STATE OF HAWAII

DEPARTMENT OF TRANSPORTATION

HIGHWAYS

HONOLULU, HAWAII

SPECIAL PROVISIONS, SPECIFICATIONS, PROPOSAL

AND CONTRACT

FOR

MAINTENANCE OF LANDSCAPED AREAS

MAINTENANCE AND INSPECTION OF IRRIGATION SYSTEM

H-3 FREEWAY

HOSPITAL ROCK TO HALEKOU INTERCHANGE

DISTRICT OF KOOLAUPOKO

ISLAND OF OAHU

PROJECT NO. H3(FGH)-01-26C

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NOTICE TO BIDDERS

Hawaii Revised Statutes (HRS), Chapter 103D

The receiving of bids for MAINTENANCE OF LANDSCAPED AREAS AND

MAINTENANCE, REPAIR AND INSPECTION OF IRRIGATION SYSTEM,

H-3 FREEWAY, HOSPITAL ROCK TO HALEKOU INTERCHANGE, DISTRICT OF

KOOLAUPOKO, ISLAND OF OAHU, PROJECT NO. H3(FGH)-01-26C, 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 September 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 furnishing all labor, materials, tools and equipment necessary for the maintenance of certain designated landscaped areas, including applicable planter boxes within the highway right-of-way and maintenance, repair and inspection of irrigation system, at the locations specified in the bid document.

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

Contractor’s “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 August 10, 2026, at 2:00 p.m., HST. RFI questions received after the 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

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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 Arron Pacheco, Contract Engineer by phone at

(808) 587-2189, or by email at arron.ak.pacheco@hawaii.gov.

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.

ROBIN K. SHISHIDO

Deputy Director of Transportation for Highways

HIePRO RELEASE DATE: July 28, 2026

H3(FGH)-01-26C

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TABLE OF CONTENTS

Page No.

Special Provisions………….…………………………………………................................ SP-1 - SP-9

Specifications

Section 1 Definition and 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 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 Maintenance of Landscaped Areas ……...…………………... 10-1 - 10-19

Appendices

Appendix A Tree Planting and Shrub Planting Details.......................................A-1

Appendix B Invasive Plant Removal...................................................................B-1

Appendix C Maintenance of Landscaped Areas - Task and Frequency Matrix...............................................................................................C-1

Appendix D HDOT Highways - Landscape Contractor Litter Collection

Log....................................................................................................D-1

Appendix E Trouble Call / Equipment Service Maintenance Report...................E-1

Appendix F Location Plan....................................................................................F-1

Appendix F1 Irrigation Reference……….……………………...……….F1-1 – F1-5

Appendix G Landscape Maintenance Contractor Performance Rating

Checklist…………………………………………………………...G-1

Appendix H Monthly Review – Landscape Service

Contracts…….……………………………………………………..H-1

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Appendix I Sample Monthly Invoice………...………………………..………….I-1

Appendix J Sample - Certified Payroll Report…………………..………………………………………………J-1

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

Proposal Schedule……………………………………...…………………………... PF-6 - PF-9

Forms

Contract……………………………………………………….……......…………. KF-1 - KF-3

Certificate for Performance of Services

SPECIAL PROVISIONS

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04/24/2026

SPECIAL PROVISIONS

The Specifications contained herein are amended as follows:

(A) SECTION 1 – DEFINITIONS AND TERMS shall be amended by adding the following:

1. 1.33 SUBCONTRACTOR is amended by deleting it and 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 Statues, as amended, which enters into an agreement with the Contractor to perform a portion of the work.”

2. 1.38 WORKING DAY shall be amended in its entirety to read as follows:

"1.38 WORKING DAY – Every day, except Saturdays, Sundays, and State holidays, as applicable and as observed.

Normal State holidays are as follows:

New Year's Day (The first day in January) Dr. Martin Luther King, Jr. Day (The third Monday in January) President's Day (The third Monday in February) Prince Jonah Kuhio Kalanianaole Day (The twenty-sixth day in March) Good Friday (The Friday preceding Easter Sunday) Memorial Day (The last Monday in May) King Kamehameha Day (The eleventh day in June) Independence Day (The fourth day in July) Statehood Day (The third Friday in August) Labor Day (The first Monday in September) General Election Day (The first Tuesday in November following the first Monday of even-numbered years) Veterans Day (The eleventh day in November) Thanksgiving Day (The fourth Thursday in November) Christmas Day (The twenty-fifth day in December)

State Holiday schedules can be obtained online at:

http://dhrd.hawaii.gov/state-observed-holidays/”

3. Add the following new definitions:

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

http://dhrd.hawaii.gov/state-observed-holidays/

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04/24/2026

1.40 ENGINEER – The respective District Engineer, acting directly or through his duly authorized representatives, who are responsible for engineering supervision of construction and other highway matters.

1.41 STANDARD SPECIFICATIONS – The Hawaii Standard Specifications for Road and Bridge Construction, 2005, Highways, Department of Transportation, including any amendments. To review the Standard Specifications, log on to:

http://hidot.hawaii.gov/highways/s2005-standard-specifications/ to review the 2005 Standard Specifications and their applicable amendments/Special Provisions.

The Contractor shall utilize the latest revision.

1.42 STANDARD PLANS – The Standard Plans, 2008, issued by the State of Hawaii Department of Transportation Highways’ Design Branch as amended, revised, or updated.

The Standard Plans are available from the Department of Transportation, Highways.

For more information, log on to:

https://hidot.hawaii.gov/highways/s2005-standard-specifications/

The Contractor shall utilize the latest revision.

1.43 MUTCD – The Manual on Uniform Traffic Control Devices, 2023, Federal Highway Administration, U.S. Department of Transportation, including any amendments or revisions. To review the MUTCD, log on to:

https://mutcd.fhwa.dot.gov/kno_11th_Edition.htm

The Contractor shall utilize the latest revision.

1.44 HMSLM – The Hawaii Department of Transportation (HDOT) Highway Manual for Sustainable Landscape Maintenance, 2011, Highways, Hawaii Department of Transportation, including any amendments or revisions. To review the HMSLM, log on to:

http://hidot.hawaii.gov/highways/landscape-architecture-program/

The Contractor shall utilize the latest revision.

1.45 OSHA – Occupational Safety and Health Administration/Act, U.S. Department of Labor, as amended, revised, or updated, applies to these Specifications. To review the OSHA, log on to:

https://www.osha.gov/ http://hidot.hawaii.gov/highways/s2005-standard-specifications/ https://hidot.hawaii.gov/highways/s2005-standard-specifications/ https://mutcd.fhwa.dot.gov/kno_11th_Edition.htm http://hidot.hawaii.gov/highways/landscape-architecture-program/ https://www.osha.gov/

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04/24/2026

The Contractor shall use the latest revision.”

(B) SECTION 2 – PROPOSAL REQUIREMENTS AND CONDITIONS

2.3 PROPOSAL GUARANTY is deleted in its entirety.

1. 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 specifications document and the HIePRO solicitation, the specifications shall govern and control, unless otherwise specified.”

2. 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.”

3. 2.6 PUBLIC OPENING OF PROPOSALS is not applicable.

4. Add the following new subsection:

“2.9 CERTIFICATE FOR PERFORMANCE OF SERVICES - Pursuant to Section 103- 55, Hawaii Revised Statutes, and unless indicated otherwise, each bidder should submit the “Certificate for Performance of Services” in the event bids are more than $25,000.

The notarized certificate must be submitted to the Contracts Office, Department of Transportation, 869 Punchbowl Street, Honolulu, Hawaii 96813, before entering a contract to perform services. This form is available in the Forms section.

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04/24/2026

As of July 1, 2026 salaries of State employees performing work similar to the work called for under this contract are as follows:

Class Title Bargaining Unit

Salary Schedule Grade Minimum

Hourly Pay Rate General Laborer I BU-01 BC-02 $ 26.16

General Laborer II BU-01 BC-03 $ 26.90

Equipment Operator I BU-01 BC-04 $27.98

Equipment Operator II BU-01 BC-06 $ 30.27

Tree Trimmer-Truck Driver BU-01 BC-05 $ 29.09

Truck Driver BU-01 BC-06 $ 30.27

Tree Trimmer BU-01 BC-07 $ 31.47

The above information is provided to the bidder 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 to personnel when work is done on this project. Information on the status of Bargaining Unit (BU) contracts can be obtained from the State Department of Transportation, Highways, Personnel Management office (808-587-2229) or online at http://dhrd.hawaii.gov/state-hr-professionals/class-and-comp/

Bidders are further advised that they are not restricted to hiring 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, as may be according to the bidder’s common hiring practice.

However, the principal duties of employees other than those listed herein above working on the project will be matched against those of State workers to determine the closest equivalent State employee classification, and the bidder must compensate such employee(s) at a rate that is no less than that of the equivalent State employee.”

http://dhrd.hawaii.gov/state-hr-professionals/class-and-comp/

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(C) SECTION 4 – SCOPE OF WORK is amended as follows:

1. 4.2 PERFORMANCE OF WORK is amended by adding the following paragraphs to the end of the subsection:

"The Contractor shall perform work satisfactorily in the judgment of the Engineer during the contract period. If it appears at any time that the work contracted to be performed is not satisfactory, the Engineer may require the Contractor to furnish and place in operation such additional force and equipment as the Director shall deem necessary to bring the work up to satisfactory status.

In case the Contractor fails to comply after ten (10) working days from the date of receipt of such a written order from the Engineer, the Engineer may employ a working force and equipment and charge the Contractor for the reasonable cost thereof, including depreciation for equipment and or may terminate the contract."

(D) SECTION 5 – CONTROL OF WORK is amended as follows:

1. 5.3 COOPERATION OF CONTRACTOR AND DIRECTOR is replaced with the following:

“5.3 COOPERATION OF CONTRACTOR AND ENGINEER -The Contractor shall have a copy of the specifications, special provisions, and plans available at the work site at all times. The Contractor shall give constant attention to the work to facilitate its progress and shall cooperate with the Engineer in every way possible.

Before starting work on the project, the Contractor shall designate in writing an Authorized Representative who shall have complete authority to represent and act for the Contractor. The Contractor shall furnish the State with a telephone number and email address where they can be reached by voice or text.

The Contractor or Authorized Representative shall return phone calls or texts from the Engineer within one (1) hour of receipt. All email from the Engineer shall be returned within three (3) hours of receipt of the electronic mail.”

2. 5.4 INSPECTION is amended by adding the following paragraphs to the end of the subsection:

“The Director reserves the right to have all work as specified by the contract documents to be inspected by a State Inspector or by a State-Contractor/Consultant-provided inspector.

The Contractor shall maintain all books, documents, papers, records, and other evidence pertaining to payroll: employee’s name, employee’s correct classification, SP-6

04/24/2026 wage rates, daily and weekly hours worked, deductions made, and actual wages paid.

The Contractor shall make such materials and information available at their respective offices at all reasonable times during the contract period and for three (3) years from the date of final payment under the contract for inspection by the State.

Failure to comply with the conditions of this Section during the contract period may result in cancellation of the contract.”

(E) SECTION 6 – CONTROL OF MATERIAL AND EQUIPMENT 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.”

(F) SECTION 7 – LEGAL RELATIONS AND RESPONSIBILITY is amended as follows:

1. 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, Hawaii Revised Statutes, 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.

Additional information on the requirements of Section 103.55, Hawaii Revised Statutes, may be obtained at:

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04/24/2026 https://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046- 0115/HRS0103/HRS_0103-0055.htm.

The Contractor shall be required to comply with the laws of the U.S. Citizenship and Immigration Services (USCIS). The Department reserves the right to periodically check the employable status of persons listed on the certified payroll certificates.

Any person who is found to be an illegal alien (undocumented alien) under the laws of the USCIS shall be immediately dismissed from the project and not be rehired until they are properly cleared.”

2. Add the following new subsection:

“7.10 PUBLIC CONVENIENCE AND SAFETY

The Contractor shall always conduct their operations with due regard to the convenience and safety of the public. The protection of persons and property shall be provided by the Contractor.

All work under this contract shall be in compliance with Subsection 107.11, Safety:

Accident Prevention and 107.12, Protection of Persons and Property of the Standard Specifications.

The Contractor shall take all necessary precautions to protect all personnel from hazards and injuries. The rules and regulations promulgated by the U.S. Department of Labor Occupational Safety and Health Acts (OSHA), the Hawaii Department of Labor and Industrial Relations (DLIR), the Hawaii Occupational Safety and Health Division (HIOSH), and any other applicable federal, state, and local rules and regulations are not included herein, but are applicable and made part of these specifications.”

(G) SECTION 8 – PROSECUTION AND PROGRESS is amended as follows:

1. 8.2 SUBCONTRACTING shall be amended by replacing the first paragraph with the following paragraphs:

“The Contractor shall give his personal attention to the fulfillment of the contract and shall always keep the work under his control.

The scope and nature of work required under this contract are such that any licensed Landscape Contractor “C-27” should be able to do the work required without subcontracting any of it to others.

Any work, which falls outside of the authorized work of the C-27 license or work that requires specific training and certification, may be subcontracted only upon approval of the Director or the Contractor may employ these personnel that requires specific training and certification as part of his or her staff. The Director’s decision https://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0103/HRS_0103-0055.htm https://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0103/HRS_0103-0055.htm

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04/24/2026 shall be final. Payment of all costs for such subcontractor work shall be according to prices or arrangements agreed upon prior to authorization of such work in writing.”

2. 8.6 LIQUIDATED DAMAGES is amended by adding the following paragraphs to the end of the subsection:

“The Contractor shall be charged the following liquidated damages:

A. For failure to provide satisfactory and timely landscape maintenance and inspection service in accordance with the specifications as determined by the Director, liquidated damages shall be assessed to the Contractor for each and every calendar day at the rate of five percent (5%) of the unit price of the maintenance service items.

B. The Contractor shall be responsible for repair or replacement of any damage to State owned property, including plants and irrigation equipment. If the Contractor fails to repair or replace the damaged item(s), at the Contractor’s expense, the State will deduct from the progress payment the fair market value of the item(s) in its condition prior to the damage.”

(H) SECTION 9 – PAYMENT is amended as follows:

1. 9.2 RETAINAGE/DEDUCTION FROM PAYMENT - is amended by replacing the third paragraph:

"Retainage is deducted monthly starting on the first invoice of the applicable term and if contract performance is satisfactory, deduction will end after six months. The Contractor has two options to be paid the retainage amount:

i. Submit the total retainage invoice at the end of the first term. Repeat the whole process of deducting retainage and submitting total retainage for payment for each contract term, or

ii. Submit the total retainage invoice held during the first term at the end of the final term, as applicable (when contract is not renewed, etc.).

2. 9.4 PROGRESS PAYMENTS is amended by replacing the entire subsection with:

"The Contractor shall bill the State monthly. All monthly payments are approximate only and shall be subject to correction at any time before or in the final estimate and payment.

To expedite the processing of all payments for services rendered, the Contractor shall forward copies of the invoice electronically or hardcopy, as specified, to the following address:

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Each invoice shall include but not be limited to the following information:

a. Contractor's name, address, phone number, and email address

b. Project title, project number, and contract number.

c. Bid item number, description of services, periods of service performed, quantity, unit price, amount, subtotal, and total

d. Deductions, as applicable, such as retainage withheld, and liquidated damages incurred

e. Certification by the Contractor that services requested under the contract have been performed

Department of Transportation – Highways c/o District Engineer – Oaho District 727 Kakoi Street Honolulu, Hawaii 96819

SPECIFICATIONS

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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.

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.

SECTION 7 - LEGAL RELATIONS AND RESPONSIBILITY

7.1 LAWS TO BE OBSERVED - The Contractor shall comply with

all federal, state, city and county laws, ordinances, rules and regulations which in any manner affect those engaged or employed in the work, the materials used in the work, and the conduct of the work. Any reference to such laws, ordinances, rules and regulations shall include any amendments thereto effective as of the date of the call for sealed proposals.

The Contractor shall hold harmless, indemnify, defend and where appropriate, insure the State, its officers, agents and employees against any claim or liability arising from or based on the violation of any such laws, ordinances, rules or regulations. If any discrepancy or inconsistency is discovered in the contract for the work in relation to any law, ordinance, rule, regulation, order or decree, the Contractor shall forthwith report the same to the Director in writing.

7.2 PERMITS AND LICENSES - The Contractor shall procure all

permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work.

7.3 PATENTS - The Contractor shall assume all costs arising

from the use of patented materials, equipment, devices, or processes used on or incorporated in the work, and shall hold harmless, indemnify, defend and where appropriate, insure the State, its officers, agents and employees from all suits at law or actions of every nature, for or on account of the use of any patented materials, equipment, devices or processes.

7.4 RESPONSIBILITY FOR INJURY AND DAMAGE - The State, its

officers, agents and employees shall not be held accountable in any manner for any loss or damage to the work or any part thereof, or for any of the materials and equipment used or employed in performing the work, or for any injury to any person or persons either workers or the public, or for any damage to property caused by the Contractor or its workers or any one employed by the Contractor. The Contractor shall be responsible for any liability imposed by law for any injury to any person or any damage to property resulting from defects or obstructions or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance. The acceptance of the completed work of the Contractor by the Director shall not relieve the Contractor from any liability which may have accrued or may accrue as a result of the performance of the work by the Contractor. The Contractor shall hold harmless, indemnify, defend and where appropriate, insure the State, its officers, agents and employees, from all suits or actions of every name, kind and description, brought for or on account of

Serv. only

7-1 r3/03/14 any injuries or damages sustained by any persons or property caused by the Contractor, its servants or agents, or by or on account of any act or omission of the Contractor or its servants or agents, regardless of whether such actions or any claim is brought against them or any one of them before or after the final acceptance of the work. In addition to any remedy authorized by law, the State may withhold payment of any money due to Contractor as shall be reasonable until disposition has been made of any suits or claims for injuries or damages.

It is not the intention of the parties to this contract to make the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party hereto to maintain a suit for personal injuries or property damage based on a contract theory of liability. In any event, the Contractor shall hold harmless, indemnify, defend and where appropriate, insure the State from suits and claims for personal injuries or property damage where such injuries or damage are caused by the negligent acts or omissions of the Contractor, its agents or employees.

7.5 COOPERATION BETWEEN CONTRACTORS - Where two or more

Contractors are employed on related or adjacent work, each shall conduct its operations in such a manner as not to cause any unnecessary delay or hindrance to the other.

7.6 CONTRACTOR'S RESPONSIBILITY FOR WORK - Until the

acceptance of the contract, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all damages to any portion of the work occasioned by any of the above causes before its completion and acceptance and shall bear the expenses thereof.

7.7 NO PERSONAL LIABILITY - Neither the Director nor any

other officer or authorized employee of the Department shall be personally responsible for any liability arising under the contract.

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7.8 LABOR AND COMPENSATION REQUIREMENTS - Wages paid each

laborer employed by the Contractor or any subcontractor shall not be less than the prevailing minimum wage rate prescribed by law.

Every laborer employed by the Contractor or any subcontractor whose rate of compensation is Five Dollars ($5.00) or less per day shall be paid his wages weekly pursuant to Section 103-54, H.R.S.

The Contractor's attention is directed to Chapter 377, H.R.S., Hawaii Employment Relations Act; Chapter 378, H.R.S., Employment Practices; Chapter 383, H.R.S., Hawaii Employment Security Law; Chapter 386, H.R.S., Workers’ Compensation Law;

Chapter 387, H.R.S., Wage and Hour Law; Chapter 392, H.R.S., Temporary Disability Insurance; Chapter 393, H.R.S., Prepared Health Care Act; Chapter 396, H.R.S., Occupational Safety and Health; and Section 103-55, H.R.S., Wages, Hours, Working Conditions of Employees of Contractor's Supplying Services.

7.9 INSURANCE - Prior to commencing with the work, the

Contractor shall, at its own expense, obtain and submit to the Department, Certificate of Insurance from an insurance company authorized by the laws of the State to issue such insurance in the State of Hawaii showing full policy coverage of the Contractor.

TYPES OF INSURANCE:

A. Workers’ Compensation:

The Contractor shall obtain worker’s compensation insurance for all persons whom they employ in carrying out the work under this contract. This insurance shall be in strict conformity with the requirements of the most current and applicable State of Hawaii Worker’s Compensation Insurance laws in effect on the date of the execution of this contract and as modified during the duration of the contract. The minimum limit of liability for workers compensation is the HRS 386 statutory limit.

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 than $1,000,000 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

7-3 r3/03/14 policies.

C. Commercial General Liability:

The Contractor shall obtain General Liability insurance with a limit of not less than $1,000,000 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 or with a combination of primary and excess policies.

All policies must provide that 30 days prior written notice of cancellation or material change in coverage be given to certificate holders stated above.

Such insurance when accepted by the Director in writing shall become applicable and shall remain unmodified throughout the entire term of the contract and in no event shall be terminated or otherwise allowed to lapse prior to written certification of final acceptance of the work by the State. Such insurance aforementioned shall cover the State for all work performed under the contract, all work performed incidental thereto or directly or indirectly connected therewith, including other work performed outside of the work area, and all change orders.

Any delay in the submission and approval of insurance certificates shall not be justification of or grounds for a request by the Contractor postponing the issuance of a notice to proceed notwithstanding the fact that the Contractor shall not be allowed to proceed with the work until said certificates are submitted and approved.

Failure to obtain insurance in accordance with the Section, on the part of the Contractor, shall be considered a major breach of the contract; and should the State be forced to expend funds which would have been covered under the insurance, the Contractor agrees to assume the liability for such funds and to indemnify and hold the State harmless.

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SECTION 9 – PAYMENT

9.1 SCOPE OF PAYMENT - The Contractor's bid price shall be

inclusive of all costs, direct or indirect, including all taxes, required for the fulfillment of the contract.

Contract payments to the Contractor by the State shall be full payment for the furnishing of all labor, tools, equipment, and other incidentals, including all taxes, necessary for performing all work and services contemplated and embraced under the contract.

9.2 RETAINAGE/DEDUCTION FROM PAYMENT - The Director may at any time retain or deduct out of any sums due the Contractor to cover claims of the State against the Contractor, or such sums sufficient to cover any unpaid claims of others supported by sworn statements filed in the office of the Director, without any liability for damages, interest or otherwise to the Contractor for such retention or deduction.

Provided the work of the Contractor is progressing satisfactorily in the judgment of the Director and in accordance with the provisions of this contract, monthly payments, less five percent (5%), will be made to the Contractor. The amount of such monthly payments shall be determined by the Director based on the Director's estimate of the items of work performed and materials incorporated in the work and the value therefor at the unit prices or lump sum prices set forth in the contract. All monthly payments shall be subject to correction at any time prior to or in the final payment.

At any time after fifty per cent (50%) of the work has been completed, if the State determines that the work contracted to be performed is progressing satisfactorily, the State may make any of the remaining monthly payments in full.

If the Director finds that unsatisfactory progress is being made, the State may, from the beginning of such unsatisfactory progress, withhold any amount up to five percent (5%) of any subsequent monthly payment.

9.3 ASSIGNMENT OF PAYMENTS - All monies payable under the contract, or any part thereof, shall be paid to the Contractor in accordance with the provisions of this Section and no assignment or order executed by the Contractor directing payment of any portion or all of such funds to any other person or persons shall be recognized by the State unless such assignment or order specifies the amounts to be so paid and the purposes for which the assignment or order is given. Such assignment or order shall have attached thereto, by endorsement or otherwise, the consent of the surety, when

9-2 r12/12/25 applicable. No such assignment or order shall be binding on the State.

Any assignment of money shall, however, be subject to all proper set-offs in favor of the State, to all deductions provided for in the contract and to all liens and rights conferred by law on the State. All money withheld, whether assigned or not, shall be subject to being used by the State for the completion of the work in the event of the Contractor's default.

9.4 PROGRESS PAYMENTS – Payments under this contract shall be made only upon submission by the Contractor of an original invoice and 2 copies. The invoice shall specify the amount due less retainage and shall also certify that services requested under the contract have been performed by the Contractor according to the contract.

9.5 FINAL PAYMENT – Final payment will only be made after the Contractor receives final acceptance by the Director as provided in Section 8.8, and until the Contractor has filed with the Department the following:

A. Consent of the surety, when applicable, to payment of the final estimate;

B. Satisfactory evidence by affidavit that all debts resulting from the contract have been fully paid or satisfactorily secured;

C. A current “Certificate of Vendor Compliance” issued by the Hawaii Compliance Express (HCE). The Certificate of Vendor Compliance is used to certify the Contractor’s compliance with

(a) Section 103D-328, HRS (for all contracts $25,000 or more) which requires a current tax clearance certificate issued by the Hawaii State Department of Taxation and the Internal Revenue Service; (b) Chapters 383, 386, 392, and 393, HRS; and

(c) Subsection 103D-310(c), HRS. The State reserves the right to verify that compliance is current prior to the issuance of final payment. Contractors are advised that non-compliance status will result in final payment being withheld until compliance is attained.

The filing of willfully false affidavits will disqualify the Contractor from bidding on future work of the Department.

H3(FGH)-01-26C 04/24/2026

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SECTION 10 - MAINTENANCE OF LANDSCAPED AREAS

10.1 DESCRIPTION – The work consists of maintenance of planted areas through continued watering, weeding, fertilizing, mowing, reseeding, cultivating, spraying, mulching, trimming and care of shrubs and trees, edging, invasive plant removal and other services necessary for care and upkeep of highway plantings. This section also describes replacement of dead or damaged plants, cleaning and clearing of sidewalks, gutters, swales, and ditches within the contract limits; removal and disposal of trash and debris, and maintenance and repair of irrigation system.

A location plan is attached in the Appendices showing the area(s) for which landscaped maintenance services are to be provided. The plans are in a reduced scale. Bidders are advised not to use the graphical scale. Plans in full scale are available for review at the Oahu District office by making an appointment by calling the number as indicated in Section 10.6 Inspection of Plans and of Areas to be Maintained, of the Specifications.

10.2 COORDINATION OF WORK – All work under this contract shall be coordinated with the Engineer or a duly authorized representative.

Contact information is as follows:

Mr. Ryan A. Nakata District Engineer— Oahu District Phone: 808-831-6700 x 134 Fax: 808-831-6725 Email: ryan.a.nakata@hawaii.gov

Mr. Dean Takayama District Horticulturist – Oahu District (Authorized Representative of the DE) Phone: 808-831-6700 x 132 Fax: 808-831-6725 Email: Dean.T.Takayama@hawaii.gov

10.3 QUALIFICATION OF BIDDERS - Contractors will be asked to provide documentation of licenses, certificates and other requirements listed in the subsections below. Requested qualification documents shall be submitted to the State within seven (7) days of the request. Failure to do so may result in rejection of bid or termination of contract by the Department of Transportation.

(A) Contractor or Contractor’s Responsible Managing Employee (RME) Qualification

1. License. At the date of bidding, the Contractor shall possess a valid State of Hawaii Specialty Contractor’s C-27 Landscaping Contractor’s license. The Contractor or RME must possess the license throughout the duration of the contract and upon any extensions and shall submit documentation upon the State’s request. The Contractor’s failure to possess the license throughout the duration of the contract and upon any extensions may result in termination of the contract.

2. Work Experience. At the date of bidding, the Contractor or RME shall have a minimum of two (2) consecutive years (immediately prior to bid opening) of C-27 Landscaping Contractor’s experience in the field of landscaping services. The experience shall include a minimum of two (2) years (immediately prior to bid opening) in managing contracts similar to this project in size and scope.

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3. The State may request a list of similar projects to substantiate the Contractor’s experience. List shall contain a minimum of three (3) different landscape projects and shall include: a) Name of company that contractor worked with or is currently working with, b) point of contact, c) phone number, d) description of landscaping work performed and e) size of project (cost wise).

The list of three (3) different landscape projects shall reflect a positive performance evaluation by the respective agency.

4. The Contractor shall possess the required business and tax license to conduct business in the State of Hawaii.

5. The Contractor shall have all required equipment (E.g. handheld tools, utility trucks, mowers, etc.) necessary to perform the specified services in this document.

(B) Work…