license.

The Adjutant General or his designated representative may, in accordance with Section 103D- 310, Hawaii Revised Statutes, require the prospective bidder to submit answers to questions in the “Standard Questionnaire and Financial Statement for Bidders,” on the form provided by the Department, properly executed and notarized, setting forth a complete statement of the experience of such prospective bidder and his organization in performing similar work and a statement of the equipment proposed to be used, together with adequate proof of the availability of such equipment, at least forty-eight (48) hours prior to the time advertised for the opening of bids. If the information in the questionnaire proves satisfactory, the bidder’s proposal will be received. All information contained in the answers to the questionnaire shall be kept confidential. The questionnaire will be returned to the bidder after it has served its purpose.

If upon review of the Questionnaire, or otherwise, the bidder appears not fully qualified or able to perform the intended work, the Adjutant General or his designated representative shall, SN-2 after affording the bidder an opportunity to be heard and if still of the opinion that the bidder is not fully qualified to perform the work, refuse to receive or to consider any bid offered by the prospective bidder.

Failure to complete the prequalification questionnaire, (IF SENT TO YOU), will be sufficient cause for the Department to disqualify a prospective bidder.

INTERPRETATION OF QUANTITIES IN BID SCHEDULE - When quantities for individual items of work are listed in the bid form for which respective unit prices are asked, said quantities are to be considered as approximate and are to be used by the Department only for the purpose of comparing on a uniform basis bids offered for the work. The Department does not, expressly or by implication, agree that the actual quantity of work will correspond therewith. The undersigned agrees that his is satisfied with and will at no time dispute said estimated quantities as a means of comparing the bids.

After determining the low bidder by comparison of bids submitted in accordance with the proposal form, the Adjutant General or his designated representative reserves the right to increase or decrease the scope of the improvement.

On unit price bids, payment will be made only for the actual number of units incorporated into the finished project at the unit price bid.

It is understood and agreed that the contractor will make no claim for anticipated profit or loss of profit due to the Department's right to eliminate entirely portions of the work or to increase or decrease any or all of the quantities shown in the proposal form.

CONTENTS OF PROPOSAL FORMS - Prospective bidders will be furnished with proposal forms giving the location, description, and the contract time of the work contemplated for which a lump sum bid price is asked or containing a schedule of items, together with estimated quantities of work to be performed and materials to be furnished, for which unit bid prices and/or lump sum bid prices are asked.

Proposal forms will also include a listing of joint contractor and/or subcontractors asking the name of each person or firm to be engaged on the project as a joint contractor or subcontractor.

All papers bound with or attached to the proposal form shall be considered a part thereof and shall not be detached or altered when the proposal is submitted.

The plans, specifications and other documents designated in the proposal form, will also be considered a part thereof whether attached or not.

BIDDERS RESPONSIBILITY FOR EXAMINATION OF PLANS, SPECIFICATIONS, SITE OF

WORK, ETC. - The bidder shall examine carefully the site work contemplated and the proposal, plans, specifications, supplemental specifications, special provisions and contract and bond forms therefore. The submission of a bid shall be considered as a warranty that the

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bidder has made such examination and is satisfied with the conditions to be encountered in performing the work and with the requirements of the plans, specifications, supplemental specifications, special provisions, contract and bond.

No extra compensation will be given by reason of the Contractor's misunderstanding or lack of knowledge of the requirements of the work to be accomplished or the conditions to be encountered in performing the project.

ADDENDA AND INTERPRETATIONS - Discrepancies, omissions, or doubts as to the meaning of drawings and specifications should be communicated in writing to: Department of Defense, State of Hawaii, ATTN: HIENG, 3949 Diamond Head Road, Honolulu, HI, 96816, for the interpretation and must be received by the Engineering Office, Department of Defense, no later than fourteen (14) calendar days prior to the date fixed for bid opening. Any interpretation, if made, and any supplemental instructions will be in the form of written addenda to the specifications, which will be mailed to all prospective bidders at the respective addresses furnished for such purposes, eight (8) calendar days prior to the date fixed for the opening bids. Failure of any bidder to receive any such addendum or interpretations shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents.

PREPARATION OF PROPOSAL - The bidder's proposal must be submitted on the proposal form furnished by the Department. The proposal must be prepared in full accordance with the instructions therein. The bidder must state, both in words and numerals, the lump sum price at which the work contemplated is proposed to be done. These prices must be written in ink or typed. Prices written in pencil are not acceptable. In case of a discrepancy between the prices written in words and those written in figures, the words shall govern over the figures.

The bidder shall sign the proposal in the spaces provided with ink.

If the proposal is made by an individual, his name and post office address must be shown in the space provided. If made by a partnership, the name and post office address of each member of the partnership must be shown and the proposal signed by all partners or evidence in the form of a partnership agreement must be submitted showing the authority of the partner to enter, on behalf of said partnership, into contract with the State. If made by a corporation, the proposal must show the name, title, and business address of the president, secretary and treasurer and also evidence in the form of a corporate resolution must be submitted showing the authority of the particular corporate representative to enter on behalf of said corporation into contract with the State. (See sample). If made by a joint venture the name and post office address of each member of the individual form, partnership or corporation comprising the joint venture must be shown with other pertinent information required of individuals, partnerships or corporations as the case may be. The proposal must be signed by all parties to the joint venture or evidence in the form of a Joint Venture Agreement must be submitted showing the authority of the Joint Venture's representative to enter on behalf of said Joint Venture into contract with the State.

Pursuant to the requirements of Section 103D-302, Hawaii Revised Statutes, each bidder shall include in his bid the name of each person or firm to be engaged by the bidder on the project

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as joint contractor or subcontractor indicating also the nature and scope of work to be performed by such joint contractor and/or subcontractor.

DELIVERY OF PROPOSALS - The entire proposal shall be placed in a sealed envelope so marked as to indicate the identity of the project, the project number, the date of bid opening and the name and address of the bidder and then delivered as indicated in the Notice to Bidders. Bids which do not comply with this requirement may not be considered. Proposals will be received up to the time fixed in the public notice for opening of bids and must be in the hands of the officials by that time indicated. The words 'SEALED BID' must be clearly written or typed on the face of the sealed envelope containing the proposal package.

WITHDRAWAL OR REVISION OF PROPOSALS - Any bid may be withdrawn or revised at any time prior to, but not after, the time fixed in the public notice for the opening of bids, provided that a request in writing, executed by the bidder or his duly authorized representative, for the withdrawal or revision of such bid is filed with the Adjutant General before the time set for the opening of bids. The withdrawal of a bid shall not prejudice the right of a bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed in the public notice for the opening of bids.

PUBLIC OPENING OF PROPOSALS - Proposals will be opened and read publicly at the time and place indicated in the Notice to Bidders. Bidders, their authorized agents and other interested parties are invited to be present.

DISQUALIFICATION OF BIDDERS - Any one or more of the following cause will be considered as sufficient for the disqualification of a bidder and the rejection of his proposal or proposals:

A. Evidence of collusion among bidders.

B. Lack of responsibility and cooperation as shown by past work.

C. Being in arrears on existing contracts with the State of Hawaii, or having defaulted on a previous contract.

D. Lack of proper equipment and/or sufficient experience to perform the work contemplated.

E. More than one proposal for the same work from an individual, firm, partnership, corporation or joint venture under the same or different name.

F. Delivery of bids after the deadline specified in the advertisement calling for bids.

G. Failure to pay, or satisfactorily settle, all bids overdue for labor and material on former contracts in force at the time of issuance of proposal forms.

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CONSIDERATION OF PROPOSALS - 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 and the results of such comparison shall immediately be made public. In the comparison of bids, words written in the proposals will govern over figures and unit prices will govern over totals. Until the award of the contract, however, the right will be reserved to reject any and all proposals and to waive any defects or technicalities as may be deemed best for the interest of the State.

IRREGULAR PROPOSALS - Proposals will be considered irregular and may be rejected for the following reasons:

A. If the proposal is unsigned.

B. If proposal is on a form other than that furnished by the Department or if the form is altered or any part thereof detached.

C. If the proposal shows any non-compliance with applicable law, alteration of form, additions not called, conditional bids, incomplete bids, uninitiated erasures, other defects, or if the prices are obviously unbalanced, or if sufficient funds are not available to prosecute the work.

D. If the bidder adds any provisions reserving the right to accept or reject an award, or to enter into a contract pursuant to an award.

This does not exclude a proposal limiting the maximum gross amount of awards acceptable to any one bidder at any one bid letting, provided that any selection of awards will be made by the Department.

E. When a proposal is signed by an officer or officers of a corporation and a currently certified corporate resolution authorizing such signer(s) to submit such proposal is not submitted with the proposal or when the proposal is signed by an agent other than the officer or officers of a corporation or a member of a partnership and a Power of Attorney is not submitted with the proposal.

AWARD OF CONTRACT - The award of contract, if it be awarded, will be made within ninety

(90) consecutive calendar days after the opening of the proposals to the lowest responsible and responsive bidder (including the alternate or alternates which may be selected by the Adjutant General in the case of alternate bids) whose proposal complies with all the requirements prescribed, but in no case will an award be made until all necessary investigations are made. The successful bidder will be notified, by letter mailed to the address shown on the proposal that his bid has been accepted and that he has been awarded the contract.

No contract will be awarded to any person or firm suspended under the provisions of Chapter 104 and Chapter 444, Hawaii Revised Statutes, as amended.

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CANCELLATION OF AWARD - The Adjutant General or his designated representative reserves the right to cancel the award of any contract at any time before the execution of said contract by all parties without any liability to the awardee and to any other bidder.

EXECUTION OF THE CONTRACT - The contract shall be signed by the successful bidder and returned, within ten (10) consecutive calendar days, after the bidder has received his contract for execution or within such further time as the Adjutant General or his designated representative may allow. No proposal or contract shall be considered binding upon the State until the contract has been fully and properly executed by all parties thereto and the Adjutant General or his designated representative has endorsed therein his certificate, as required by Section 103D-309, Hawaii Revised Statutes, that there is an available unexpended appropriation or balance of an appropriation over and above all outstanding contracts sufficient to cover the State's amount required by such contract.

On any individual award totaling less than $50,000, the State reserves the right to execute the contract by the issuance of a State Purchase Order. Acceptance shall result in a binding contract between the parties without further action by the State. Executing the contract by Purchase Order shall not be deemed a waiver of these specification requirements.

PROTECTION OF PROPERTY – The Contractor shall confine all of his operations to the immediate vicinity of the work and take all necessary precautions during the progress of the work to protect the adjoining property from damage and injury. The Contractor shall repair and make good to the entire satisfaction of the Engineer any damages to existing utilities, streets, sidewalks and other properties.

The Contractor shall repair the damaged or disturbed utilities to existing condition at no cost to the State. Any damage claims due to the disruption of services caused by the utilities being damaged or disturbed shall be paid by the Contractor who shall save harmless the State from all suits, actions or claims of any character.

PERMITS AND LICENSES – The Contractor shall procure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work.

LAWS TO BE OBSERVED – The Contractor at all times shall observe and comply with all Federal, State and local laws or ordinances, rules and regulations which in any manner affect those engaged or employed in the work, the materials used in the work, and the conduct of the work. The Contractor shall also comply with all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the work. Any reference to such laws, ordinances, rules and regulations shall include any amendments thereto.

LIABILITY INSURANCE – The Contractor shall not commence any work until it obtains, at its own expense, all required liability insurance. Such insurance must have the approval of the State as to limit form and amount and must be maintained with a company acceptable to the State. Such insurance must be maintained for the full period of the contract and shall provide protection from claims arising out of or resulting from the Contractor’s operations under the

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Contract itself or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable.

The Contractor shall take out and maintain during the life of this contract broad form public liability (Bodily Injury) and broad form property damage liability insurance in a combined single limit not less than $1,000,000 and not less than $2,000.000 in the aggregate to protect such contractor and all his subcontractors 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 any subcontractor or anyone directly or indirectly employed by either of them.

The insurance described herein will be maintained by the Contractor for the full period of the Contract and in no event will be terminated or otherwise allowed to lapse prior to final acceptance of the work by the State.

A certificate of insurance acceptable to the State shall be filed with the State prior to commencement of the work. Such certificate shall contain a provision that coverage afforded under the policy will not be canceled or changed until at least thirty days written notice has been given to the State by registered mail at the address denominate for the State in the Contract for official communications to it should any policy be canceled before final acceptance by the State, and the Contractor fails to immediately procure replacement insurance as specified, the State reserves the right to procure such insurance and to deduct the cost thereof from any sum due the Contractor.

CHARACTER OF WORKERS OR EQUIPMENT – The Contractor shall at all times provide adequate supervision and sufficient labor and equipment for prosecuting the several classes of work to full completion and within the time required by the contract.

A. Character and Proficiency of Workers – All workers must have sufficient skill and experience to perform the work assigned to them and in the operation of the equipment.

Any worker employed on the project by the Contractor or subcontractor who, in the opinion of the Engineer or his authorized representative, is not careful and competent, does not perform his work in a proper and skillful manner or is disrespectful, intemperate, disorderly or neglects or refuses to comply with directions given, or is otherwise objectionable shall, at the written request of the Engineer, be removed forthwith by the Contractor or subcontractor employing such worker and shall not be employed again in any portion of the work without the written consent of the Engineer.

Should the Contractor or subcontractor continue to employ, or again employ such person(s) on the project, the Engineer will withhold all estimates which are or may become due, or the Engineer will suspend the work until such orders are complied with.

B. Insufficient Workers – In the event that the Engineer, in his judgment, finds the condition whereby insufficient workers are present to accomplish the work and no

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corrective action is taken by the Contractor after being informed, the Engineer reserves the right to terminate the contract.

C. Equipment Requirements – All equipment furnished by the Contractor and used shall be of such size and of such mechanical condition that the work can be prosecuted in an acceptable manner.

NOTICE TO PROCEED - After the contract is fully executed, the Contractor will be sent a formal "Notice to Proceed" advising the Contractor of the date on which he may proceed with the work. The Contractor shall be allowed ten (10) consecutive working days from said date to begin his work. In the event that the Contractor refuses or neglects to start the work, the Adjutant General or his designated representative may terminate the contract.

SPECIAL PROVISIONS SP - 1

CONSTRUCTION CONTRACTS

Revised 5/16

SPECIAL PROVISIONS FOR CONSTRUCTION CONTRACTS

RESPONSIBILITY OF OFFERORS

Offeror shall furnish proof of compliance In accordance with Act 190 Amendment to HRS 103D-310(c)

Required as a prerequisite to entering into a contract, the contractor shall register on the Hawaii Compliance Express web site for all tax clearances by going to http://vendors.ehawaii.gov and registering there.

A Certificate of Vendor Compliance generated from this website should be included with their bid proposal. A Compliant status is required prior to awarding the contract.

COMPREHENSIVE ANNUAL FINANCIAL REPORTING

For any project that involves work on multiple structures, including non-building structures, whether it be new work or renovation work, or when the project involves both site improvements and a structure, the Contractor shall provide the following information to the Project Manager for fixed asset allocation purposes:

1. Within 30 calendar days of award as applicable to the project, the following shall be submitted:

a. The total cost of each individual structure;

b. The total cost of on-site improvement work; and

c. The total cost of off-site improvement work.

2. After all work, including all change order work has been completed, and prior to a request for final payment, the following shall be submitted:

a. The total cost of each individual structure including any related change order cost;

b. The total cost of on-site improvement work including any related change order cost; and

c. The total cost of off-site improvement work including any related change order cost.

3. The sum total cost of each category noted above shall total to the contract amount awarded, plus all change order work issued.

a. The cost of each individual structure includes the cost of the structure and any work within five (5) feet of the structure or building line which may include, but is not limited to its foundation, foundation earthwork, and utility improvements within and immediately below the building line.

b. The on-site improvement cost includes all site improvement work from http://vendors.ehawaii.gov/

SPECIAL PROVISIONS SP - 2

Revised 5/16 five (5) feet and beyond the building line and up to the project’s property line, which may include but is not limited to clearing and grubbing, grading, drainage system, site utility, walkway, parking lot, and landscape improvements.

c. The off-site improvement cost includes all off-site improvement work outside of the project’s property line, which may include but is not limited to walkway, landscape, drainage, utility, and roadway improvements.

LIABILITY INSURANCE

The Contractor shall not commence any work until it obtains, at its own expense, all required liability insurance. Such insurance must have the approval of the State as to limit form and amount and must be maintained with a company acceptable to the State.

Such insurance must be maintained for the full period of the contract and shall provide protection from claims arising out of or resulting from the Contractor's operations under the Contract itself Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable.

The contractor shall take out and maintain during the life of this contract broad form public liability (Bodily Injury) and broad form property damage liability insurance in a combined single limit not less than $1,000,000 and not less than $2,000,000 in the aggregate to protect such contractor and all his subcontractors 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 anyone directly or indirectly employed by either of them and to include automotive liability, workers compensation and employers liability.

The insurance described herein will be maintained by the Contractor for the full period of the Contract and in no event will be terminated or otherwise allowed to lapse prior to final acceptance of the work by the State.

A certificate of insurance acceptable to the State shall be filed with the State prior to commencement of the work. Such certificate shall contain a provision that coverage afforded under the policy will not be canceled or changed until at least thirty days written notice has been given to the State by registered mail at the address denominated for the State in the Contract for official communications to it should any policy be canceled before final acceptance by the State, and the Contractor fails to immediately procure replacement insurance as specified, the State reserves the right to procure such insurance and to deduct the cost thereof from any sum due the Contractor.

SPECIAL PROVISIONS SP - 3

Revised 5/16

BID PREPARATION

Offer Form, Page Of-1. Offeror is requested to submit its offer using Offeror’s exact legal name 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, page OF-1. Failure to do so may delay proper execution of the contract.

The authorized signature on the first page of the Offer Form shall be an original signature in ink. If unsigned or the affixed signature is a facsimile or a photocopy, the offer shall be automatically rejected unless accompanied by other material, containing an original signature, indicating the Offeror’s intent to be bound.

Hawaii Business. A business entity referred to as a “Hawaii business”, is registered and incorporated or organized under the laws of the State of Hawaii.

Compliant non-Hawaii business. A business entity referred to as a “compliant non-Hawaii business,” is not incorporated or organized under the laws of the State of Hawaii, but is registered to do business in the State.

Tax Liability. Work to be performed under this solicitation is a business activity taxable under Chapter 237, Hawaii Revised Statutes (HRS), and vendors are advised that they are liable for the Hawaii GET at the current rate.

4.712% tax rate. All businesses located on Oahu and county of Hawaii are required to pay the ½% County Surcharge tax on all Oahu transactions for which they pay the 4% GE tax. Neighbor island and out-of-state businesses that deliver goods or services to Oahu and have a ‘physical presence’ on Oahu, must pay the new ½% County Surcharge tax on their Oahu transactions.

4% tax rate. Neighbor island (except County of Hawaii) and out-of-state businesses that do not deliver any goods or services to Oahu are not subject to the new ½% County Surcharge tax.

If, however, an Offeror is a person exempt by the HRS from paying the GET and therefore not liable for the taxes on this solicitation, Offeror shall state its tax exempt status and cite the HRS chapter or section allowing the exemption.

Taxpayer Preference. For evaluation purposes, pursuant to §103D-1008, HRS, the Bidder's tax-exempt price offer submitted in response to an IFB shall be increased by the applicable retail rate of general excise tax and the applicable use tax. Under no circumstance shall the dollar amount of the award include the aforementioned adjustment.

SPECIAL PROVISIONS SP - 4

Revised 5/16

AWARD OF CONTRACT

Method of Award. Award, if made, shall be to the responsive, responsible offeror submitting the lowest Lump Sum Bid unless otherwise noted in the bid documents.

Responsibility of Lowest Responsive Bidder. Reference Responsibility of Offerors in §3-122-112, HAR. If compliance documents have not been submitted to the State Department of Defense prior to award, the lowest responsive offeror shall produce documents to the procurement officer to demonstrate compliance with this section.

HRS Chapter 237 tax clearance requirement for award and final payment.

Instructions are as follows:

In accordance with Act 190 Amendment to HRS 103D-310(c)

Required as a prerequisite to entering into a contract, the contractor shall register on the Hawaii Compliance Express web site for all tax clearances by going to http://vendors.ehawaii.gov and registering there.

A Certificate of Vendor Compliance generated from this website should be included with their bid proposal. A Compliant status is required prior to awarding the contract.

A current Certificate of Vendor Compliance must accompany the invoice for final payment on the contract.

HRS Chapters 383 (Unemployment Insurance), 386 (Workers’ Compensation), 392 (Temporary Disability Insurance), and 393 (Prepaid Health Care) requirements for award. Instructions are as follows:

Pursuant to §103D-310(c), HRS, The Certificate of Vendor Compliance must have a “Compliant” rating with the DLIR.

Compliance with Section 103D-310(c)(1) and (2), HRS.

Contractors are required to provide a state and federal tax clearance as a prerequisite to entering into a public contract of $2,500 or more. To meet this requirement, all bidders shall submit valid tax clearances with their bid proposals when the bid is $2,500 or more.

In accordance with Act 190 Amendment to HRS 103D-310(c), required as a prerequisite to entering into a contract, the contractor shall register on the Hawaii Compliance Express web site for all tax clearances by going to http://vendors.ehawaii.gov and registering there.

A Certificate of Vendor Compliance generated from this website shall be included with their bid proposal. A Compliant status is required prior to awarding the contract.

SPECIAL PROVISIONS SP - 5

Failure to submit the required tax clearance will be sufficient grounds for the State to refuse to receive or consider the prospective bidder’s proposal.

The Certificate of Vendor Compliance should be applied for as soon as possible. If a valid certificate is not submitted on a timely basis for award of a contract, an offer otherwise responsive and responsible may not receive the award.

Final Payment Requirements. A current Certificate of Vendor Compliance will be required for final payment.

SPECIAL PROVISIONS for Act 68, SLH 2010, CONSTRUCTION CONTRACTS

DEFINITIONS FOR TERMS USED IN ACT 68, SLH 2010:

a. “Contract” means contracts for construction under 103D, HRS.

b. “Contractor” has the same meaning as in section 103D-104, HRS, provided that

“contractor” includes a Subcontractor where applicable.

c. “Construction” has the same meaning as in section 103D-104, HRS.

d. “Procurement Officer” has the same meaning as in section 103D-104, HRS.

e. “Resident” means a person who is physically present in the State of Hawaii at the time the person claims to have established the person’s domicile in the State of Hawaii and shows the person’s intent is to make Hawaii the person’s primary residence.

f. “Shortage trade” means a construction trade in which there is a shortage of

Hawaii residents qualified to work in the trade as determined by the Department of Labor and Industrial Relations.

EMPLOYMENT OF STATE RESIDENTS REQUIREMENTS – ACT 68, SLH 2010:

a. A Contractor awarded a contract 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 within shortage trades, as determined by the Department of Labor and Industrial Relations (DLIR), shall not be included in the calculation for this section.

SPECIAL PROVISIONS SP - 6

b. Prior to starting any construction work, the Contractor shall submit the subcontract dollar amount for each of its Subcontractors.

c. The requirements of this section 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 Subcontractors workforce used to perform the subcontract.

d. The Contractor and any Subcontractor whose subcontract is $50,000 or more shall comply with the requirements of Act 68 for the entire duration of the contract.

1. Certification of Compliance for Employment of State Residents (attached) shall be made prior to submittal of the final invoice.

2. The Certification of Compliance for Employment of State Residents shall be made under oath by an officer of the company by completing a Certification of Compliance for Employment of State Residents form and executing the Certificate before a licensed notary public.

3. In addition to the certification as required above, the Contractor and

Subcontractors shall maintain records such as certified payrolls for laborers and mechanics who performed work at the site and time sheets for all other employees who performed work on the project. These records shall include the names, addresses and number of hours worked on the project by all employees of the Contractor and Subcontractor who performed work on the project to validate compliance with Act 68. The Contractor and Subcontractors shall retain these records and provide access to the State for a minimum period of four (4) years after the final payment, except that if any litigation, claim, negotiation, investigation, audit or other action involving the records has been started before the expiration of the four (4) year period, the Contractor and Subcontractors shall retain the records until completion of the action and resolution of all issues that arise from it, or until the end of the four

(4) year period, whichever occurs later. Furthermore, it shall be the Contractor’s responsibility to enforce compliance with this provision by any Subcontractor.

e. A Contractor who fails to comply with this section shall be subject to any of the following sanctions:

1. Temporary suspension of work on the project until the Contractor or its Subcontractor complies with Act 68;

2. Withholding of payment on the contract until the Contractor or its

Subcontractor complies with Act 68;

SPECIAL PROVISIONS SP - 7

3. Permanent termination of the Contractor or Subcontractor from any further work on the project;

4. Recovery by the State, as applicable, of any moneys expended on the contract or subcontract as applicable; or

5. Proceedings for debarment or suspension of the Contractor or Subcontractor under Hawaii Revised Statues §103D-702.

Conflict with Federal Law:

This section shall not apply if the application of this section is in conflict with any federal law, or if the application of this section will disqualify the State from receiving Federal funds or aid.

Davis-Bacon Act:

Davis-Bacon Act prevailing wage rates apply to all State of Hawaii Construction contracts over $2,000.00.

OFFER FORM OF-1 JOB NO. CA-202617-C, FAI NO. HI-10-29

GRAVESITE RESTORATION FOR EAST HAWAII VETERANS CEMETERY NO.2, HILO,

HAWAI‘I, STATE OF HAWAI‘I

DEPARTMENT OF DEFENSE, OFFICE OF VETERANS CEMETERY

JOB NO. CA-202617-C, FAI NO. HI-10-29

Adjutant General State Department of Defense 3949 Diamond Head Road Honolulu, Hawai‘i 96816-4495

Dear Sir:

The undersigned has carefully read and understands the terms and conditions specified in the Specifications and Special Provisions attached hereto, and in the General Conditions, by reference made a part hereof and available upon request; 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, Hawai‘i Revised Statutes, concerning prohibited State contracts, and 2) he/she is certifying that the price(s) submitted was (were) independently arrived at without collusion.

The undersigned represents: (Check √ one only)

A Hawai‘i business incorporated or organized under the laws of the State of Hawai‘i; OR A Compliant Non-Hawai‘i business not incorporated or organized under the laws of the

State of Hawai‘i. Business shall be registered prior to award at the State of Hawai‘i Department of Commerce and Consumer Affairs Business Registration Division to do business in the State of Hawai‘i. State of incorporation: _________________________

Offeror is:

Sole Proprietor Partnership Corporation Joint Venture Other

Federal I.D. No.:

Hawai‘i 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:

(x) Authorized (Original) Signature Date:

Telephone No.: Name and Title (Please Type or Print)

Exact Legal Name of Company (Offeror) Fax No.:

*If Offeror is a “dba” or a “division” of a corporation, furnish the exact legal name of the corporation

E-mail Address: under which the awarded contract will be executed:

OFFER FORM OF-2 Job No. CA-202617-C; FAI No. HI-10-29

The undersigned has carefully examined the attached plans and specifications and hereby proposes to furnish at his own expense all labor, materials, tools and equipment necessary to construct all work as shown and called for, in strict accordance with the specifications, schedules and drawings pertaining thereto.

COST, TIME AND SCHEDULE

COST: TOTAL LUMP SUM BASE BID: $ ____________

___________________________________________________________________ DOLLARS

{BIDDER’S INSTRUCTIONS: Fill in the total lump sum base bid price in numbers and write out the total lump sum base bid price in words.}

COST: TOTAL LUMP SUM BASE BID (STATE-FUNDED): $ ____________

___________________________________________________________________ DOLLARS

{BIDDER’S INSTRUCTIONS: Fill in the total lump sum base bid (State-funded) price in numbers and write out the total lump sum base bid (State-funded) price in words.}

Alternates (See A.0.2.2 – ALTERNATES for description).

For the purposes of evaluating the Bid, the Alternates are listed in the order of precedence.

Add Alternate No. 1, “Section J” $ _________ Add Alternate No. 1, “Section J” (State-funded) $ _________ Add Alternate No. 2, “Section K” $ _________ Add Alternate No. 2, “Section K” (State-funded) $ _________ Add Alternate No. 3, “Section L” $ _________ Add Alternate No. 3, “Section L” (State-funded) $ _________ Add Alternate No. 4, “Section H” $ _________ Add Alternate No. 4, “Section H” (State-funded) $ _________ Add Alternate No. 5, “Section I” $ _________ Add Alternate No. 5, “Section I” (State-funded) $ _________ Add Alternate No. 6, “Section E” $ _________ Add Alternate No. 6, “Section E” (State-funded) $ _________

TIME:

See A.0.2.1 – PROJECT REQUIREMENTS for additional time and duration requirements.

(Including the cost of delivery, unloading, freight charges, all applicable taxes, and other cost involved) and will fully complete all the work under this contract within 540 consecutive calendar days from the date of commencement specified by the written order of the Adjutant General including the date of said order.

OFFER FORM OF-3 Job No. CA-202617-C; FAI No. HI-10-29

Contract Duration

Construction Duration for Alternates Additional days for Alternate No. 1 150 Calendar Days Additional days for Alternate No. 2 150 Calendar Days Additional days for Alternate No. 3 120 Calendar Days Additional days for Alternate No. 4 60 Calendar Days Additional days for Alternate No. 5 150 Calendar Days Additional days for Alternate No. 6 60 Calendar Days

SCHEDULE OF WORK:

Contractor shall commence and complete all work within the contract duration stipulated and as follows:

1. After the project is awarded, the contractor shall begin preparatory work, obtain approvals, permits, process submittals or conduct other work as directed. The contractor shall not start any work at the jobsite or order any materials, unless the Contracting Officer specifically issues a written authorization to proceed with designated work.

2. Upon receipt of the executed contract and a written authorization from the Contracting Officer, the contractor may proceed with ordering materials, doing offsite fabrication and similar work, approved by the Department, prior to issuance of the formal Notice to Proceed. The Contractor shall not start any work at the jobsite before the formal Notice to Proceed is issued, unless the Contracting Officer specifically issues a written authorization to proceed with designated work. Payment for materials ordered and received prior to the Departments issuance of the formal Notice to Proceed are subject to the following conditions:

a. The contractor is responsible for all storage costs incurred. No additional compensation will be made;

b. Ordering materials prior to the formal Notice to Proceed will not decrease or increase the specified contract time; and

c. Conditions as specified in the GENERAL CONDITIONS, and other conditions required by the contract documents.

3. After issuance of the formal Notice to Proceed or upon written authorization from the

Contracting Officer to proceed with designated work, the contractor shall order approved materials, do off-site fabrication and similar work. The contractor shall start and complete the jobsite work per the dates, times and durations noted above.

BID SECURITY

State in words and numerals the Bid Bond dollar amount.

Enclosed herewith as required by law (Cross Out Those Not Applicable):

Surety Bond (*1) Certificate of Deposit (*2) Certified Check (*2) Cashier’s Check (*2)

Share Certificate (*2) Treasurer’s Check (*2) Official Check (*2) Teller’s Check (*2) Legal Tender

(*1) Surety bond underwritten by a company licensed to issue bonds in this State;

OFFER FORM OF-4 Job No. CA-202617-C; FAI No. HI-10-29

(*2) A certificate of deposit; share certificate; or cashier’s, treasurer’s, teller’s, or official check drawn by, or a certified check accepted by, and payable on demand to the State by a bank, a savings institution, or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.

a. These instruments may be utilized only to a maximum of $100,000.

b. If the required security or bond amount totals over $100,000, more than one instrument not exceeding $100,000 each and issued by different financial institutions shall be accepted.

In the amount of:

_______ DOLLARS ($ _________ ).

(Bid Security shall be no less than 5% of the total lump sum base bid amount including alternates) as required by law.

RECEIPT OF ADDENDA AND BID CLARIFICATIONS

Receipt of the following addenda issued by the Department is acknowledged by the day(s) of the receipt indicated below:

Addendum No. 1 Addendum No. 2 _______ Addendum No. 3 Addendum No. 4 _______

It is understood that failure to receive any such addendum shall not relieve the Contractor from any obligation under this Proposal as submitted. (See Special Notice to Bidders for information regarding addenda.)

PREFERENCE

Bidder agrees that:

1. If applicable to this project, preferences are considered when evaluating bids to determine the ranking of the respective bidders. The award of the contract will be in the amount of the bid exclusive of any preference adjustments

2. If granted the Apprenticeship Agreement Preference, and awarded the contract, the offeror

(contractor) must, for the duration of the contract, certify each month that work is being conducted on the project, that it continues to be a participant in the relevant apprenticeship program for each trade it employs.

HAWAII PRODUCTS PREFERENCE

In accordance with ACT 174, SLH 2022, effective June 27, 2022, Hawai’i Products Preference shall not apply to solicitations for public works construction. Therefore, the Hawai’i Products Preference shall not apply to this project.

APPRENTICESHIP AGREEMENT PREFERENCE

The estimated value of the public works contract is $250,000 or more and the apprenticeship agreement preference pursuant to Hawaii Revised Statutes §103-55.6 (Act 17, SLH 2009) shall apply.

1. If applicable to this project, any bidder seeking the preference must be a party to an apprenticeship agreement registered with the State Department of Labor and http://hawaii.gov/spo http://hawaii.gov/spo

OFFER FORM OF-5 Job No. CA-202617-C; FAI No. HI-10-29

Industrial Relations (DLIR) at the time the bid is submitted for each apprenticeable trade the bidder will employ to construct the project. “Employ” means the employment of a person in an employer-employee relationship.

a. The apprenticeship agreement…