REQUIREMENTS and SPECIFICATIONS

TO CONSTRUCT

WOMEN’S COMMUNITY CORRECTIONAL CENTER

WORK ORDER 39 – WCCC NEW ACCESS ROAD

JOB NO: DCR 24-WCCC-0016

TAX MAP KEY: (1) 4-2-003:004

KAILUA, HAWAI‘I

FOR THE DEPARTMENT OF CORRECTIONS AND REHABILITATION

STATE OF HAWAI‘I

September 2026

Prime Architect: Bowers + Kubota Consulting, Inc.

Civil Engineer: Bowers + Kubota Consulting, Inc.

WO39 WCCC New Access Road Table of Contents Job No. DCR 24-WCCC-0016 00010 - 1

SECTION 00010 – TABLE OF CONTENTS

DIVISION 0 – INTRODUCTORY, BIDDING AND CONTRACTING REQUIREMENTS

Title Page Table of Contents Section 00110 Notice to Bidders ................................................................... 1 – 3

Section 00210 Instructions to Bidders ........................................................... 1 – 7 Section 00410 Solicitation, Offer and Contract Form ..................................... 1 – 11

Section 00700 General Conditions ............................................................... 1 – 34

DIVISION 1 – GENERAL REQUIREMENTS

Section 01100 Project Requirements ............................................................ 1 – 6 Section 01222 Security for Work Inside Secured Area .................................. 1 – 4

Attachment Security Rules for Contractors ............................................... 1 – 3 Attachment Notice of Consent to Search Attachment Vendor/Special/Group Visit Background Check Application .. 1

Section 01310 Project Management and Coordination ................................. 1 – 5 Section 01320 Construction Progress Documentation .................................. 1 – 11 Section 01330 Submittal Procedures ............................................................ 1 – 4 Section 01380 Construction Photographs Section 01500 Temporary Facilities and Controls ......................................... 1 – 9 Section 01700 Execution Requirements ....................................................... 1 – 6 Section 01770 Closeout Procedures ............................................................. 1 – 9

Attachment DCR Project Acceptance Form.............................................. 1 – 2

DIVISION 2 – SITE CONSTRUCTION

Section 02220 Site Demolition ...................................................................... . 1 – 3 Section 02300 Earthwork .............................................................................. . 1 – 6 Section 02370 Temporary Soil Erosion Control…………………………………. 1 – 3 Section 02740 Asphalt Concrete Paving ....................................................... . 1 – 8 Section 02820 Fences and Gates ................................................................. . 1 – 3

WO39 WCCC New Access Road Notice to Bidders Job No. DCR 24-WCCC-0016 00110 - 1

SECTION 00110 – NOTICE TO BIDDERS

SEALED BIDS (Chapter 103D, HRS) For:

Women’s Community Correctional Center WO No. 39 – WCCC New Access Road

JOB NO. DCR 24-WCCC-0016

Will be received by the Department of Corrections and Rehabilitation, Administrative Services Office. Bidders are advised to access the solicitation documents via the HIePRO website at https://hiepro.ehawaii.gov/.

Submit the Competitive SOLICITATION, OFFER AND CONTRACT FORM up to 5:00 PM, October 30, 2026.

At that time, bids will be publicly opened. Bids received after the due time and date will not be considered. Provide written notification to DCR when declining to bid.

The Work generally consists of constructing a new access road at the Women’s Community Correctional Center (WCCC), including site grading, drainage improvements, asphalt pavement, fencing, and installation of empty conduit for the future sallyport gate and future kitchen.

The estimated construction cost is between $500,000 and $650,000.

All interested parties are required to attend the mandatory pre-bid meeting, and the State conducted site visit. Failure to attend this meeting and site visit with automatically be cause for rejection of the bid. Bidders are directed to review the requirements in Articles 2.4, 2.5, and 5.7 of the Interim General Conditions. No other time for a site inspection will be scheduled or allowed.

Due to security procedures and various restrictions, the working conditions and general atmosphere of the correctional facility cannot be fully conveyed to Bidders.

The pre-bid meeting and the accompanying State conducted site visit will be held at:

WOMEN’S COMMUNITY CORRECTIONAL CENTER, 42-477 Kalananianaʻole Highway, Kailua, Hawaiʻi, 96734, October 1, 2026, at 10:00 AM. The site visit will immediately follow the meeting.

Bidders shall comply with all access requirements of the facility or the User Agency. See SECTION 01222 – SECURITY FOR WORK INSIDE SECURED AREA. Security access documents must be submitted three (3) calendar days prior to pre-bid meeting. Each Bidder shall bring their own flashlight and small tools that may be required to inspect the premises. Bidders and interested parties are required to sign-in and sign out at the meetings to confirm attendance. Cell phones are not allowed within facility.

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.

Late submittals for this solicitation will not be reviewed by this agency.

Job No. DCR 24-WCCC-0016 00110 - 2

Campaign Contributions by State and County Contractors Prohibited.

If awarded a contract in response to this solicitation, offeror agrees to comply with HRS section 11-355, which states that campaign contributions are prohibited from a State and County government contractor during the term of the contract if the contractor is paid with funds appropriated by the legislative body, at any time between the execution of the contract through the completion of the contract.

To be eligible to submit a Bid, the Bidder must possess a valid State of Hawai‘i Contractor’s license classification (s) A or B .

Job No. DCR 24-WCCC-0016 00110 - 3

TAX CLEARANCE AND HAWAII BUSINESS CERTIFICATES

Refer to Instructions to Bidders for information regarding tax clearance and business certificates.

OTHER INFORMATION

The Department of Corrections and Rehabilitation (DCR) will post bid results on the HIePRO website.

Refer to Instructions to Bidders for other conditions and requirements to award a contract.

Any protest shall be submitted to DCR. Bidders shall comply with the GENERAL CONDITIONS Article 2.13 Protests.

WO39 WCCC New Access Road Instructions to Bidders Job No. DCR 24-WCCC-0016 00210 - 1

SECTION 00210 – INSTRUCTIONS TO BIDDERS

PART 1 – GENERAL

1.01 GENERAL

A. Only bidders with the required Contractor’s license(s) are eligible to submit a Bid.

B. Bidders (Contractors) must 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. The following definitions are used in the solicitation documents.

1. Hawaii Business §3-122-112 HAR: A bidder who is registered and incorporated or organized under the laws of the State is a “Hawaii Business” and eligible for an award.

2. Compliant non-Hawaii Business §3-122-112 HAR: A bidder not incorporated or organized under the laws of the State, but is registered to do business in the State and complies with or is exempt from the requirements of §3-122-112 HAR, is a “Compliant Non-Hawaii Business” and eligible for an award.

3. Non-compliant Bidder: If a bidder is a non-Hawaii business and is not registered with the DCCA Business Registration Division (BREG) or cannot comply with §3-122-112 HAR, then the bidder is non-compliant and is ineligible for an award.

C. When announced by the NOTICE TO BIDDERS, all bidders who intend to submit a bid, are required to attend an initial pre-bid meeting and the accompanying site visit(s). Other interested parties may attend the initial pre-bid meeting and the accompanying site visit(s).

D. Bidders must submit the “Solicitation, Offer and Contract Form”, bid bond (if required), and any other documents required by these solicitation documents.

E. The GENERAL CONDITIONS set forth additional terms and conditions for the bid and award process. The GENERAL CONDITIONS will be part of the contract documents by which the State and the bidder (prospective Contractor) will be bound. Bidders are directed to the GENERAL CONDITIONS, for contract and statutory requirements and for Bidding and Execution of Contract Requirements.

Bidders are also directed to SECTION 00700 – GENERAL CONDITIONS of these specifications for definitions and modifications to the GENERAL

CONDITIONS.

1.02 OFFEROR(S) or BIDDER(S)

A. The terms “Offeror” and “Bidder” are synonymous when used in this Section

00210 and other solicitation documents.

Job No. DCR 24-WCCC-0016 00210 - 2

1.03 PRE-BID MEETING AND SITE VISIT(S)

A. General

1. The attendance of pre-bid meetings and site visits is mandatory.

2. Failure to attend the pre-bid meeting(s) and site visit(s) for a project DOES NOT absolve the bidder from its responsibilities.

3. Verbal responses and discussions may occur during the course of the pre-bid meeting or site visit and must not be considered to alter any information in the solicitation documents.

1.04 ADDENDA AND CLARIFICATIONS

A. The Department may periodically issue addenda and bid clarifications which may provide additional information or alter the plans and specifications.

B. The Department will make addenda and bid clarifications available to Bidders via email or HlePRO. Bidders are responsible for the information containe d in the addenda and bid clarifications whether or not the bidder receives the addenda or clarifications.

C. Bidders discovering an ambiguity, inconsistency, or error when examining the bid documents or the site and bidders with questions or clarification requests must transmit said discoveries, questions, and/or requests to the Department's Contracts Engineer in writing over email to the contact(s) listed in the “Solicitation, Offer and Contract Form” or otherwise specified by the Department.

Bidders must bear the responsibility for clearly labeling their submittal to allow its proper identification and routing.

D. All written transmittals must be brief, concise, but complete enough to properly evaluate and determine the merits of the question or request. Include references to appropriate section numbers, paragraphs, drawings, details, schedule numbers, and provide other information as appropriate.

E. Requests transmitted or otherwise communicated directly to the Consultant will not be considered to be transmitted to the Department and will not be addressed.

F. Bidders must submit all discoveries, questions, and/or requests no later than

October 14, 2026, 5:00 PM for sealed bids.

G. Requests for Substitution will not be allowed prior to bid opening.

1.05 SOLICITATION, OFFER AND CONTRACT FORM (BID FORM)

A. Bidder must fill out the “Solicitation, Offer and Contract Form” completely. This includes the “Offer” portion of the form and all remaining fill-ins. Write in ink or type. Bidders must also comply with the supplemental instructions contained within the “Solicitation, Offer and Contract Form.” Do not alter the “Solicitation, Offer and Contract Form”, and maintain the form intact. When the State makes

Job No. DCR 24-WCCC-0016 00210 - 3 changes to the “Solicitation, Offer and Contract Form”, a completely new bid form with appropriate addendum notation will be issued. Bidders must use the most current version. Bidders must use their 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 the Solicitation, Offer and Contract Form.

B. Schedule for Work: Note the provisions of this article, the referenced COST, TIME AND SCHEDULE article, and specification SECTION 01100 – PROJECT REQUIREMENTS for the construction dates including: project schedule, project start date, jobsite start date, jobsite completion date, contract completion date and contract duration, if provided.

C. Allowances: If applicable to this project, bidder must include in its total lump sum

(base) bid price all cash allowances that are itemized in the COST, TIME AND SCHEDULE article on the “Solicitation, Offer and Contract Bid Form” and/or described in SECTION 01210 – ALLOWANCES of these specifications. Unless otherwise provided in the contract documents, the bidder must include costs for unloading and handling materials and equipment at the site, labor, installation costs, overhead, profit, coordination, insurance and other incidental expenses in the lump sum bid price and not in the allowance.

1. For testing and inspection allowances, the allowance costs must include the cost of engaging testing agencies, actual tests and inspections and reporting results. Allowance does not include incidental labor required to assist the testing agency or costs for retesting if previous tests and inspection result in failure.

D. Alternates: If this project includes alternates, bidders must list the total cost of each alternate in the COST, TIME AND SCHEDULE article in SECTION 00410 – SOLICITATION, OFFER AND CONTRACT FORM as described on the drawings or in SECTION 01230 – ALTERNATES.

Each alternate must have a cost filled in.

If the alternate is provided at no cost to the Department, enter $0.00.

Do not leave any cost blank – if any alternate is left blank, the bid will be rejected as irregular.

1. For bid evaluation, alternates are listed in order of priority:

a. Additive alternates: highest priority first.

b. Deductive alternates: lowest priority first.

2. Refer to the COST, TIME AND SCHEDULE article in SECTION 00410 –

SOLICITATION, OFFER AND CONTRACT FORM for the number of additional or reduced calendar days allowed for each accepted alternate.

Additive alternates will have a specified number of additional calendar days allowed.

Deductive alternates will have a specified number of reduced calendar days allowed.

Job No. DCR 24-WCCC-0016 00210 - 4

E. Preference: 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.

F. Recycled Product Preference: If applicable to this project, a recycled product preference of at least 5 percent of the price of the item is available. All bidders, either proposing or not proposing to use the recycled product preference must complete the “Recycled Product Schedule”. If choosing to use a recycled product, enter the respective costs for the recycled product; otherwise, enter the cost for the non-recycled product. Make sure a cost is entered for each listed product. Each product cost must be complete, including jobsite delivery and applicable taxes.

1. For each recycled product the bidder chooses to use, the bidder must include in its bid package the complete “Certification of Recycled Content Form” (SPO-Form 8) along with all supporting information. A sample of the certification form is in the GENERAL CONDITIONS.

2. The “Recycled Product Schedule” shows the percent preference used for each listed recycled product.

G. Other Conditions: Bidder acknowledges and agrees to the provisions and certifications stated in this article.

H. Receipt of Addenda: Bidder must fill in the appropriate dates any addenda were received.

I. Listing Joint Contractors or Subcontractors:

1. Bidder must complete the “Joint Contractors or Subcontractors List”. It is the sole responsibility of the bidder to review the requirements of this project and determine the appropriate specialty Contractor’s licenses that are required to complete the project. Failure of the bidder to provide the correct names and specialty Contractor’s nature of work to be performed, may cause the bid to be rejected.

2. Bidder agrees the completed listing of joint Contractors or Subcontractors is required for the project and that the bidder, together with the listed joint Contractors and Subcontractors, have all the specialty Contractor's licenses to complete the work.

3. Based on the Hawaii Supreme Court’s January 28, 2002 decision in Okada

Trucking Co., Ltd. v. Board of Water Supply, et al., 97 Hawaii 450 (2002), the bidder as a general Contractor (‘A’ or ‘B’ license) is prohibited from undertaking any work solely or as part of a larger project, which would require the bidder (‘A’ or ‘B’ general Contractor) to act as a specialty (‘C’ license) Contractor in any area in which the bidder (‘A’ or ‘B’ general Contractor) has no specialty Contractor's 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

Job No. DCR 24-WCCC-0016 00210 - 5

‘B’ Contractor may only perform work in the areas in which they have the appropriate Contractor's license. The bidder (‘A’ or ‘B’ general Contractor) must have the appropriate ‘C’ specialty Contractor's licenses either obtained on its own or obtained automatically under HAR §16-77-32.

4. 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.

5. 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.

6. Instructions to complete the Joint Contractors or Subcontractors List:

a. Describe the specialty Contractor’s nature 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.

b. List only one entity per required specialty contractor’s classification. A bidder who intends to use more than one entity with the same specialty contractor’s classification, will not be permitted to do so unless the nature of work to be performed by each entity is both distinct and separate and is appropriately described (i.e. two C-13 contractors are listed but one has the responsibility for AC control and the other for AC power). A bidder who intends to perform work that falls under the same specialty contractor’s classification as that of a listed joint contractor or subcontractor must list itself, ensure that the nature of work is both distinct and separate, and is appropriately described.

J. Cost, Time and Schedule: Bidder must completely fill out the article and enter the cost for the Project Bid Price, Variable Quantities Unit Prices. Bidder must tabulate the Project Bid Price, Variable Quantities Unit Prices and Allowances when provided, and the Bidders must then enter the Total Lump Sum Bid Price.

BE SURE TO ENTER THE TOTAL LUMP SUM BID PRICE IN WORDS AND

NUMERALS. Refer to Bidder’s Instructions located within the article.

K. Offer Page: Bidder must completely fill out Blocks 11 through 22C. Bidder must indicate if it is a “Hawaii Business” or a “Compliant Non-Hawaii Business” in Block 21. Also, bidder must refer to Bidder’s Instructions located near end of section.

1.06 EVALUATION CRITERIA

A. Evaluating Bids: The lowest responsive, responsible bid is determined by the following procedures:

1. Chapter 103D, HRS, which provides for the preferences, must apply.

2. The total lump sum bid price is adjusted to reflect the applicable preferences.

Job No. DCR 24-WCCC-0016 00210 - 6

3. Project control budget is established prior to the submission of bids.

4. The project will be evaluated based on the adjusted bid price.

1.07 METHOD OF AWARD

A. The contract will be awarded to the lowest responsive and responsible Bidder whose bid alter meets the requirements and criteria set forth in the solicitation documents and as determined by the Department.

1.08 OTHER CONDITIONS FOR AWARD

A. The Department may reject any or all bids and waive any defects if the Department believes the rejection or waiver is in the best interest of the State.

B. The Department may hold all bids up to 60 calendar days from the date bids were opened. Unless otherwise required by law, bids may not be withdrawn without penalty.

C. The award of the contract is conditioned upon funds made available for the project (or projects if applicable).

D. Any agreement or contract is subject to approval by the Department of the

Attorney General, and the approval of the Governor, as required by statute, regulation, rule, order, or other directive.

1.09 RESPONSIBILITY OF AWARDED BIDDER

A. Pursuant to Section 103D-310(c), HRS, the responsive bidder recommended for contract award, if any, must be compliant with all laws governing entities doing business in the State including the following chapters:

1. Chapter 237, tax clearance;

2. Chapter 383, unemployment insurance;

3. Chapter 386, workers’ compensation;

4. Chapter 392, temporary disability insurance;

5. Chapter 393, prepaid health care; and

6. Chapter 103D-310(c), Certificate of Good Standing (COGS) for entities doing business in the State.

B. The State will verify compliance on Hawaii Compliance Express (HCE). The HCE is an electronic system that allows vendors/contractors/service providers doing business with the State to quickly and easily obtain proof that they are compliant with applicable laws. The HCE certificate, ‘Certificate of Vendor Compliance’, allows this single printable electronic certificate to be substituted for the tax clearance, labor certificate, and a Certificate of Good Standing required in Hawaii

Job No. DCR 24-WCCC-0016 00210 - 7

Revised Statutes (HRS), Section 103D-310(c), and Hawaii Administrative Rules (HAR), Section 3-122-112. The HCE provides compliance status in real time.

C. Bidders are advised to register with Hawaii Compliance Express at https://vendors.ehawaii.gov before submitting an offer. Bidders are strongly encouraged to submit a ‘Certificate of Vendor Compliance’ with their bid package to ensure the State’s ability to quickly verify compliance at the time of award. If an offeror is not compliant at the time of award, an otherwise responsive and responsible offeror may not receive the award.

PART 2 – PRODUCTS (NOT USED)

PART 3 – EXECUTION (NOT USED)

END OF SECTION

https://vendors.ehawaii.gov/

WO39 WCCC New Access Road Solicitation, Offer and Contract Form Job No. DCR 24-WCCC-0016 00410 - 1

SOLICITATION, OFFER AND CONTRACT FORM

1. Job No:

DCR 24-WCCC-0016

2. TYPE OF SOLICITATION

SEALED BID (IFB)

SEALED PROPOSAL (RFP)

3. PAGE OF PAGES

IMPORTANT – The “offer” section must be fully completed by offeror.

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

4. ISSUED BY:

DEPARTMENT OF CORRECTIONS AND

REHABILITATION

ADMINISTRATIVE SERVICES OFFICE

1177 ALAKEA STREET, ROOM 306

HONOLULU, HAWAIʻI 96813

5. ADDRESS OFFER TO:

SAME AS BLOCK 4

6. FOR INFORMATION

Call:

Or Visit:

A. NAME

Mr. Barry S. Rouse Jr.

http://www.hawaii.gov/pwd/construction_bids

B. TELEPHONE NO. (NO

COLLECT CALLS)

(808) 587-1237

SOLICITATION

7. THE STATE OF HAWAII REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS TO

CONSTRUCT:

WOMEN’S COMMUNITY CORRECTIONAL FACILITY

WO39 WCCC NEW ACCESS ROAD

TMK: (1) 4-2-003:004

Kailua, Hawaiʻi

After carefully examining the bid documents including the specifications, drawings, addenda, and other proposed contract documents, the bidder shall furnish all labor, materials, machinery, tools, superintendence, transportation, and other construction accessories, services, and facilities necessary to construct and complete, at its own risk and expense, the work and requirements of the Project for the cost and time stipulated in the COST, TIME AND SCHEDULE article of Attachment A of this Form. The bidder agrees to the conditions and requirements stipulated in this SOLICITATION, OFFER AND CONTRACT FORM and any attachments thereto.

8. The Contractor shall complete the work as stipulated in the COST, TIME, AND SCHEDULE article of Attachment A. This performance period is mandatory.

9. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS WITHIN 10 CONSECUTIVE CALENDAR DAYS AFTER DATE OF THE LETTER OF AWARD. IF ALTERNATE FORMS OF SECURITY WILL BE SUBMITTED, REFER TO STATE OF HAWAII, GENERAL CONDITIONS 3.7.1.3. INCORPORATED HEREIN BY

REFERENCE.

Job No. DCR 24-WCCC-0016 00410 - 2

10. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed bids/offers to perform the work required are due at the place specified in Block 5, by the date and time specified in the Notice to Bidders. If this is a sealed bid solicitation, offers will be publicly opened at that time. Offers must be submitted via email with the offeror’s name, the Work Order number, and the Project name in the subject line.

It is the responsibility of the Sender (entity sending the Electronic Bid) to confirm the receiving entity has received the Electronic Bid.

B. Bid Security is required and must be submitted with the offer if the offer amount is $25,000 or more.

C. Listing of Joint Contractors and Subcontractors – Any offeror must submit with its offer, the name of each person or firm to be engaged by the offeror as a joint contractor or subcontractor in the performance of the contract and the nature and scope of the work to be performed by each. The offeror is directed to complete the joint contractors and subcontractors list form included in the solicitation and submit it with the offer.

D. The Offeror be registered and compliant with Hawaii Compliance Express, link found at http://vendors.ehawaii.gov/hce/splash/welcome.html.

E. All offers are subject to the requirements of the solicitation, including the Specifications, Notice to Bidders, Instruction to Bidders, General Conditions, and Drawings, any Special Conditions, Addenda, Bid Clarifications, and any other provision whether incorporated in full text or by reference in, or attached to, the solicitation.

F. 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.

G. Recycled Product Preference – Certain recycled products are not acceptable for use in this project. Any offeror proposing to use the recycled product preference must complete the recycled product preference schedule form in the solicitation and submit it with the offer.

Job No. DCR 24-WCCC-0016 00410 - 3

OFFER (Must be fully completed by offeror)

11. NAME AND ADDRESS OF OFFEROR (Include Zip Code) (*1)

12. REMITTANCE ADDRESS (Include only if different than item 11)

13. TELEPHONE NO. (Include area code ) FAX NO.

14. EMAIL ADDRESS

15. FEDERAL EMPLOYER ID # (FEIN)

16. HAWAII GENERAL EXCISE ID #

17. BUSINESS ORGANIZATION (*2) 18. CONTRACTOR’S LICENSE NO.

19. The offeror agrees to perform the work required at the price(s) specified in the COST, TIME AND SCHEDULE article of Attachment A in strict accordance with the terms of this solicitation, including any attachments thereto, if this offer is accepted by the State of Hawaii within 60 calendar days after the date offers are due.

20. The offeror has completed Attachment A.

21. COMPLIANCE WITH §3-122-112 (HAR) {BIDDER’S INSTRUCTIONS: Mark one box only. If a Non-Hawaii Business, write your State’s name where incorporated.}

The undersigned represents:

A Hawaii Business incorporated or organized under the laws of the State of Hawaii.

Or A Compliant Non-Hawaii Business not incorporated or organized under the laws of the State of Hawaii, but registered at the State of Hawaii, Department of Commerce and Consumer Affairs, Business Registration Division to do business in the State of Hawaii. State of incorporation: ________________________

22A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

22B. SIGNATURE: I declare under penalty of law that the foregoing is true and correct to the best of my knowledge. (*3)

22C. DATE:

BIDDERS INSTRUCTIONS AND SOLICITATION, OFFER AND CONTRACT FORM FOOTNOTES (footnotes relate to boxes 11, 17 & 22B) (*1) If the Offeror is a "dba" of a sole proprietor, furnish the exact legal name as registered with the Department of

Commerce and Consumer Affairs.

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.

The address included in this box will be used for correspondence.

(*2) For Business Organization, enter one of the following: Sole Proprietor, Partnership, Corporation, Joint Venture, or

Other.

(*3) MANUAL SIGNATURE REQUIRED: attach to this page evidence of the authority of this signatory to submit bids on behalf of the Offer, and also the names and residence addresses of all officers of the company.

Fill in information in all blank spaces or the bid may be invalidated. SOLICITATION, OFFER AND CONTRACT FORM MUST BE INTACT; MISSING PAGES OR ANY ALTERATIONS MAY INVALIDATE THE BID. TYPE OR WRITE ALL

INFORMATION IN INK. USE INK FOR MANUAL SIGNATURE.

Job No. DCR 24-WCCC-0016 00410 - 4

CONTRACT (To be completed by State of Hawaii)

23. CONTRACT NO. 23A. CONTRACT DATE:

24. ITEMS ACCEPTED:

25. AMOUNT: 27. PAYMENT WILL BE MADE BY:

(Department)

By ______________________________________

Signature

Print Name

Title

26. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK

4 UNLESS DIFFERENT ADDRESS STIPULATED HERE

(7 copies unless otherwise specified)

Job No. DCR 24-WCCC-0016 00410 - 5

ATTACHMENT A

A. COST, TIME, AND SCHEDULE

WOMEN’S COMMUNITY CORRECTIONAL CENTER

WO39 – WCCC New Access Road Job No: DCR 24-WCCC-0016

1. COST:

TOTAL LUMP SUM BID PRICE $________________

_____________________________________________________ DOLLARS

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

2. TIME:

See SECTION 01100 – PROJECT REQUIREMENTS for additional time and duration requirements.

Contract Duration 180 Calendar Days

3. SCHEDULE FOR WORK

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

a. 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 Department specifically issues a written authorization to proceed with designated work.

b. Upon receipt of the executed contract and a written authorization from the

Department, the contractor may proceed with ordering materials, doing offsite fabrication and similar work, approved by DCR, 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 Department specifically issues a written authorization to proceed with designated work.

Payment for materials ordered and received prior to DCR issuance of the formal Notice to Proceed are subject to the following conditions:

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

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

3. Conditions as specified in the SECTION 00700 – GENERAL

CONDITIONS, and other conditions required by the contract documents.

Job No. DCR 24-WCCC-0016 00410 - 6

c. After issuance of the formal Notice to Proceed or upon written authorization from the Department 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 in the COST, TIME AND SCHEDULE article.

B. BID SECURITY

Mark the applicable box. State in words and numerals the Bid Bond dollar amount.

See the Bidder’s Instructions at the end of this section for additional information.

Enclosed with this BID FORM:

Surety Bond (*4) Legal Tender (*5) Cashier’s Check (*6) Certificate of Deposit (*6) Certified Check (*6) Official Check (*6) Share Certificate (*6) Teller’s Check (*6) Treasurer’s Check (*6) {BIDDER’S INSTRUCTIONS: * See below for footnotes.

(*4) Surety bond underwritten by a company licensed to issue bonds in this State (Note:

Surety bond shall be substantially in the form of the sample in the Appendix to the Interim General Conditions);

(*5) Legal tender; or (*6) 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 bid amount) as required by law.

C. RECEIPT OF ADDENDA AND BID CLARIFICATIONS

Bidder acknowledges receipt of the following Addenda and Bid Clarifications issued by the Department, and the bidder shall indicate by marking each applicable box:

Addendum No. 1 Bid Clarification No. 1 Addendum No. 2 Bid Clarification No. 2 Addendum No. 3 Bid Clarification No. 3 Addendum No. 4 Bid Clarification No. 4 Addendum No. 5 Bid Clarification No. 5

Job No. DCR 24-WCCC-0016 00410 - 7

D. 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. Complete self-certification form below.

E. OTHER CONDITIONS

1. Bidder agrees to pay liquidated damages as specified in SECTION 00410 –

SOLICITATION, OFFER AND CONTRACT FORM.

2. Bidder declares that its firm was not assisted or represented by an individual who has, in a State capacity, been involved in this project or this proposed contract in the past two consecutive years.

3. Anti-collusion Certification – In accordance with §3-122-192 (HAR), the bidder declares that the price submitted for this bid is independently arrived at without collusion.

4. Certification for Safety and Health Programs for Offers in excess of

$100,000 – In accordance with HRS 396-18, the bidder certifies that its organization will have a written safety and health plan for this project that will be available and implemented by the date when onsite construction starts. Bidder may obtain the requirements for the safety plan from the Department of Labor and Industrial Relations, Occupational, Safety and Health Division (HIOSH).

5. Labor and Wage Certification (Chapter 104 HRS) – For projects in excess of

$2,000, the bidder shall comply with the requirements of Chapter 104 HRS, “Wages and Hours of Employment on Public Works Construction Projects” and shall certify that:

a. Individuals engaged in the performance of the contract on the job site shall not be paid less than wages the Director of Labor and Industrial Relations determines to be prevailing for corresponding classes of laborers and mechanics employed on public works projects, including any periodic adjustments to the prevailing wages during the performance of the contract;

and

b. Overtime compensation shall be at one and one-half times the basic hourly rate plus fringe benefits for hours worked on Saturday, Sunday, or legal holiday of the State or in excess of eight hours on any other day; and

c. All applicable laws of the federal and state governments relating to workers’ compensation, unemployment compensation, payment of wages, and safety shall be fully complied with.

6. Upon the acceptance of the bid by the Procurement Officer, the bidder must enter into and execute a contract and furnish a performance and payment bond.

These bonds shall conform to the provisions of HRS Sections 103D-324 and 325, and any law applicable thereto.

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7. Compliance with §103D-310 HRS: Bidder shall be incorporated or organized under the laws of the State or registered to do business in the State as a separate branch or division that is capable of fully performing under the contract.

F. LISTING JOINT CONTRACTORS OR SUBCONTRACTORS (HRS, 103D-302)

It is the sole responsibility of the bidder to review the requirements of this project and determine the appropriate specialty contractor’s licenses that are required to complete the project. The bidder acknowledges that as a general contractor (‘A’ or ‘B’ license) the bidder is prohibited from undertaking any work solely or as part of a larger project, which would require the bidder (‘A’ or ‘B’ general contractor) to act as a specialty (‘C’ license) contractor in any area in which the bidder (‘A’ or ‘B’ general contractor) has no specialty contractor’s license. The bidder (‘A’ or ‘B’ general contractor) must have the appropriate ‘C’ specialty contractor’s licenses either obtained on its own, or obtained automatically under HAR §16-77-32.

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.

Bidder agrees the completed listing of joint contractors or subcontractors is required for the project and that the bidder, together with the listed joint contractors and subcontractors, have all the specialty contractor’s licenses to complete the work.

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Joint Contractors or Subcontractors List {BIDDER’S INSTRUCTIONS: Refer to SECTION 00210 – INSTRUCTIONS TO BIDDERS for detailed instruction to fill out this list. Write in the complete firm name and nature of work to be performed by the required joint contractor or subcontractor.}

COMPLETE FIRM NAME JOINT CONTRACTOR

OR SUBCONTRACTOR

NATURE OF WORK TO BE PERFORMED

Job No. DCR 24-WCCC-0016 00410 - 10

G. LIQUIDATED DAMAGES

Liquidated damages in the amount of $750.00 per calendar day of delay will be deducted from the Contractor’s final payment if the work is not completed within the time specified in this solicitation and any time extensions granted in writing to the Contractor by the State.

H. COMPENSATION

All payments shall be made in the manner and at the times indicated in the Contract Documents.

It is understood and agreed that the compensation paid by the State to the Contractor shall include all expenses incurred by the Contractor for all loss or damage arising out of the nature of the work, from the action of the elements, or from any delay or unforeseen obstruction or difficulty encountered in the prosecution of the work; for all risks of every description connected with the work; and for all expenses incurred by or in consequence of the suspension or discontinuation of the work, except as set forth in the General Conditions.

It is further agreed by the parties that any portion of the Contract price payable to the Contractor out of federal funds shall be paid to the Contractor only when such federal funds are received, and this contract shall not be construed as binding the State to pay said portion out of any fund other than those which are received from the Federal government.

I. GUARANTY OF WORK

The Contractor agrees to guaranty all work under this Contract for the period(s) stipulated in the Contract Documents from the project acceptance date.

If any unsatisfactory condition or damage develops within the time of this guaranty due to materials or workmanship that are deficient, inferior, or not in accordance with the contract, the Contractor shall, when notified by the State, immediately place such guaranteed work in a condition satisfactory to the State and make repairs of all damage to the buildings, equipment and grounds made necessary in fulfillment of the guaranty. Everything necessary for the fulfillment of any guaranty shall be done without any expense to the State. It is understood that the performance and payment bond furnished by the Contractor under this Contract may be used to secure performance of Contractor’s guaranty.

J. CONTRACT DOCUMENTS

It is understood and agreed that the following documents, and any amendments or addenda thereto, comprise this contract and are fully a part of this Contract as though attached hereto or set forth at length herein: (1) Contractor’s accepted proposal; (2) General Conditions; (3) Drawings; (4) Specifications, including the Notice to Bidders, Instructions to Bidders, Addenda, Bid Clarifications, if any; (5) Combination Performance and Labor and Material Payment Bond; and (6) this Contract Agreement.

K. ENTIRE AGREEMENT

This Contract is the entire agreement between parties, and no alterations, changes, or additions thereto shall be made, except in writing approved by the parties.

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L. ATTACHMENTS TO BE PROVIDED BY OFFER AS APPLICABLE

Corporate Resolution Certificate of Vendor Compliance (HCE) Surety Bid Bond

Power of Attorney

END OF SECTION

WO39 WCCC New Access Road General Conditions Job No. DCR 24-WCCC-0016 00700 - 1

SECTION 00700 – GENERAL CONDITIONS

PART 1 – GENERAL

1.01 GENERAL CONDITIONS

A. The publication by the Public Works Division, Department of Accounting and

General Services, State of Hawaii, titled “INTERIM GENERAL CONDITIONS 1999 Edition,” known as the “GENERAL CONDITIONS”, forms part of the State of Hawaii Contract between the Contractor and the State of Hawaii. The GENERAL CONDITIONS are not physically included with these specifications, but are included by reference. Copies of the GENERAL CONDITIONS may be obtained from online at I:\dpw\IGC 1999 Edition Printing\Interim General Conditions 1999 Edition Print.wpd.

B. The GENERAL CONDITIONS shall govern the Work specified in all DIVISIONS and SECTIONS.

C. Wherever the term ‘Interim General Conditions’ appears in the Contract Documents, it shall be replaced with the term “GENERAL CONDITIONS.”

D. Whenever the term ‘DAGS Publics Works Division’, ‘DAGS PWD’, ‘Public Work

Administrator’ or any similar reference(s) to ‘DAGS” is made within the GENERAL CONDITIONS, or in this Section, it should be understood that these terms be replaced with ‘DCR’ or ‘Department’.

E. Wherever the term ‘Comptroller’ is made within the GENERAL CONDITIONS, or in this Section, it should be understood that this term be replaced with ‘Director’ or ‘Department’.

F. Wherever the GENERAL CONDITIONS makes reference to DAGS’ address at the Kalanimoku Building, it shall be replaced with DCR’s address of ‘Administrative Services Office, 1177 Alakea Street, Room 306, Honolulu, Hawaii 96813.

1.02 REVISIONS TO THE GENERAL CONDITIONS – The following changes shall govern over the respective items in the published “INTERIM GENERAL CONDITIONS, 1999 Edition.”

“1.5 ADVERTISEMENT – A public announcement soliciting bids or offers.

1.9 BID – See Offer.

1.11 BIDDER – See Offeror.

1.12 BIDDING DOCUMENTS (or SOLICITATION DOCUMENTS) – The

advertisement solicitation notice and instructions, Offer requirements, Offer forms, and the proposed contract documents including all addenda, and clarifications issued prior to receipt of the Offer.

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1.18 DIRECTOR – The current Director of the State of Hawaii, Department of Corrections and Rehabilitation.

1.24 CONTRACT TIME (or CONTRACT DURATION) – The number of

calendar (or working) days provided for completion of the contract, inclusive of authorized time extensions. The number of days shall begin running on the effective date in the Notice to Proceed. If in lieu of providing a number of calendar (or working) days, the contract requires completion by a certain date, the work shall be completed by that date.

1.26 DEPARTMENT – The Department of Corrections and Rehabilitation, State of Hawaii (abbreviated DCR). Also, when reference is made to ‘the State’, this reference should be understood to be the DCR. The Contracting Officer (or Project Coordinator) will represent the Department.

1.28 ENGINEER – The Contracting Officer. See Contracting Officer hereinbelow.

1.37 INSPECTOR – The person assigned by the Contracting Officer to inspect and monitor construction operations.

1.43 NOTICE TO CONTRACTORS – See Solicitation.

1.44 NOTICE TO PROCEED – A written notice from the Department to the

Contractor establishing the applicable Contract Duration, Project Start Date, Jobsite Start Date, Jobsite Completion Date, and Contract Completion Date.

1.49 PROPOSAL (Bid) – See Offer (or Bid).

1.50 PROPOSAL FORM (Bid) – See Offer (or Bid Form).

1.65 CONTRACTING OFFICER – The Department of Corrections and

Rehabilitation Project Coordinator.

1.66 JOBSITE START DATE – The date when on-site construction may start.

1.67 JOBSITE COMPLETION DATE – The date when on-site construction must be completed.

1.68 OFFER (or BID) – The executed document submitted by an Offeror in response to a solicitation request, to perform the work required by the proposed contract documents, for the price quoted and within the time allotted.

1.69 OFFER (or BIDDER) – Any individual, partnership, firm, corporation, joint venture or other legal entity submitting directly or through a duly authorized representative or agent, an Offer for the work or construction contemplated.

Job No. DCR 24-WCCC-0016 00700 - 3

1.70 OFFER FORM (or BID FORM) – The form prepared by the Department on which the Offeror submits the written offer or bid. By submitting an offer or bid, the Offeror adopts the language on the form as its own.

1.71 PROJECT COORDINATOR – Barry Rouse Jr., of the Department of

Corrections and Rehabilitation. Email: barry.s.rousejr@hawaii.gov. Phone number: (808) 587-1237.

1.71 PROJECT CONTROL BUDGET – The amount of funds set aside for the construction of the Project.

1.72 PROJECT START DATE – The date established in the Notice to Proceed when the Contractor shall begin prosecution of the work and the start of contract time.

1.73 RESIDENT – 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.

1.74 SHORTAGE TRADE – 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.

1.75 SOLICITATION – An Invitation to Bid or Request for Proposals or any other document issued by the Department to solicit bids or offers to perform a contract. The solicitation may indicate the time and place to receive the bids or offers and the location, nature and character of the work, construction or materials to be provided.

1.76 CONSTRUCTION MANAGER – The Department of Corrections and

Rehabilitation’s Construction Manager overseeing the Construction Phase. The Department may elect to contract with a private entity for this position; in the event of this occurrence, the Construction Manager shall represent the Department, shall act on the Department’s behalf and shall also be referred to as the Contracting Officer.

1.77 ACCEPTED EQUIVALENT – Whenever this term is used in the drawings or specification, it shall be interpreted to mean a brand or article in accordance with Section 6.3 SUBSTITUTION OF MATERIALS AND EQUIPMENT, that may be used in place of the one specified."

B. Under ARTICLE 2 – PROPOSAL REQUIREMENTS AND CONDITIONS, modify section 2.1 – QUALIFICATION OF BIDDERS, by deleting 2.1.1, through 2.1.2.8 and substitute the following 2.1.1 through 2.1.2:

“2.1.1 Notice of Intention to Bid

2.1.1.1 In accordance with section 103D-310, Hawaii Revised Statutes, and Section 3-122-111, Hawaii Administrative Rules, a written notice of intention to bid need not be filed for construction of any public building or public work.

Job No. DCR 24-WCCC-0016 00700 - 4

A written notice of intention to bid need not be filed for mere furnishing and installing of furniture, equipment, appliances, material and any combination of these items when a Contractor’s license is not required under Chapter 444 of the Hawaii Revised Statutes, as amended, and the rules and regulations of the Contractor’s License Board.

2.1.1.2 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. 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 ventures 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 joint venture must register with the office of the Director of Commerce and Consumer Affairs in accordance Chapter 425 of the Hawaii Revised Statutes, as amended.

2.1.1.3 No persons, firm or corporation may bid where (1) the person, firm, or corporation, or (2) a corporation owned substantially by the person, firm, or corporation, or (3) a substantial stockholder or an officer of the corporation, or

(4) a partner or substantial investor in the firm is in arrears in any payment owned to the State of Hawaii or any of its political subdivisions or is in default of any obligation to the State of Hawaii or to all or to any of its political subdivisions, including default as a surety or failure to perform faithfully and diligently any previous contract with the Department.

2.1.2 Compliance Certificate 103D-310(c), Hawaii Revised Statutes – The Contractors are required to provide proof of compliance in order to receive a contract of $25,000 or more.