FINAL SPECIFICATIONS w NTB BO1741 73.pdf

STATE OF HAWAII

DEPARTMENT OF TRANSPORTATION

AIRPORTS

SPECIFICATIONS AND PROPOSAL

FOR

LANDSCAPE MAINTENANCE

AT DANIEL K. INOUYE INTERNATIONAL AIRPORT

HONOLULU, OAHU, HAWAII

PROJECT NO. BO1741-73

FY2027

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NOTICE TO BIDDERS

Hawaii Revised Statutes (HRS), Chapter 103D

The receiving of bids for LANDSCAPE MAINTENANCE AT DANIEL K. INOUYE

INTERNATIONAL AIRPORT, HONOLULU, OAHU, HAWAII, PROJECT NO. BO1741-73,

will begin as of the HIePRO Release Date. Bidders shall register and submit complete bids through

HIePRO only. Refer to the following HIePRO link for important information on Vendor Registration:

https://hiepro.ehawaii.gov/welcome.html.

The solicitation, specifications, proposal, and additional documents designated or incorporated by reference shall be available in HIePRO.

HIePRO OFFER DUE DATE AND TIME is October 8, 2026, at 2:00 p.m., Hawaii Standard

Time (HST). Bidders shall submit and upload the complete proposal to HIePRO prior to the offer due date and time. Proposals received after said due date and time shall not be considered. Any additional support documents explicitly designated as confidential and/or proprietary shall be uploaded as a separate file to HIePRO. Bidders shall not include confidential and/or proprietary documents as part of their proposal. The record of each bidder and their respective proposal shall be open to public inspection. FAILURE TO UPLOAD THE

PROPOSAL TO HIePRO SHALL BE GROUNDS FOR REJECTION.

The scope of work consists of landscape maintenance services at Daniel K. Inouye

International Airport.

To be eligible for award, bidders shall possess a valid State of Hawaii Specialty Contractors

"C-27" license at the time of bidding.

All Request for Information (RFI) questions and Substitution Requests shall be submitted in

HIePRO no later than September 25, 2026, at 2:00 p.m., HST. RFI questions received after the

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stated deadline shall not be addressed. Substitution Requests received after the stated deadline shall not be considered. Verbal RFI(s) shall not receive a response. All responses to RFI questions shall be provided for clarification and information only and issued by formal addendum. Any amendments to the solicitation shall be made by formal addendum and posted in HIePRO.

If there is a conflict between the solicitation and information stated in the responses to RFI questions, the solicitation shall govern and control, unless as amended by formal addendum.

Campaign contributions by State and County Contractors. Contractors are hereby notified of the applicability of HRS § 11-355 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. For more information, contact the Campaign

Spending Commission at (808) 586-0285.

Protests. Any protest of this solicitation shall be submitted in writing to the Director of

Transportation, in accordance with HRS § 103D-701 and Hawaii Administrative Rules § 3-126.

The Equal Employment Opportunity Regulations of the Secretary of Labor implementing

Executive Order 11246, as amended, shall be complied with on this project.

The U.S. Department of Transportation Regulation entitled “Nondiscrimination in Federally

Assisted Programs of the U.S. Department of Transportation”, Title 49, Code of Federal

Regulations (CFR), Part 21, is applicable to this project. Bidders are hereby notified that the

Department of Transportation shall affirmatively ensure that the contract entered into pursuant to this advertisement shall be awarded to the lowest responsible bidder without discrimination on the grounds of race, color, national origin, or sex (as directed by 23 CFR Part 200).

For additional information, contact Mr. Gary Kam, our Airports State Project Manager, by phone at (808) 834-6091, or by email at gary.yt.kam@hawaii.gov.

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The State reserves the right to reject any or all proposals and to waive any defects in said proposals in the best interest of the public.

CURT T. OTAGURO

Deputy Director of Transportation for Airports

HIePRO RELEASE DATE: September 11, 2026

BO1741-73 r7/31/26

TABLE OF CONTENTS

PAGE

Notice to Bidders

Special Provisions..............................SP-1 - SP-11

Specifications (Serv.)

Section 1 Definition of Terms.................1-1 - 1-4

Section 2 Proposal Requirements and Conditions......................2-1 - 2-3

Section 3 Award and Execution of Contract.........................3-1 - 3-5

Section 4 Scope of Work.......................4-1 - 4-3

Section 5 Control of Work ....................5-1 - 5-3

Section 6 Control of the Material and Equipment.......................6-1 - 6-3

Section 7 Legal Relations and Responsibility..................7-1 - 7-4

Section 8 Prosecution and Progress............8-1 - 8-8

Section 9 Payment.............................9-1 - 9-2

Section 10 Landscape Maintenance Service..........................10-1 - 10-13

Section 11 Pollution Control.................11-1 - 11-2

Exhibits A, B, C, D and E

Proposal..............................................PF-1 - PF-5

Proposal Schedule...............................PF-6 - PF-10

Forms

Contract Certificate for Performance of Services

HONOLULU, HAWAII

S P E C I A L P R O V I S I O N S

BO1741-73

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SPECIAL PROVISIONS

SECTION 1 – DEFINITIONS AND TERMS IS AMENDED AS FOLLOWS:

SECTION 1.33 SUBCONTRACTOR is amended by deleting it a replacing it with the following:

“1.33 SUBCONTRACTOR – An individual, partnership, firm, corporation, or joint venture, or other legal entity, as licensed or required to be licensed under Chapter 444, Hawaii Revised Statutes, as amended, which enters into an agreement with the Contractor to perform a portion of the work.”

ADD THE FOLLOWING NEW DEFINITIONS:

1.39 AIRPORT MANAGER – The Airports Division, Oahu District Manager

(AIR-O).

1.40 AIRPORT MAINTENANCE SUPERINTENDENT – The Airports Division, Oahu District Maintenance Section Superintendent (AIR-OM).

1.41 AIRPORT ENGINEER OF ENGINEER – The Airports Division, Oahu District Maintenance Engineer (AIR-OME).

1.42 AIRPORT – A tract of land or water which is maintained for the landing and takeoff of aircraft and for receiving and discharging passengers and cargo; and usually has facilities for the shelter, supply and repair of planes.

1.43 AIRFIELD – A tract of land or water which is maintained for the landing and takeoff of aircraft, and the buildings and facilities required for operation of the airfield.

1.44 HNL – Daniel K. Inouye International Airport.

1.45 AIR OPERATIONS AREA (AOA) – An area of the airport used or intended used for landing, takeoff, or surface maneuvering of aircraft.

1.46 LIMITED ACCESS – Access is limited to specific areas of the AOA necessary to performance of one’s duties.

1.47 UNLIMITED ACCESS – Access is permitted to the entire AOA except for the movement areas which are restricted to qualified and authorized individuals only. Unlimited access does not preclude the need to satisfy all other requirements, such as possession of ramp, vehicle operator’s permit, vehicle AOA access permits, etc.

1.48 HAWAII ePROCUREMENT SYSTEM (HIePRO) - The State of Hawaii eProcurement System for issuing solicitations, receiving proposals and responses, and issuing notices of award.

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SECTION 2 – PROPOSAL REQUIREMENTS AND CONDITION IS AMENDED AS FOLLOWS:

2.3 PROPOSAL GUARANTY is deleted in its entirety.

SECTION 2.4 - DELIVERY OF PROPOSALS is amended by replacing the entire subsection with:

“2.4 DELIVERY OF PROPOSALS – Bidders shall submit and upload the complete proposal to HIePRO prior to the bid opening date and time. Proposals received after said due date and time shall not be considered. Any additional support documents explicitly designated as confidential and/or proprietary shall be uploaded as a separate file to HIePRO. Do not include confidential and/or proprietary documents with the proposal. The record of each bidder and respective bid shall be open to public inspection. Original (wet ink, hard copy) proposal documents are not required to be submitted. Contract award shall be based on evaluation of proposals submitted and uploaded to HIePRO.

FAILURE TO UPLOAD THE COMPLETE PROPOSAL TO HIePRO SHALL BE

GROUNDS FOR REJECTION OF THE BID.

If there is a conflict between the specification document and the HIePRO solicitation, the specifications shall govern and control, unless otherwise specified.”

SECTION 2.5 - WITHDRAWAL OF PROPOSALS is amended by replacing the entire subsection with:

“2.5 WITHDRAWAL OF PROPOSALS – Bids may be modified or withdrawn prior to the bid opening date and time. Withdrawal or revision of proposal shall be completed and submitted and uploaded to HIePRO prior to the bid opening date and time.”

SECTION 2.6 - PUBLIC OPENING OF PROPOSALS is not applicable.

SECTION 2.9 – CERTIFICATE FOR PERFORMANCE OF SERVICES shall be added as follows:

“2.9 CERTIFICATE FOR PERFORMANCE OF SERVICES – Pursuant to Section 103-55, Hawaii Revised Statutes, and unless indicated otherwise, bidders should submit the attached "Certificate for Performance of Services" in the event bids are in excess of $25,000. The notarized certificate must be submitted to said Contracts Office, Department of Transportation, 869 Punchbowl Street, Honolulu, Hawaii 96813, before entering into a contract to perform services.

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As of the bid opening date, salaries of State employees performing work similar to the work called for under this contract are as follows:

Class

Salary Range

Minimum Hourly Wage

Groundskeeper I BC-02 $25.20 Groundskeeper II WS-02 $26.95 General Laborer I BC-02 $25.20 Tree Trimmer – Truck Driver BC-05 $28.03 Tree Trimmer BC-07 $30.32

The above information is provided to the Contractor for guidance only and is subject to change in accordance with existing collective bargaining contracts or shall change as contracts are renegotiated. It is the bidder’s responsibility to verify the accuracy of the wage rates contained herein and to provide for changes in the minimum wages which must be paid for the personnel working on the project at all times. Information may be obtained from the State Department of Personnel Services, Classification and Compensation Review Division (587-1010).

Bidders are further advised that they are not restricted to hire only those classifications of employees as listed but are free to employ such other classifications of workers as the bidder deems proper and proposes to use on the project, and as may be according to his/her common hiring practice. However, the principal duties of employees other than those listed in Section 10 of the Specifications will be matched against those of State workers to determine the closest equivalent State employee classifications, and the Contractor must compensate such employee(s) at a rate which is no less than that of the equivalent State employee.

The Contractor shall be obligated to notify its employees performing work under this contract of the provisions of Section 103-55, H.R.S., and the current wage rate for public employees performing similar work. The Contractor may meet this obligation by posting a notice to this effect in the Contractor’s place of business accessible to all employees, or the Contractor may include such notice with each paycheck or pay envelope furnished to the employee.”

SECTION 6 – CONTROL OF MATERIAL AND EQUIPMENT IS AMENDED AS

FOLLOWS:

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SECTION 6.2 - TRADE NAMES AND ALTERNATES is amended as follows:

1. The first paragraph of A. QUALIFICATION BEFORE BID OPENING shall be replaced with the following:

“A. QUALIFICATION BEFORE BID OPENING - When the specifications and/or plans specify one or more manufacturer's brand names of materials or equipment to indicate a quality, style, appearance, or performance, the bidder will be assumed to have based its bid on one of the specified named products, except where such proprietary product are specified, alternate brands may be qualified if found equal or better by the Department. The bidder shall submit a request to the Department for review and approval at the earliest date possible. As specified in the Notice to Bidders, all requests shall be posted as a question in HIePRO under the “Question and Answer” tab. Supporting documents for specific request shall be emailed to the Project Manager specified in the Notice to Bidders. Request must be posted in HIePRO and supporting documents received by the Project Manager no later than fourteen (14) calendar days before the bid opening date.”

2. The first sentence of the second paragraph of A. QUALIFICATION BEFORE BID OPENING shall be replaced with the following:

“It shall be the responsibility of the bidder to submit sufficient evidence based upon which a determination can be made by the Department that the alternate brand is a qualified equivalent.”

SECTION 7 – LEGAL RELATIONS AND RESPONSIBILITY IS AMENDED AS

FOLLOWS:

SECTION 7.8 LABOR AND COMPENSATION REQUIREMENTS is amended by replacing the first two paragraphs with the following:

“7.8 LABOR AND COMPENSATION REQUIREMENTS - Pursuant to

Section 103-55, H.R.S., Wages, Hours, Working Conditions of Employees of Contractor's Supplying Services, services to be rendered shall be performed by employees paid at wages or salaries not less than the wages paid to public officers and employees for similar work.

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Additional information on the requirements of Section 103- 55, H.R.S. may be obtained at http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046- 0115/HRS0103/HRS_0103-0055.htm”

SECTION 7.9 INSURANCE is amended as follows:

1. Subsection B. Comprehensive Automobile Liability shall be replaced with the following:

“B. Comprehensive Automobile Liability:

The Contractor shall obtain Auto Liability Insurance covering all owned, non-owned and hired autos with a combined single Limit of not less that $5,000,000.00 per accident for bodily injury and property damage with the State of Hawaii named as additional insured. The required limit of insurance may be provided by a single policy or with a combination of primary and excess policies.”

2. Subsection C. Commercial General Liability shall be replaced with the following:

“C. Commercial General Liability:

The Contractor shall obtain General Liability Insurance with a limit of not less than $5,000,000.00 per occurrence and in the aggregates. The General liability insurance shall include the State of Hawaii as an additional insured.

The required limit of insurance may be provided by a single policy of with a combination of primary and excess policies.”

SECTION 7.10 - AIRPORT RULES, FIRE AND SECURITY shall be added at follows:

“7.10 AIRPORT RULES, FIRE AND SECURITY

1. Rules and Regulations. The Contractor shall observe and obey all rules and regulations in effect at the commencement of this contract or which may from time to time during and throughout the term of this contract be prescribed, adopted or amended by the State and/or U.S. Department of Transportation’s Transportation Security Administration, the Contractor’s conduct and operations at or on the http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0103/HRS_0103-0055.htm http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0103/HRS_0103-0055.htm

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Airport. The Contractor acknowledges that it is familiar with the rules and/or regulations of the State currently in effect at the Airport.

2. Airport Security. The Contractor shall observe, comply with, and/or completely satisfy any and all of the security requirements for the Airport and any and all applicable security access procedures, rules, or regulations prescribed by the State and/or the U.S.

Department of Transportation’s Transportation Security Administration.

a. Security agreements. The Contractor shall enter into a security agreement or agreements with the State that may be required by the U.S. Department of Transportation’s Transportation Security Administration for Airport security purposes, and said agreements shall become part of the contract and the agreements, covenants, promises, provisions, requirements, terms, and conditions contained herein, although executed separately.

b. The Contractor to maintain security. The

Contractor shall also maintain security in such a manner that unauthorized persons shall not have access to any secure or restricted aircraft operations area through any part or portion of the Premises, and Contractor’s officers, employees, agents, and guests, or any other party acting with the permission or consent of the Contractor, shall be under the control, supervision, or guidance of the Contractor when entering any secure or restricted aircraft operations area. The Contractor shall enter into any separate supplemental agreement required by the State or U.S. Department of Transportation’s Transportation Security Administration that covers Airport security requirements to ensure the protection of the Airport.

c. Failure to prevent violations. The Contractor accepts liability and responsibility for:

(i) The Contractor’s failure to observe, comply with, and/or completely satisfy any and all Airport security requirements and applicable security

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access procedures, rules, or regulations prescribed by the State and/or the U.S. Department of Transportation’s Transportation Security Administration;

(ii) Any and all reimbursements to the State for the State making direct payments to any citing authority for any fines or penalties of any and all Airport security violations by the Contractor, and/or Contractor’s officers, employees, agents, and/or guests.

Failure on the part of the Contractor to observe, comply with, and/or completely satisfy any security requirement shall be cause for the assessment of additional charges under this contract and/or termination of this contract by the State.”

SECTION 7.11 – SPECIAL OPERATIONAL REQUIREMENTS FOR CONTRACTORS

IN THE AIR OPERATIONS AREA (AOA)IS ADDED AS FOLLOWS:

“7.11 SPECIAL OPERATIONAL REQUIREMENTS FOR CONTRACTORS IN THE

AIR OPERATIONS AREAS (AOA)

1. Motor Vehicles in Air Operations Area. For safety reasons, the operation of motor vehicles in the Air Operations Area must conform with all applicable State airport rules and regulations.

2. Motor Vehicle Access Permit. Each motor vehicle operated in the Air Operations Areas is required to:

a. Meet all State Licensing registration and safety requirements and specifically licensed for operation in the Air Operations Areas.

b. Meet all insurance requirements.

c. Be restricted to operation by those persons qualified to drive the vehicle and in possession of a current HNL Ramp Driver’s License and applicable Motor Vehicle Operator’s License.

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3. Insurance. As a condition for authorization to enter the Air Operations Area, the Contractor shall provide evidence of vehicle liability insurance in the form of a Certificate of Insurance by an authorized insurance carrier. Insurance requirement are as specified in Section 7.9 as amended.

4. Operator’s Permit.

a. The driver of any vehicle in the AOA is required to have in his possession a current and applicable State Motor Vehicle Operator’s License and a HNL Ramp Driver’s License accompanied by the proper Security Area Access Badge/Construction Pass.

b. HNL Ramp Driver’s License may be obtained from the Airport Security Pass and ID Office following satisfactory completion of the airfield operational procedures examination regarding Section 19-15.1 Hawaii Administrative Rules entitled “Operation of Motor Vehicle at Public Airports”.

5. Authorized Vehicles.

a. Only vehicles meeting all State licensing and registration and safety requirements and specifically licensed for operation in the AOA and necessary for the performance of the contract may be allowed to operate in the AOA.

b. All motor vehicles must be painted in such a manner so as to be easily identifiable and must carry the Contractor’s name on each side. These signs may be of a temporary nature applied to the side windows or doors. The lettering shall be in bold characters of a minimum of four inches (4”) in height and one and one-half inches (1-1/2”) in width. The height of logos should be a minimum of six inches’ (6”).

6. Airport Operations Area Identification Badge.

Contractor’s employees requiring entrance to the AOA shall apply for and obtain an identification badge from the Airport Security Pass and I.D. Office.

a. All persons employed under this contract who have unescorted access to the AOA shall have, in

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addition to access clearance requirements, personnel background checks to the extent allowable by law, including at a minimum, references and prior employment histories by the employee relating to employment in the preceding ten (10) years.

b. As a condition of the issuance of an Air Operations Area Identification Badge, a Certification of Compliance shall be submitted with the application. The certification shall affirm that a background check has been performed and that it is correct and complete for those persons requiring access to the Air Operations Area. Background check records shall be maintained by the Contractor during the life of this contract and shall contain the name, address, social security number, previous employment, and the person or persons contacted to verify such employment. Records shall be made available for immediate inspection upon demand by the State

c. As a condition for security area clearance, applicants must comply with Federal Aviation Regulations, CFR, S107.31 (a) which requires a ten-year background employment verification. A criminal history record check may also be necessary.

7. Rules and Regulations.

1. Compliance. The Contractor shall comply with all rules and regulations governing the Air Operations Area as specified in:

a. Hawaii Revised Statutes, Title 19, Administrative Rules for Public Airports.

b. Airports Division, Airport Operations Manual, Section 5.0 Airport Operating Rules and Procedures.

c. Honolulu International Airport Certification

Manual.

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d. Federal Aviation Administration Advisory Circulars.

2. Enforcement Authorization. Act 21, Section 1, Section 261-17 (a), Hawaii Revised Statutes and Federal Aviation Administration Regulations, Part 139 and Part 107.

3. Right of Rejection or Revocation. The State of

Hawaii reserves the right to withhold, deny or revoke any airport security clearance, licenses or permits to any individual or organization that fails to meet the prescribed or required access area clearance criteria to include background investigation information, or fails to observe or comply with established rules, regulations and directives. It should be clearly understood that such denial or revocation is based solely on airport security or safety considerations and does not in any way or form constitute a determination by the State with regard to private employment by any individual or organization.

a. As a condition of the issuance of an Air

Operations Area Identification Badge, a Certification of Compliance shall be submitted with the application. The certification shall affirm that a background check has been performed and that it is correct and complete for those persons requiring access to the Air Operations Area.

Background check records shall be maintained by the Contractor during the life of this contract and shall contain the name, address, social security number, previous employment, and the person or persons contacted to verify such employment.

Records shall be made available for immediate inspection upon demand by the State.

b. As a condition for security area clearance, applicants must comply with the U.S.

Department of Transportation’s Transportation Security Administration regulations which currently require a ten-year background employment verification, SP-11 fingerprint and criminal history check. The fingerprint and criminal history check shall be obtained through the Airport Security Pass & ID Office for a fee of approximately $60.00.”

HONOLULU, HAWAII

S P E C I F I C A T I O N

Mtls. & Serv.

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SECTION 1 - DEFINITION AND TERMS

Whenever the following pronouns are used in these specifications, or in any documents or instruments where these specifications govern, the intent and meaning shall be interpreted as follows:

1.1 ADDENDA - A written document which may be issued by the

Director during the bidding period involving changes to the specifications and plans, if any, which shall be considered and made a part of the contract.

1.2 AIRPORTS DIVISION - Airports Division, Department of

Transportation, State of Hawaii.

l.3 AWARD - The written acceptance of a proposal by the State.

1.4 BIDDER - Any individual, partnership, corporation or

other legal entity, or combination thereof, submitting a proposal for the work contemplated, acting either directly or through a duly authorized representative.

1.5 CALENDAR DAY - Every day shown on the calendar. If no

designation of calendar or working day is made, “day” shall mean calendar day.

1.6 CHANGE ORDER - A written order issued by the Director to

the Contractor requiring the contract work to be performed in accordance with a change or changes that may involve an adjustment in contract time and price or requiring performance of any unforeseen work essential to complete the contract.

1.7 CONTRACT - The written agreement between the State and

the Contractor setting forth the obligations of the parties thereunder, including, but not limited to, the performance of the work, the furnishing of labor and materials, and the basis of payment.

The contract includes the (1) notice to bidders, (2) proposal, (3) contract form and contract bond, (4) specifications, (5) special provisions and plans, if any, (6) addenda, (7) notice to proceed, and (8) change orders and agreements that are required to complete the work, all of which constitute one instrument.

1.8 CONTRACT BOND - The approved form of security, executed

by the Contractor and its Surety or Sureties, guaranteeing the completion of the work in accordance with the terms of the contract, and guaranteeing full payment of all claims for labor, materials, and supplies used or incorporated in the work.

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1.9 CONTRACT TIME - The number of working days or calendar

days allowed for completion of the contract, including authorized time extensions.

If a calendar date is specified as the date of completion in lieu of the number of working days or calendar days, the contract shall be completed by that date.

In case the contract is for a specified period of time, the contract time shall be for said specified period of time.

1.10 CONTRACTOR - The individual, partnership, corporation

or other legal entity, or combination thereof, contracting with the State for performance of the prescribed work.

1.11 DEPARTMENT - The State Department of Transportation.

1.12 DIRECTOR - The Director of Transportation, acting

either directly or through the Director's duly authorized representative.

1.13 EQUAL OR APPROVED EQUAL - Whenever this term is used in

the specifications and plans, if any, it means a brand or article pre-qualified in accordance with Section 6.2 Trade Names and Alternates and which may be used in place of the one specified.

1.14 H.A.R. or HAR - Hawaii Administrative Rules.

1.15 H.R.S. or HRS - Hawaii Revised Statutes.

1.16 HARBORS DIVISION - Harbors Division, Department of

Transportation, State of Hawaii.

1.17 HIGHWAYS DIVISION - Highways Division, Department of

Transportation, State of Hawaii.

1.18 HOLIDAYS - The days which are set apart and established

as State holidays pursuant to Section 8-1, H.R.S.

1.19 INSPECTOR - The Director's authorized representative

assigned to make detailed inspections of contract performance and materials supplied.

1.20 NOTICE TO BIDDERS - The public announcement, as

required by law, inviting proposals for the work to be performed or materials to be furnished.

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1.21 NOTICE OF FINAL ACCEPTANCE - Written notice from the

Director to the Contractor that the entire contract has been completed in all respects in accordance with the specifications and plans, if any, and any changes thereof previously approved by the Director.

1.22 NOTICE TO PROCEED - Written notice from the Director to

the Contractor advising the Contractor of the date on which he is to begin the prosecution of the work.

1.23 PLANS - The contract drawings approved by the Director

which show the location, character, dimensions and details of the work to be done and shall be a part of the contract.

1.24 PROCUREMENT OFFICER - The Director's duly authorized

representative including project managers, project engineers and contract administrators assigned to prepare, evaluate and administer contracts for the purchasing of goods and services.

1.25 PROPOSAL (OR BID) - The offer of a bidder, on the

prescribed form, to perform the work and to furnish the labor and materials at the prices quoted.

1.26 PROPOSAL FORM - The approved format prepared by the

Department or a facsimile thereof on which bids for the work must be prepared and submitted. (Reasonable facsimile acceptable for bidding.)

1.27 PROPOSAL GUARANTY - The security furnished with a

proposal to guarantee that the bidder will enter into the contract and furnish all other requirements if the bidder's proposal is accepted.

1.28 QUALIFICATION QUESTIONNAIRE - The specified forms on

which the bidder shall furnish required information as to the bidder's ability to perform and finance the work.

1.29 S.L.H. or SLH - Session Laws of Hawaii.

1.30 SPECIAL PROVISIONS - Revisions to the specifications.

The specific clauses setting forth conditions or requirements peculiar to the project under consideration which are not thoroughly or satisfactorily stipulated in these specifications.

1.31 SPECIFICATIONS - The directions, provisions, and

requirements pertaining to the method and manner of performing the work and to the quantities and qualities of materials to be furnished under the contract.

1.32 STATE - The State of Hawaii.

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1.33 SUBCONTRACTOR - An individual, partnership, corporation, other legal entity, or any combination thereof, that enters into an agreement with the Contractor to perform a portion of the work for the Contractor.

1.34 SUPERINTENDENT - The Contractor's representative who is

responsible for and in charge of the work.

1.35 SURETY - The corporation, partnership or individual, other than the Contractor, executing a bond furnished by the Contractor and guaranteeing performance by the Contractor.

1.36 TITLES (OR HEADINGS) - The titles or headings of the

Sections herein are intended for convenience of reference and shall not be considered as having any bearing on their interpretation. Unless otherwise indicated, whenever the word "Section" is used, reference is being made to a Section in these specifications.

1.37 WORK - The furnishing of all labor, materials, equipment, and other incidentals necessary or convenient for the successful completion of the project and the execution of all the duties and obligations imposed by the contract.

1.38 WORKING DAY - Any day, except Saturdays, Sundays and

State holidays.

SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS

2.1 QUALIFICATION OF BIDDERS - Prospective bidders must be

capable of performing the work for which bids are called.

In accordance with Section 103D-310, HRS, the Department may require any prospective bidder to submit answers to questions contained in the “Standard Qualification Questionnaire for Prospective Bidders on Public Works Contracts” on the form furnished by the Department, properly executed and notarized, setting forth a complete statement of the experience of such prospective bidder and its 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. Whenever it appears to the Department, from answers to the questionnaire or otherwise, that the prospective bidder is not fully qualified and able to perform the intended work, the Department will, after affording the prospective 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 consider any bid offered by the prospective bidder. All information contained in the answers to the questionnaire shall be kept confidential. Questionnaire so submitted shall be returned to the bidders after serving their purpose.

Failure to complete the qualification questionnaire will be sufficient cause for the Department to disqualify a prospective bidder.

No person, 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 payments owed to the State of Hawaii or its political subdivisions or is in default as a surety or failure to do faithfully and diligently previous contracts with the State.

2.2 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES,

OR IRREGULARITIES - Proposals may be rejected if they show any alterations of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.

When proposals are signed by any agent, other than the officer or officers of a corporation authorized to sign contract on its behalf or a member of copartnership, a Power of Attorney must be on file with the Department prior to opening bids or shall be submitted with the proposal;

otherwise, the proposal may be rejected as irregular and unauthorized.

Serv.

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Members of a joint venture may be requested to supply the Department with a copy of their joint venture agreement or each member of the joint venture may be required to sign the proposal.

2.3 PROPOSAL GUARANTY - A proposal guaranty (bid bond) is

not required except when specifically noted in the proposal section of the bid document.

When a proposal guaranty is required with a bid, it will be specifically stated in the proposal; and no proposal totaling $25,000 or more will be considered unless accompanied by one of the following forms of bidder's security:

A. a deposit of legal tender; or

B. a surety bid bond underwritten by a company licensed to issue bonds in the State of Hawaii and submitted on the standard form provided herewith; or

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

1. The bidder may use these instruments only to a maximum of one hundred thousand dollars ($100,000.00).

2. If the required security or bond amount totals over one hundred thousand dollars ($100,000.00), more than one instrument not exceeding one hundred thousand dollars ($100,000.00) each and issued by different financial institutions shall be acceptable.

3. The instrument shall be made payable at sight to the Department of Transportation, State of Hawaii.

According to Section 103D-323, HRS, the above shall be in a sum not less than five percent (5%) of the amount bid.

2.4 DELIVERY OF PROPOSALS - Each proposal shall be placed, together with the proposal guaranty when required, in an envelope and sealed and so marked as to indicate the identity of the project, the name and address of the bidder, and other required information and then delivered as indicated in the Notice to Bidders. Proposals will be received up to the time fixed in the Notice to Bidders for the opening of bids.

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2.5 WITHDRAWAL OF PROPOSALS - Any proposal may be withdrawn

at any time prior to the time fixed in the Notice to Bidders for the opening of proposals upon the filing of a written request therefore with the Department, executed by the bidder or a duly authorized representative. The withdrawal of a proposal shall not preclude a bidder from submitting a new proposal.

2.6 PUBLIC OPENING OF PROPOSALS - Proposals will be opened

and read publicly at the time and place indicated in the Notice to Bidders. Bidders or their authorized agents are invited to be present.

2.7 DISQUALIFICATION OF BIDDERS - Any of the following

reasons may be considered as being sufficient grounds for the disqualification of a bidder and the rejection of his proposal or proposals.

A. More than one proposal for the same work from an individual, firm, or corporation under the same or different name.

B. Evidence of collusion among bidders. Participants in such collusion will receive no recognition as bidders for any future work of the Department until such participant shall have been reinstated as a qualified bidder.

C. Evidence of assistance from a person who has been an employee of the agency within the preceding two years and who participated while in State office or employment in the matter with which the contract is directly concerned, pursuant to Section 84-15, H.R.S.

D. Lack of proposal guaranty.

E. Unsigned proposal or proposal not signed in ink by person or persons legally authorized to submit a proposal on behalf of the bidder.

2.8 MATERIAL GUARANTY - The bidder may be required to

furnish a complete statement of the origin, composition and manufacture of any or all materials to be used in the prosecution of the work, together with samples. Such samples may be subjected to tests to determine their quality and fitness for the work.

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3-1 Serv.

r3/1/24

SECTION 3 - AWARD AND EXECUTION OF CONTRACT

3.1 AWARD OF CONTRACT - The State reserves the right to reject any and all proposals and to waive any defects as may be deemed to be in the best interest of the public.

The award of contract, if it be awarded, shall be made within sixty (60) calendar days after the opening of bids to the lowest responsive and responsible bidder whose proposal complies with all the prescribed requirements. The Department may request the bidders to allow the Department to consider the bids for the issuance of an award beyond the sixty (60) calendar day period. Agreement to such an extension shall be made by a bidder in writing. Only bidders who have agreed to such an extension shall be eligible for the award. No response to request shall mean bidder shall no longer be eligible for award.

Requirement for award. The Bidder, as proof of compliance with the requirements of section 103D-310(c), HRS, upon award of a contract made pursuant to section 103D-302, HRS, shall provide the documents listed below. The documents shall be submitted promptly to the Department. If a valid certificate/clearance is not submitted on a timely basis upon award, the Bidder may be deemed non-responsible.

A. Tax Clearance.

Pursuant to section 103D-310(c), 103-53 and 103D- 328, HRS, the bidder shall submit a tax clearance certificate from the State of Hawaii Department of Taxation (DOTAX) and the Internal Revenue Service (IRS), subject to section 103D-328, HRS, current within six months of issuance date.

FORM A6, TAX CLEARANCE CERTIFICATE, is available at the following website:

https://tax.hawaii.gov/

To receive DOTAX Forms by fax or mail, phone (808)587-4242 or 1-800-222-3229.

The application for the Tax Clearance Certificate is the responsibility of the bidder. Bidder shall submit directly to the DOTAX or IRS. The approved certificate may then be submitted to the Department.

https://tax.hawaii.gov/

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B. Certificate of Compliance.

Pursuant to section 103D-310(c), HRS, the bidder shall submit a certificate of compliance for Hawaii Employment Security Law (Chapter 383, HRS), Workers’ Compensation Law (Chapter 386, HRS), Temporary Disability Insurance (Chapter 392, HRS), and Prepaid Health Care Act (Chapter 393, HRS), from the State of Hawaii Department of Labor and Industrial Relations (DLIR), current within six months of issuance date.

Form LIR#27, Application for Certificate of Compliance with section 3-122-112, HAR, is available at the following website:

https://labor.hawaii.gov/

Contact the DLIR Unemployment Insurance Division at

(808) 586-8926 for additional information.

Inquiries regarding the status of a LIR#27 Form are available from the DLIR Disability Compensation Division at (808)586-9200.

The application for the Certificate of Compliance is the responsibility of the bidder. Bidder shall submit directly to the DLIR. The approved certificate may then be submitted to the Department.

C. Certificate of Good Standing.

Pursuant to section 103D-310(c), HRS, the bidder shall submit a certificate of good standing from the business registration division (BREG) of the State of Hawaii Department of Commerce and Consumer Affairs (DCCA), current within six months of issuance date, to demonstrate it is either:

(1) incorporated or organized under the laws of the State; or

(2) registered to do business in the State as a separate branch or division that is capable of fully performing under the contract.

A Hawaii business that is a sole proprietorship, is not required to register with the BREG, and therefore not required to submit a certificate of good standing. Bidders are advised of costs associated https://labor.hawaii.gov/

3-3 r3/1/24 with registering and obtaining a Certificate of Good Standing from the DCCA.

To purchase a Certificate of Good Standing, go to On-Line Services at the following website:

https://cca.hawaii.gov/

The application for the Certificate of Good Standing is the responsibility of the bidder.

Bidder shall submit directly to the DCCA. The approved certificate may then be submitted to the Department.

D. IN LIEU OF the certificates referenced in subsection A, B, and C, bidder may make available proof of compliance through a state procurement office designated certification process.

3.2 CANCELLATION OF AWARD - The State reserves the right to

cancel the award of any contract any time before the execution of said contract by all parties without any liability to the successful bidder or any other bidder.

3.3 RETURN OF PROPOSAL GUARANTY - All proposal guaranties, except those of the lowest two (2) bidders, will be returned immediately following the opening and checking of the proposals.

The retained proposal guaranty of the second lowest bidder, if not a bid bond, will be returned within ten (10) calendar days following execution of contract by the successful bidder. The successful bidder's proposal guaranty, if not a bid bond, will be returned after a satisfactory contract bond has been furnished and the contract has been executed.

3.4 REQUIREMENT OF CONTRACT BOND - Only when required by

the proposal, the successful bidder at the time of the execution of the contract shall file good and sufficient performance and payment bonds on the forms furnished by the Department, or a facsimile thereof, conditioned for the full and faithful performance of the contract in accordance with the terms and intent thereof and also for the prompt payment to all others for all labor and materials furnished by them to it and use in the prosecution of the work provided for in such contract, in the manner, form and amount required by Section 3-122-224(b)(2), H.A.R., which bonds shall be in an amount equal to fifty per cent (50%) of the contract price, including amounts estimated to be required for extra work, or in the case of price-term, open-end, or requirements contract under which the total amount to be paid to the Contractor cannot be accurately estimated at the time the contract is to be awarded, the bond amounts shall be as designated in the bid documents. Such bonds shall also by https://cca.hawaii.gov/

3-4 r3/1/24 their terms inure to the benefit of any and all persons entitled to file claims for labor performed or materials furnished in the work so as to give them a right of action as contemplated by Section 103D-324, H.R.S.

The bidder shall limit the acceptable performance and payment bonds to the following:

(a) Legal tender; or

(b) Surety bond underwritten by a company licensed to issue bonds in the State of Hawaii; or

(c) A certificate of deposit; share certificate,;

cashier's check; treasurer's check; teller's check drawn by or a certified check accepted by and payable on demand to the State by a bank, savings institution or credit union insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA).

1. The bidder may use these instruments only to a maximum of one hundred thousand dollars ($100,000.00).

2. If the required security or bond amount totals over one hundred thousand dollars ($100,000.00) more than one instrument not exceeding one hundred thousand dollars ($100,000.00) each and issued by different financial institutions shall be acceptable.

3.5 EXECUTION OF CONTRACT - The contract and the

“Certificate for Performance of Services”, similar to a copy of the same annexed hereto, shall be executed by the successful bidder and returned, together with the contract bonds, when required, within ten (10) days after the award of the contract or within such further time as the Director may allow after the bidder has received the contract for execution.

Pursuant to Section 103D-309, H.R.S., the contract shall not bind the State in any way unless said contract has been fully and properly executed by all the parties thereto and the Comptroller has endorsed thereon a certificate that there is available an unexpended appropriation over and above all outstanding contracts, sufficient to cover the amount required by the contract.

3.6 FAILURE TO EXECUTE CONTRACT - Failure to execute the

contract, Certificate for Performance of Services and file acceptable bonds, when required, within ten (10) days after

3-5 r3/1/24 the award of the contract, or within such further time as the Director may allow, shall be cause for the cancellation of the award and the forfeiture of the proposal guaranty.

Award of the contract may then be made to the next lowest responsible bidder.

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SECTION 4 - SCOPE OF WORK

4.1 WORK TO BE DONE - The work to be done is described in

the Section(s) following Section 9 of these specifications.

4.2 PERFORMANCE OF WORK - The Contractor shall employ, so

far as possible, such methods and means in carrying out his work so as not to cause any interruption, disturbance, or interference with the public.

In case the Contractor is performing work in a building, the Contractor shall conduct the work in such a manner so as not to cause any interruption, disturbance, or interference with the business activities of the tenants in the building.

4.3 EXTRA WORK - New and unforeseen items of work will be

classed as extra work when they cannot be covered by any of the various items for which there is a bid price.

4.4 CHANGES AND CLAIMS FOR ADJUSTMENT

A. Change order. By a written order, at any time, and without notice to any surety, the procurement officer may, subject to all appropriate adjustments, make changes within the general scope of this contract in any one or more of the following:

1. Drawings, designs, or specifications, if the goods to be furnished are to be specially manufactured for the State in accordance therewith;

2. Method of shipment or packing;

3. Place of delivery;

4. Changes in the work within the scope of the contract; or

5. Changes in the time of performance of the contract that do not alter the scope of work.

B. Adjustments of price or time for performance. If any change order increases or decreases the contractor's cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, an adjustment shall be made and the contract modified in writing accordingly. Any adjustment in contract price made pursuant to this clause shall be determined in accordance with the price adjustment clause of this contract. Failure of the parties to agree to an adjustment shall not excuse the contractor from proceeding with the contract as changed, provided that the procurement officer promptly and duly make the provisional adjustments in payment or time for performance as may be reasonable. By proceeding with the work, the contractor shall not be deemed to have

4-2 1/22/04 prejudiced any claim for additional compensation, or an extension of time for completion.

C. Time period for claim. Within thirty (30) days after receipt of a written change order under subsection

(a) unless the period is extended by the procurement officer in writing, the contractor shall file notice of intent to assert a claim for an adjustment. Later notification shall not bar the contractor's claim unless the State or county is prejudiced by the delay in notification.

D. Claim barred after final payment. No claim by the contractor for an adjustment hereunder shall be allowed if notice is not given prior to final payment under this contract.

E. Other claims not barred. In the absence of a change order, nothing in this clause shall be deemed to restrict the contractor's right to pursue a claim as under the contract or for breach of contract.

4.5 PRICE ADJUSTMENT

Any adjustment in contract price pursuant to a clause in this contract shall be made in one or more of the following ways:

A. By agreement on a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable;

B. By unit prices specified in the contract or subsequently agreed upon;

C. By the costs attributable to the event or situation covered by the clause, plus appropriate profit or fee, all as specified in the contract or subsequently agreed upon;

D. In such other manner as the parties may mutually agree; or

E. In the absence of agreement between the parties, by a unilateral determination by the procurement officer of the costs attributable to the event or situation covered by the clause, plus appropriate profit or fee, all as computed by the procurement officer in accordance with generally accepted accounting principles and applicable sections of chapters 3-123 and 3-126 of the Hawaii Administrative Rules.

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4.6 VARIATION IN QUANTITY

Upon agreement of the parties, the quantity of goods or services or both specified in this contract may be increased by a maximum of ten (10) percent provided…