FINAL SPECIFICATIONS w NTB HWY KM 2024 03 R.pdf

STATE OF HAWAII

DEPARTEMENT OF TRANSPORTATION

HIGHWAYS

SPECIAL PROVISIONS, SPECIFICATION, PROPOSAL,

CONTRACT, AND BOND

FOR

TREE TRIMMING AND REMOVAL

AT VARIOUS LOCATIONS ON STATE HIGHWAYS,

ISLAND OF KAUAI

PROJECT NO. HWY-KM-2024-03(R)

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NOTICE TO BIDDERS

Hawaii Revised Statutes (HRS)

Chapter 103D

The receiving of bids for TREE TRIMMING AND REMOVAL AT VARIOUS

LOCATIONS ON STATE HIGHWAYS, ISLAND OF KAUAI,

PROJECT NO. HWY-KM-2024-03(R), 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 & TIME is May 6, 2025, 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 pruning and/or removal of trees on an open end,

- basis, all in accordance with the requirements of these Specifications.

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

- Tree Trimming/Pruning and Removal or - Landscaping contractor license at the time of bidding.

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All Request for Information (RFI) questions and Substitution Requests shall be submitted in HIePRO no later than April 29, 2025, 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 T

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

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discrimination on the grounds of race, color, national origin, or sex (as directed by 23 CFR Part 200).

For additional information, contact Harry H. Takiue, Acting Construction and

Maintenance Engineering Program Manager, by phone at (808) 587-2185, by email at harry.h.takiue@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: April 22, 2025

HWY-KM-2024-03(R) 1/24/2025

TABLE OF CONTENTS

Page No.

Notice to Bidders

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

Specifications (Serv.)

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 Contact ......................................... 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 Tree Trimming and Removal at Various Locations ............ 10-1 – 10-30

Appendices

Appendix A Monthly Invoice (Sample) ................................................... A-1

Appendix B Satisfactory Evidence by Affidavit for Final Payment (Sample) ................................................. B-1

Appendix C Application & Permit for Occupancy & Use of State Highways Right-Of-Way .......................... C-1

Appendix D Proper Arboricultural Practices ............................................ D-1 – D2

Appendix E Tree Pruning Detail .............................................................. E-1

Appendix F Palm Pruning – Exhibits ...................................................... F-1 – F-4

Page No.

Appendix G Tree Trimming or removal Work Order (Sample) .............. G-1

Appendix H Graphics for Light and Heavy Tree Trimming .................... H-1

Appendix I Notice to Proceed for Miscellaneous Work (Sample) ......... I-1

Appendix J Contractor Performance Rating ........................................... J-1

Appendix K Herbicide Application Record (Sample) .............................. K-1

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

Proposal Schedule ........................................................................................ PF-6 – PF-11

Forms

Sample Contract ........................................................................................... KF-1 – KF-2

Performance Bond (Surety) ......................................................................... 1 – 2

Performance Bond ...................................................................................... PB-1 – PB-2

Certificate for Performance of Services

DEPARTMENT OF TRANSPORTATION

HIGHWAYS

HONOLULU, HAWAII

SPECIAL PROVISIONS

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SPECIAL PROVISIONS

The specifications contain herein are amended as follows:

(A) SECTION 1 – DEFINITIONS AND TERMS shall be amended as follows:

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 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, 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) Veteran’s 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 subsections:

“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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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 Division, 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.

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

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

1.44 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/

The Contractor shall use the latest revision.

1.45 DEBRIS & LITTER – Rubbish and other objects that are unsightly, glass, trash, papers, cans, bottles, cigarette butts, palm fronds and tree limbs and the like.”

http://hidot.hawaii.gov/highways/s2005-standard-specifications/ https://hidot.hawaii.gov/highways/s2005-standard-specifications/ https://mutcd.fhwa.dot.gov/previous_editions.htm https://mutcd.fhwa.dot.gov/kno_11th_Edition.htm https://www.osha.gov/laws-regs

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(B) SECTION 2 – PROPOSAL REQUIREMENTS AND CONDITIONS shall be amended as follows:

1. 2.1 QUALIFICATION OF BIDDERS is deleted in its entirety.

2. 2.3 PROPOSAL GUARANTY is deleted in its entirety.

3. 2.4 DELIVERY OF PROPOSALS shall be amended in its entirety to read as follows:

“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.”

4. 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.”

5. 2.6 PUBLIC OPENING OF PROPOSALS is not applicable.

6. 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 shall 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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Effective July 1, 2024, salaries of State employees performing work similar to the work called for under this contract are as follows:

Class Title

Bargaining Unit (BU) Salary

Schedule Grade Minimum Hourly

Pay Rate

General Laborer I BU-01 BC-02 $24.35

General Laborer II BU-01 BC-03 $25.04

General Laborer III BU-01 WS-03 $26.80

Tree Trimmer-Truck Driver BU-01 BC-05 $27.09

Tree Trimmer BU-01 BC-07 $29.30

Grounds Maintenance Supervisor I BU-02 F-103 $28.37

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 Contractor’s responsibility to verify the accuracy of the wage rates contained herein and to provide for changes in the minimum wages, which shall be paid to personnel when work is done on this project. Information on the status of Bargaining Unit (BU) contracts, salary schedules, Class Specifications and minimum qualification requirements can be obtained from the State Department of Transportation, Highways Division, Personnel Management office (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 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, as may be according to the bidder’s common hiring practice. However, the principal duties of employees other than those listed hereinabove working on the project shall be matched against those of State workers to determine the closest equivalent State employee classification, and the Contractor shall compensate such employee(s) at a rate which is no less than that of the equivalent State employee.”

(C) SECTION 3 – AWARD AND EXECUTION OF CONTRACT shall be amended as follows:

1. 3.4 REQUIREMENT OF CONTRACT BOND is amended deleting 3.4

Requirements for Contract Bonds in its entirety and replacing with the following:

“3.4 REQUIREMENT OF CONTRACT BOND – Prior to the execution of the contract, the successful bidder shall file good and sufficient performance bond on http://dhrd.hawaii.gov/state-hr-professionals/class-and-comp/

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the forms furnished by the Department. In as much as the contract to be executed is a price-term, open-end, or requirements contract under which the contract price, or total amount to be paid to the Contractor cannot be determined at the time the contract is executed, the performance bond amount required shall be as follows:

Performance Bond .................$100,000.00

The Contractor shall submit the required contract bond(s) together with the signed contract in accordance with Section 3.5 Execution of Contract.

The above amount represents the performance bond amount required for the initial term of the contract. If work orders issued during the initial contract term exceed the original bond requirements, the procurement officer shall require additional performance bonds to cover said work orders.

The performance bond amount may be reduced upon written determination by the head of the purchasing agency, if it is deemed to be in the best interest of the State.

The bidder shall limit the acceptable performance bond to the following:

(a) Legal tender; or

(b) A valid surety bond, underwritten by a company licensed to issue bonds in the State of Hawaii, and signed by both parties; 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.”

(D) SECTION 4 – SCOPE OF WORK shall be amended as follows:

1. 4.2 PERFORMANCE OF WORK shall be amended by adding the following 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

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performed is not satisfactory, the Engineer may require the Contractor to furnish and place in operation such additional force and equipment as the Engineer 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 he may terminate the contract."

2. 4.6 VARIATION IN QUANTITY shall be replaced in its entirety to read:

“4.6 CONTRACT TO BE INDEFINITE QUANTITY – The requirement for services to be furnished by the Contractor will be on an “as needed” basis as called for in these Specifications at the applicable unit bid price during the term of this contract, including any extensions, and in such numbers as may be required by the State. The quantities specified in the contract is an estimate and does not signify a minimum or maximum amount. The unit bid price indicated by the Contractor shall be applicable and binding under the terms of this contract.

Payment will be made by Purchase Order.”

(E) SECTION 5 – CONTROL OF WORK shall be amended as follows:

1. 5.3 COOPERATION OF CONTRACTOR AND STATE shall be amended by adding the following to the end of the subsection:

“Before starting work on the project, the Contractor shall designate in writing an authorized representative (i.e. superintendent) who shall have complete authority to represent and to act for the Contractor.

The Contractor shall furnish the State with a telephone number and electronic mail (email) address where they can be reached, either by voice or text, at all times. The Contractor or their designated representative shall return phone calls from the Engineer within one (1) hour of receipt of the phone call or text. All emails from the Engineer shall receive a response within three (3) hours of receipt of the email. Refer to Subsection 1.40 Engineer of the Special Provisions for the definition of Engineer.”

2. 5.4 INSPECTION shall be amended by adding the following 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

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classification, 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.”

3. 5.5 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK shall be amended by adding the following paragraphs to the end of the subsection:

“At any time during the performance of this contract, but no later than six months after the acceptance of the services or materials incorporated in accordance with the requirements of this contract, the State may require the Contractor to remedy by correction or replacement, any services or materials which have failed to comply with the requirements of this contract.”

4. Add the following new subsection:

“5.7 CONTRACTOR PERFORMANCE RATING – The Contractor shall be rated every three (3) months or more often determined by the engineer based on their performance for that period. The Contractor will be rated on sixteen (16) performance factors related to compliance with the contract specifications. Refer to Appendix J Landscape Maintenance Contractor Performance Rating.

Deduction(s) is/are made as specified in Section 10.17(C) Deductions, of the Specifications for documented rating of “Doesn’t meet specifications” to any of the task.

The Contractor shall be rated at least every three (3) months or as determined by the Engineer. The Contractor will be rated on performance factors related to compliance with the contract specifications on administrative items and performance of field activities.

The Contractor’s continuous unsatisfactory performance to meet the contract requirements shall be grounds for non-extension of the contract.”

(F) SECTION 6 – CONTROL OF MATERIAL AND EQUIPMENT is amended as follows:

1. Section 6.2 TRADE NAMES AND ALTERNATIVES shall be amended as follows:

The first paragraph of subparagraph 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

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equipment to indicate quality, style, appearance, or performance, the bidder will be assumed to have based its bid on one of the specified named products. Where such proprietary products are specified, alternate brands may be qualified if found equal or better by the Department. Requests for review and approval should be submitted at the earliest date possible. Requests shall be submitted via email to the Contact person listed in HIePRO for the solicitation and also posted as a question in HIePRO under the question/answer tab referencing the email with the request. The request must be posted in HIePRO no later than seven (7) calendar days before the bid opening date."

2. The first sentence of the second paragraph of subparagraph 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 so a determination can be made by the Department that the alternate brand is a qualified equivalent.”

(G) SECTION 7 – LEGAL RELATIONS AND RESPONSIBILITY shall be amended as follows:

1. 7.8 LABOR AND COMPENSATION REQUIREMENTS shall be 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. The Contractor shall submit certified payroll affidavits weekly in the form approved by the Department.

Additional information on the requirements of Section 103.55, H.R.S. may be obtained at:

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 he or she is properly cleared.”

2. Add the following new subsection:

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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“7.10 PUBLIC CONVENIENCE AND SAFETY

The Contractor shall always conduct maintenance 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 full compliance with Subsection 107.11, Safety: Accident Prevention and 107.12, Protection of Persons and Property of the Standard Specifications. Refer to Section 1.41 Standard Specifications, of the Special Provisions for the definition of 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.”

(H) SECTION 8 – PROSECUTION AND PROGRESS shall be 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” or “C-27b” should be able to do the work required without subcontracting any of it to others.

Any work, that falls outside of the authorized work of the C-27 or C-27b license or work that requires specific training and certification, may be subcontracted only upon approval of the Director. The Director’s decision 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. The Contractor, however, shall perform with its own organization, work amounting to not less than fifty percent (50%) of the total contract cost.”

2. 8.6 LIQUIDATED DAMAGES shall be amended by adding the following to the end of the subsection:

Liquidated Damages for Maintenance of Landscaped Areas:

"Should the Contractor fail to respond to a work order defining the work required of the Contractor, the following assessments will be made against him as liquidated damages:

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a. $100.00 for each calendar day delay beyond the work order completion date.

b. $50.00 for each calendar day for failure to commence work by the commencement work date listed on the work order.

c. $500.00 for each occurrence for failure to respond to a request for an emergency miscellaneous work at the specified response time.

d. $75.00 for each calendar day for failure to respond to a phone call, facsimile, or email regarding work requests and other contractual issues as specified in Section 5.3 Cooperation of Contractor and Director, of the Specifications.

e. $500.00 for each calendar day for failure to remove debris and/or clean up due to palm pruning /removal operations.

f. $400.00 for each calendar day for failure to have the required Arborist or Tree Workers on site during palm pruning/removal operations.

Equipment breakdowns or unavailability of an equipment, boom truck, bucket truck or equivalent, are not causes to waive liquidated damages.

The Engineer shall prepare a written report with substantiating evidence and shall notify the Contractor in writing (signed letter) on the second day beyond the specified completion date and or commencement date of the applicable Work Order."

(I) SECTION 9 – PAYMENT shall be amended as follows:

1. 9.2 RETAINAGE/DEDUCTION FROM PAYMENT shall be amended by adding the following to the end of 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:

a. 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

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

2. 9.4 PROGRESS PAYMENTS shall be amended by adding the following to the end of the subsection:

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“The Contractor shall bill the State once a month. All monthly payments are approximate only and shall be subject to correction at any time prior to 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 as specified in the Specifications, to the following address:

District Engineer – Kauai District Highways Department of Transportation 1720 Haleukana Street Lihue, Hawaii 96766

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, contract number and work order (work order only if open-ended contract).

c. Bid item number, description of services, periods covered/date of service(s) performed, quantity, unit price, amount, subtotal, and total.

d. Deductions, as applicable, shall be included in the invoices as separate subtotal(s) and labeled as either “Deductions”, “Liquidated Damages and/or “Retainage.”

i. Liquidated Damages – as specified in Section 8.6 Liquidated Damages, of the Special Provisions.

ii. Retainage as specified in Section 9.2 Retainage/Deduction from Payment, of the Special Provisions and the Specifications

iii. Certification by the Contractor that services as requested under the Contract have been performed.

Refer to the sample invoice in Appendix A – Sample Monthly Invoice.

Pursuant to Section 7.8 Labor and Compensation Requirements, of the Special Provisions, the Contractor shall submit certified copies of the payrolls with the monthly invoice within seven (7) calendar days after the end of the month. The certification shall affirm that the payrolls are correct and complete. The certificates shall be forwarded to the same address as specified above.”

DEPARTMENT OF TRANSPORTATION

SPECIFICATIONS

Mtls. & Serv.

1-1 1/22/04

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.

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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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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…