IFB J25290 HOAPILI REPLACE SECURITY ROLLUP GATE REQUIREMENTS AND SPECIFICATIONS ADA.pdf

INVITATION FOR BID (IFB)

REQUIREMENTS and SPECIFICATIONS

TO CONSTRUCT

Hoapili Hale Replace Security Roll-Up Gate Main St, Parking Garage

JUD-2C-HoapHale-P5 Main St. SectyGate-2025 (2)-013:013:020 & 021

Maui, HAWAI‘I

THE JUDICIARY

STATE OF HAWAI‘I

February 2025

SECTION 00010 - TABLE OF CONTENTS

DIVISION 0 - INTRODUCTORY, BIDDING AND CONTRACTING REQUIREMENTS

Title Page Section 00010 Table of Contents Section 00110 Notice to Bidders ................................................................... 1 - 2 Section 00210 Instructions to Bidders ........................................................... 1 - 11 Section 00411 Solicitation, Offer and Contract Form..................................... 1 - 10 Section 00700 General Conditions ............................................................... 1-121 Section 00800 Special Conditions ................................................................ 1 - 5

DIVISION 1 - GENERAL REQUIREMENTS

Section 01100 Project Requirements............................................................ 1 - 5

DIVISION 2 – NOT USED

DIVISION 3 – NOT USED

DIVISION 4 – NOT USED

DIVISION 5 – NOT USED

DIVISION 6 – NOT USED

DIVISION 7 – NOT USED

DIVISION 8 – NOT USED

DIVISION 9 – NOT USED

DIVISION 10 – NOT USED

DIVISION 11 - NOT USED

DIVISION 12 – NOT USED

DIVISION 13 - NOT USED

DIVISION 14 - NOT USED

DIVISION 15 - NOT USED

DIVISION 16 - NOT USED

Section 00010 Table of Contents JUD-2C-HoapHale-P5 Main St. SectyGate-2025 00010-1

NOTICE TO BIDDERS

SEALED BIDS (Chapter 103D, HRS) For:

HOAPILI HALE

JUD-2C-HoapHale-P5 Main St. SectyGate-2025

Will be received through the electronic procurement website, HIePRO. The solicitation documents, including the Solicitation, Offer and Contract Forms, drawings and specifications may be obtained at the aforesaid place in electronic format. Prospective bidders are responsible to download and maintain complete bid documents in the HIePRO system.

Submit the Competitive SOLICITATION, OFFER AND CONTRACT FORM up to 12:00 PM, March 25, 2025.

At that time, bids will be publicly opened. Bids received after the due time and date will not be considered.

The work generally consists of replacing the existing security roll-up gate, tracks, controller, hood, sensors and motor located on parking level P5 (Main Street side) of the parking garage.

Bid to Include a 5 year service/maintenance contract and 5 year warranty or 500,000 cycles, whichever is sooner, on the gate and all components (grille, tracks, controller, motor, sensors, etc.) in its entirety.

The estimated construction cost is less than $140,000 USD All interested parties are invited to attend a mandatory pre-bid meeting and Judiciary-conducted site visit. No other time for a site inspection will be scheduled or allowed.

The mandatory pre-bid meeting and the accompanying Judiciary-conducted site visit will be held at: Hoapili Hale, 2145 Main Street, Room 416, Wailuku HI 96793, on February 27, 2025, at 9:00am. The site visit will immediately follow the meeting. Parking availability: Free 2 hour street parking on Wells Street, and Main Street and at the nearby Wailuku Garage (30 North Church Street) as well as metered parking at the nearby State Building (45 High Street).

Each Bidder shall bring their own flashlight and small tools that may be required to inspect the premises. Bidders and interested parties are required to sign-in and sign out at the meetings to confirm attendance. Check with Project Coordinator.

The estimated value of the public works contract is less than $250,000 and the apprenticeship agreement preference pursuant to Hawaii Revised Statutes §103-55.6 (ACT 17, SLH 2009) shall not apply.

The Hawaii products preference pursuant to ACT 175, SLH 2009 may be applicable for items of this solicitation. Persons wishing to certify and qualify a product not currently listed as a Hawaii Product shall submit a Certification for Hawaii Product Preference (form SPO-38) to: Department of Accounting and General Services, Public Works Division, 1151 Punchbowl Street, Room 426, Honolulu, Hawaii, Attn: Jolie Yee. The

Section 00110 Notice to Bidders JUD-2C-HoapHale-P5 Main St. SectyGate-2025

00110 - 1 product shall meet the specifications of this project. The submittal must be received by the Judiciary by 12:00 p.m. on March 6, 2025. View the current Hawaii Products List on the State Procurement Office (SPO) website at http://hawaii.gov/spo, click on ‘For Vendors’; and select ‘Hawaii Product Preferences’.

For each product, one form shall be completed and submitted (i.e., 3 products should have 3 separate forms completed). The form is available on the SPO webpage at http://hawaii.gov/spo under the ‘Forms’ menu; click on ‘SPO-038’ to view and complete form SPO-38 online.

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

Campaign Contributions by State and County Contractors Prohibited.

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

To be eligible to submit a Bid, the Bidder must possess a valid State of Hawai‘i Contractor’s license classification of A or B General Contractor with a C-13 Electrical and C-5a Garage door licenses or sub contract accordingly.

Refer to the GENERAL NOTICE, published with the project specifications for additional information.

RODNEY A. MAILE

ADMINISTRATIVE DIRECTOR OF THE COURTS

The Judiciary - State of Hawai‘i

GENERAL NOTICE

TAX CLEARANCE AND HAWAII BUSINESS CERTIFICATES

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

OTHER INFORMATION

Bid results and the Contract Award notice will be posted at HIePRO website: https://hiepro.ehawaii.gov/welcome.html

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

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

Section 00110 Notice to Bidders JUD-2C-HoapHale-P5 Main St. SectyGate-2025

00110 - 2

/s/ RODNEY A. MAILE http://hawaii.gov/spo http://hawaii.gov/spo https://hiepro.ehawaii.gov/welcome.html https://hiepro.ehawaii.gov/welcome.html http://hawaii.gov/spo http://hawaii.gov/spo

SECTION 00210 - INSTRUCTIONS TO BIDDERS

PART 1 - GENERAL

1.01 GENERAL

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

B. Bidders (Contractors) shall be incorporated or organized under the laws of the State or be registered to do business in the State as a separate branch or division that is capable of fully performing under the contract. The following definitions are used in the solicitation documents.

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

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

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

C. When announced by the NOTICE TO BIDDERS, all bidders who intend to submit a bid are invited to attend an initial pre-bid meeting and the accompanying site visit(s). Other interested parties may attend the initial pre-bid meeting and the accompanying site visit(s). For other site visits not conducted by the Department, bidders shall contact and make arrangements with the Project Contact Person listed in SECTION 00800 - SPECIAL CONDITIONS of these specifications.

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

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

Bidders are also directed to SECTION 00700 - GENERAL CONDITIONS and SECTION 00800 - SPECIAL CONDITIONS of these specifications for definitions and modifications to the GENERAL CONDITIONS.

1.02 OFFEROR(S) or BIDDER(S)

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

00210 and other solicitation documents.

00210 v18.08 Instructions to Bidders

00210 - 1

1.03 PRE-BID MEETING AND SITE VISIT(S)

A. General

1. The attendance of the pre-bid meeting/site visit is mandatory.

2. Failure to attend the pre-bid meeting and site visit(s) for a project DOES NOT absolve the bidder from its responsibilities under section 2.4.1 of the Interim General Conditions.

3. Verbal responses and discussions may occur during the course of the pre-bid meeting or site visit and shall not be considered to alter any information in the solicitation documents (see Section 2.5.1 of the Interim General Conditions).

B. Mandatory Pre-bid Meetings and Site Visits

1. The Project Coordinator may require all prospective bidder/offerors to attend a mandatory Pre-bid Meeting(s) and Site Visit(s).

2. All bidders/offerors will be required to sign the attendance sheet.

3. Failure to attend mandatory pre-bid meetings and site visits, if required, will automatically be cause for rejection of the bid. .

1.04 ADDENDA AND CLARIFICATIONS

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

B. The Department will make addenda and bid clarifications available to Bidders via the Department's website and at the physical locations indicated in the Notice to Bidders for pickup of the solicitation documents. Bidders are responsible for the information contained in the addenda and bid clarifications whether or not the bidder receives the addenda or clarifications.

C. Bidders discovering an ambiguity, inconsistency, or error when examining the bid documents or the site and bidders with questions or clarification requests shall transmit said discoveries, questions, and/or requests to the Department's Contracts Engineer and shall be submitted through HIePRO.

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

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

F. Bidders shall submit all discoveries, questions, and/or requests via HIePRO by the deadline indicated in the solicitation.

G. Requests for Substitution will only be entertained prior to bid opening if Section 00800 - SPECIAL CONDITIONS indicates that substitutions before award are

00210 v18.08 Instructions to Bidders

00210 - 2 allowed for this project. If allowed, requests of this nature must be submitted before the deadline specified for this purpose in the Notice to Bidders.

1.05 SOLICITATION, OFFER AND CONTRACT FORM (BID FORM)

A. Bidder shall fill out the “Solicitation, Offer and Contract Form” completely. This includes the “Offer” portion of the form and all remaining fill-ins. Write in ink or type. Bidders must also comply with the supplemental instructions contained within the “Solicitation, Offer and Contract Form.” Do not alter the “Solicitation, Offer and Contract Form”, and maintain the form intact. When the State makes changes to the “Solicitation, Offer and Contract Form”, a completely new bid form with appropriate addendum notation will be issued. Bidders shall use the most current version. Bidders shall use their exact legal name as registered with the Department of Commerce and Consumer Affairs, if applicable; and to indicate exact legal name in the appropriate space on the Solicitation, Offer and Contract Form.

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

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

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

D. Variable Quantities Unit Prices: If applicable to this project, bidder shall include in its total lump sum (base) bid price a total cost for Variable Quantities Unit Prices (VQUP) that are described in SECTION 01270 - VARIABLE QUANTITIES UNIT PRICES. Bidder shall complete the VQUP schedule by extending costs for unit prices, subtotals and totals. The unit costs provided shall include all materials, labor, tools and equipment required to install the work complete, in addition to all charges for overhead, coordination, profit, insurance, and other incidental expenses. Bidder shall make sure to enter the variable quantities unit prices total amount in the bid form, COST, TIME AND SCHEDULE article.

E. Alternates: If applicable to this project, bidder shall include its total cost(s) in the COST, TIME AND SCHEDULE article for the alternates that are described on the drawings or in SECTION 01230 - ALTERNATES. Bidder must completely fill in the cost for each listed alternate. Where the respective alternate’s work will be performed at no cost to the State, bidder shall fill in ‘$0.00’ as the cost. If the

00210 v18.08 Instructions to Bidders

00210 - 3 cost for any alternate is left blank, the “Solicitation, Offer and Contract Form” will be rejected as an irregular bid.

1. For the purposes of evaluating the bid, the alternates are listed in the COST, TIME AND SCHEDULE article and in specification SECTION 01230 - ALTERNATES in the order of precedence from highest (listed first) to lowest for additive alternates and from lowest (listed first) to highest for deductive alternates.

2. Bidders are directed to the COST, TIME AND SCHEDULE article that lists additional or deductive consecutive calendar days that will be allowed for each accepted alternate.

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

G. Hawaii Product Preference:

1. In accordance with ACT 175, SLH 2009, the Hawaii products preference is applicable to this solicitation. Hawaii Products may be available for those items noted on the offer form.

2. The Hawaii products list is available on the SPO webpage at http://spo.hawaii.gov, click on ‘Procurement of Goods, Services, and Construction-Chapter 103D, HRS’; under ‘Procurement’ click on ‘Preferences’, ‘Hawaii Products’ and select ‘Hawaii Products List’ to view.

3. Offeror offering a Hawaii Product (HP) shall identify the HP on the solicitation offer page(s). Any person desiring a Hawaii product preference shall have the product(s) certified and qualified if not currently on the Hawaii products list, prior to the deadline for receipt of offer(s) specified in the procurement notice and solicitation. The responsibility for certification and qualification shall rest upon the person requesting the preference.

4. Persons desiring to qualify their product(s) not currently on the Hawaii product list shall complete form SPO-38, Certification for Hawaii Product Preference and submit to the Procurement Officer, and provide all additional information required by the Procurement Officer. For each product, one form shall be completed and submitted (i.e. 3 products should have 3 separate forms completed). Form SPO-38 is available on the SPO webpage at http://spo.hawaii.gov under the ‘Quicklinks’ menu; click on ‘Forms for Vendors, Contractors, and Service Providers’.

5. When a solicitation contains both HP and non-HP, then for the purpose of selecting the lowest bid or purchase price only, the price offered for a HP item shall be decreased by subtracting 10% for the class I or 15% for the class II HP items offered, respectively. The lowest total offer, taking the preference into consideration, shall be awarded the contract unless the offer provides for additional award criteria. The contract amount of any contract awarded, 00210 v18.08 Instructions to Bidders JUD-2C-HoapHale-P5 Main St. SectyGate-2025

00210 - 4 http://spo.hawaii.gov/ http://spo.hawaii.gov however, shall be the amount of the price offered, exclusive of the preferences.

6. Change in availability of Hawaii product. In the event of any change that materially alters the offeror’s ability to supply Hawaii products, the offeror shall immediately notify the procurement officer in writing and the parties shall enter into discussions for the purposes of revising the contract or terminating the contract for convenience.

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

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

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

I. Apprenticeship Agreement Preference:

1. If applicable to this project, any bidder seeking the preference must be a party to an apprenticeship agreement registered with the State Department of Labor and Industrial Relations (DLIR) at the time the bid is submitted for each apprenticeable trade the bidder will employ to construct the project. “Employ” means the employment of a person in an employer-employee relationship.

a. The apprenticeship agreement shall be registered with the DLIR and conform to the requirements of Hawaii Revised Statutes Chapter 372.

b. Subcontractors do not have to be a party to an apprenticeship agreement for the bidder to obtain the preference.

c. The bidder is not required to have apprentices in its employ at the time the bid is submitted to qualify for the preference.

2. Self Certification. A bidder seeking the preference must identify each apprenticeable trade the bidder will employ to perform the work by completing the self-certification in the solicitation, offer and contract form.

“Apprenticeable trade” shall have the same meaning as “apprenticeable occupation” pursuant to Hawaii Administrative Rules (HAR) §12-30-5.

3. The certification of bidder’s participation (Form 1)

a. The Certification of Bidder’s Participation - Form 1 shall be authorized by an apprenticeship sponsor listed on the DLIR list of registered

00210 v18.08 Instructions to Bidders

00210 - 5 apprenticeship programs. “Sponsor” means an operator of an apprenticeship program and in whose name the program is approved and registered with the DLIR pursuant to HAR §12-30-1.

b. The authorization shall be an original signature by an authorized official of the apprenticeship sponsor.

c. The completed Certification of Bidder’s Participation - Form 1 for each trade must be submitted with the bid. A facsimile or copy is acceptable to be submitted with the bid, however the signed original must be submitted within five (5) working days of the bid open date. If the signed original is not received within this timeframe, the preference may be denied.

Previous certifications shall not apply.

d. When filling out the Certification of Bidder’s Participation - Form 1, the name of Apprenticeable Trade and Apprenticeship Sponsor must be the same as recorded in the List of Construction Trades in Registered Apprenticeship Programs that is posted on the State Department of Labor and Industrial Relations website. “Registered apprenticeship program” means a construction trade program approved by and registered with the DLIR pursuant to HAR §12-30-1 and §12-30-4.

e. The Certification of Bidder’s Participation - Form 1 and the List of Construction Trades in Registered Apprenticeship Programs is available on the DLIR website at: http://labor.hawaii.gov/wdd/files/2012/12/Form-1- Certification-of-Bidders-Participation.pdf

4. Upon receiving the Self Certification and Certification of Bidder’s Participation

- Form 1, the Procurement Officer will verify that the apprenticeship program is on the List of Construction Trades in Registered Apprenticeship Programs and that the form is signed by an authorized official of the Apprenticeship Program Sponsor. If the programs and signature are not confirmed by the DLIR, the bidder will not qualify for the preference.

5. If the bidder is certified to participate in an apprenticeship program for each trade which will be employed by the bidder for the project, a preference will be applied to decrease the bidder’s bid amount by five (5) percent for evaluation purposes.

6. Should the bidder qualify for other preferences (for example, Hawaii Products), all applicable preferences shall be applied to the bid price.

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

K. Receipt of Addenda: Bidder shall fill in the appropriate dates any addenda were received.

L. Listing Joint Contractors or Subcontractors:

1. Bidder shall complete the “Joint Contractors or Subcontractors List”. It is the sole responsibility of the bidder to review the requirements of this project and

00210 v18.08 Instructions to Bidders JUD-2C-HoapHale-P5 Main St. SectyGate-2025

00210 - 6 http://labor.hawaii.gov/wdd/files/2012/12/Form-1-Certification-of-Bidders-Participation.pdf http://labor.hawaii.gov/wdd/files/2012/12/Form-1-Certification-of-Bidders-Participation.pdf determine the appropriate specialty Contractor’s licenses that are required to complete the project. Failure of the bidder to provide the correct names and specialty Contractor’s nature of work to be performed, may cause the bid to be rejected.

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

3. Based on the Hawaii Supreme Court’s January 28, 2002 decision in Okada Trucking Co., Ltd. v. Board of Water Supply, et al., 97 Hawaii 450 (2002), the bidder as a general Contractor (‘A’ or ‘B’ license) is prohibited from undertaking any work solely or as part of a larger project, which would require the bidder (‘A’ or ‘B’ general Contractor) to act as a specialty (‘C’ license) Contractor in any area in which the bidder (‘A’ or ‘B’ general Contractor) has no specialty Contractor's license. Although the ‘A’ and ‘B’ Contractor may still bid on and act as the “Prime Contractor” on an ‘A’ or ‘B’ project (See, HRS §444-7 for the definitions of an “A” and “B” project), respectively, the ‘A’ and ‘B’ Contractor may only perform work in the areas in which they have the appropriate Contractor's license. The bidder (‘A’ or ‘B’ general Contractor) must have the appropriate ‘C’ specialty Contractor's licenses either obtained on its own, or obtained automatically under HAR §16-77-32.

4. General Engineering ‘A’ Contractors automatically have these ‘C’ specialty Contractor's licenses: C-3, C-9, C-10, C-17, C-24, C-31a, C-32, C-35, C-37a, C-37b, C-38, C-43, C-49, C-56, C-57a, C-57b, and C-61.

5. General Building ‘B’ Contractors automatically have these ‘C’ specialty Contractor's licenses: C-5, C-6, C-10, C-12, C-24, C-25, C-31a, C-32a, C-42a, and C-42b.

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

a. Describe the specialty Contractor’s nature of work to be performed for this project and provide the complete firm name of the joint Contractor or Subcontractor in the respective columns.

b. List only one joint Contractor or Subcontractor per required specialty Contractor's classification, unless the nature of work to be performed by each such joint contractor is both distinct and separate. (i.e. two C-13 contractors are listed but one has the responsibility for AC controls (nature of work listed as “electrical – AC controls”) and the other for AC power (nature of the work listed as “electrical – AC power”).

c. For projects with alternate(s), fill out the respective “Joint Contractors or Subcontractors List for the Alternate(s)”. Bidder shall describe the specialty Contractor's nature of work to be performed on this project for the respective alternate. Bidders shall fill in the complete firm name and nature of work to be performed by the respective joint Contractor or Subcontractor. If the joint Contractor or Subcontractor was previously listed under base bid, listing under Alternate(s) is not required.

00210 v18.08 Instructions to Bidders

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M. Cost, Time and Schedule: Bidder shall completely fill out the article and enter the cost for the Project Bid Price, Variable Quantities Unit Prices and Alternates when provided. Bidder shall tabulate the Project Bid Price, Variable Quantities Unit Prices and Allowances when provided, and the Bidders shall then enter the Total Lump Sum Bid Price. BE SURE TO ENTER THE TOTAL LUMP SUM BID PRICE IN WORDS AND NUMERALS. Refer to Bidder’s Instructions located within the article.

1. If provided, bidder shall fill in total costs for each alternate.

2. The bidder is directed to the construction time information Article entitled “TIME” for the contract duration and construction time for alternates. Bidder shall refer to SECTION 01100 - PROJECT REQUIREMENTS of these specifications for additional construction time information, as applicable.

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

1.06 BID SECURITY

A. Bid security is required.

1. Bidder shall refer to SECTION 00410 OR 00411, SOLICIATION, OFFER AND CONTRACT FORM, 10 ADDITIONAL SOLICITATION

REQUIREMENTS, B. Bid Security for applicable requirement.

2. Bid Security submittal shall be as follows:

a. Photocopy of the bid security shall be submitted with the bid documents in HIePRO.

b. Original bid security shall be delivered within 72 hours of date/time bids are due to:

Judiciary-State of Hawaii Contracts and Purchasing, 6th floor Kauikeaouli Hale 1111 Alakea Street Honolulu, Hawai‘i 96813 Attn: Minda Abad

3. Bidder bears whole and exclusive responsibility to assure the bid security is received by Contracts and Purchasing.

1.07 EVALUATION CRITERIA

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

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

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

00210 v18.08 Instructions to Bidders

00210 - 8

a. For projects with alternates, the total lump sum base bid price and alternates will be adjusted to reflect the applicable preferences.

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

4. If there is more than one alternate for a project, the State will determine the precedence of the alternates for each project prior to the submission of bids.

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

B. Evaluating Bids with Additive Alternates:

1. Prior to opening bids, the State will announce the project control budget. All bids will be evaluated on the basis of the same alternate item.

2. After adjusting for applicable preferences, the alternates, in their precedence order, are added to the total lump sum base bid price. This (these) sum(s) are compared to the project control budget, and must be within the project control budget.

3. If adding another alternate would make the aggregate amount exceed the project control budget for all bidders, that alternate will be skipped and the next alternate will be added, provided an award might be made within the project control budget. This procedure will continue, until adding any remaining alternates will result in the aggregate total amount for all the bidders to exceed the project control budget, or until no additional alternates remain.

4. The bidder with the lowest aggregate amount, within the project control budget (after application of the various preferences), for the total lump sum base bid plus the alternates in their precedence order, is the “Low Bidder” for that project and is designated for award.

5. Additive Alternate Example: The project control budget available is $100,000. In the order of precedence, alternates A-1, A-2 and A-3 are additive alternates. After applying the preferences, the bids are ranked lowest price to highest price and are “Bid A”, “Bid B” and “Bid C”. Bid A’s total lump sum base bid price and three additive alternates (in the precedence order) are $80,000, $16,000, $10,000 and $5,000 respectively.

Bid B’s total lump sum base bid price and three additive alternates (in the precedence order) are $82,000, $10,000, $9,000 and $3,000 respectively.

Bid C’s total lump sum base bid price and three additive alternates (in the precedence order) are $85,000, $10,000, $8,000 and $4,000 respectively.

a. In adding the alternates to the bids, alternate A-1 is under the project control budget for all bids. The second alternate A-2 is initially skipped since it would cause the aggregate amount of all bids to exceed $100,000. The third alternate A-3 is added and the aggregate amounts, including base bid price plus alternates A-1 and A-3, of both Bid B and Bid C, are under the project control budget.

b. Bid A’s aggregate total is $101,000. Bid B’s aggregate total is $95,000.

Bid C’s aggregate total is $99,000.

c. Bid B’s price including alternates A-1 and A-3 is the lowest bid price (over

00210 v18.08 Instructions to Bidders

00210 - 9

Bid C) and has an aggregate amount within the adjusted project control budget, and therefore is designated the “Low Bidder” for the project.

6. Should the Lump Sum Base Bid of all bidders exceed the project control budget, the bidder with the lowest total lump sum base bid after application of the preferences is designated the low bidder for the project.

1.08 METHOD OF AWARD

A. The contract will be awarded to the lowest responsive and responsible Bidder whose bid (including any alternates which may be selected) meets the requirements and criteria set forth in the solicitation documents and as determined by the Comptroller.

B. In the event the total lump sum bid for bids without alternates or with additive alternates of all bidders exceeds the project control budget, the Department reserves the right to make an award to the apparent Low Bidder if additional funds are available or by reducing the scope of work through negotiation.

C. Not used.

D. Additional Requirements for Bids with Alternates: After determining the designated Low Bidder for the project, an award may be made on the amount of the Low Bidder’s total lump sum base bid alone or on any combination of alternates exclusive of any preferences. The combination of alternates may include substituting any of the alternates that were included in the designated Low Bidder’s aggregate price with an alternate that was not included, provided:

1. It is in the best interest of the State,

2. Funds are available at the time of award, and

3. The combination of the total lump sum base bid plus alternate(s) does not change the established Low Bidder for the project.

1.09 OTHER CONDITIONS FOR AWARD

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

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

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

D. Any agreement or contract is subject to approval by the Department of the Attorney General, and the approval of the Governor, as required by statute, regulation, rule, order, or other directive.

1.10 RESPONSIBILITY OF AWARDED BIDDER

00210 v18.08 Instructions to Bidders

00210 - 10

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

1. Chapter 237, tax clearance;

2. Chapter 383, unemployment insurance;

3. Chapter 386, workers’ compensation;

4. Chapter 392, temporary disability insurance;

5. Chapter 393, prepaid health care; and

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

B. The State will verify compliance on Hawaii Compliance Express (HCE). The HCE is an electronic system that allows vendors/contractors/service providers doing business with the State to quickly and easily obtain proof that they are compliant with applicable laws. The HCE certificate, ‘Certificate of Vendor Compliance’, allows this single printable electronic certificate to be substituted for the tax clearance, labor certificate, and a Certificate of Good Standing required in Hawaii Revised Statutes (HRS), Section 103D-310(c), and Hawaii Administrative Rules (HAR), Section 3-122-112. The HCE provides compliance status in real time.

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

PART 2 - PRODUCTS (Not Used)

PART 3 – EXECUTION (Not Used)

END OF SECTION

00210 v18.08 Instructions to Bidders JUD-2C-HoapHale-P5 Main St. SectyGate-2025

00210 - 11 https://vendors.ehawaii.gov/

SOLICITATION, OFFER AND CONTRACT FORM

1. JUD Project Identifier:

JUD-2C-HoapHale-P5 Main

St. SectyGate-2025

2. TYPE OF SOLICITATION

HIePRO (IFB)

3. PAGE OF PAGES

1 of 10 Pages

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

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

4. ISSUED BY:

THE JUDICIARY – STATE OF HAWAI‘I

CONTRACTS AND PURCHASING

KAUIKEALULI HALE

1111 ALAKEA STREET, 6TH FLOOR

HONOLULU, HAWAI‘I 96813

5. ADDRESS OFFER TO:

THE JUDICIARY – STATE OF HAWAI‘I

CONTRACTS AND PURCHASING

KAUIKEALULI HALE

1111 ALAKEA STREET, 6TH FLOOR

HONOLULU, HAWAI‘I 96813

6. FOR INFORMATION A. NAME

Dino Edmalin

B. TELEPHONE NO. (NO

COLLECT CALLS)

(808) 281-4143

SOLICITATION

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

CONSTRUCT:

Hoapili Hale JUD-2C-HoapHale-P5 Main St. SectyGate-2025

TMK: (2)-013:013:020 & 021

Maui, Hawaii

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

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

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

REFERENCE.

Section 00411 Solicitation, Offer and Contract Form JUD-2C-HoapHale-P5 Main St. SectyGate-2025 0411 - 1

10. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Offers to perform the work required are due at the place specified in Block 5, by the date and time specified in the Notice to Bidders.

B. Bid Security is required (Section 3-122-223(a)(1) HAR and Section 103D-305 HRS).

C. Hawaii Product Preference –Any offeror proposing to use the Hawaii product preference must complete the Hawaii product preference schedule form in the solicitation and submit it with the offer.

D. Apprenticeship Agreement Preference – Not applicable.

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

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

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

H. Contractors are hereby notified of the applicability of Section 11-355 HRS, which states that campaign contributions are prohibited from specified State or county government contractors during the term of the contract if the contractors are paid with funds appropriated by a legislative body.

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

Section 00411 Solicitation, Offer and Contract Form JUD-2C-HoapHale-P5 Main St. SectyGate-2025 0411 - 2 http://vendors.ehawaii.gov/hce/splash/welcome.html

OFFER (Must be fully completed by offeror)

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

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

13. TELEPHONE NO. (Include area code ) FAX NO. 14. EMAIL ADDRESS

15. FEDERAL EMPLOYER ID # (FEIN) 16. HAWAII GENERAL EXCISE ID #

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

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

20. The offeror has completed Attachment A.

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

The undersigned represents:

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

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

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

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

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

Commerce and Consumer Affairs.

If Offeror is a “dba” or a “division” of a corporation, furnish the exact legal name of the corporation under which the awarded contract will be executed.

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

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

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

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

INFORMATION IN INK. USE INK FOR MANUAL SIGNATURE.

JUD-2C-HoapHale-P5 Main St. SectyGate-2025 0411 - 3

CONTRACT (To be completed by The Judiciary - State of Hawai‘i)

23. CONTRACT NO. 23A. CONTRACT DATE:

24. ITEMS ACCEPTED:

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

The Judiciary – State of Hawai‘i

By ______________________________________ Signature

Print Name

Title

26. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK

4 UNLESS DIFFERENT ADDRESS STIPULATED HERE

(7 copies unless otherwise specified)

ADMINISTRATOR WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required 29. AWARD (Contractor is not required to sign this to sign this document and return ____ copies to issuing document.) Your offer on this solicitation is hereby office.) Contractor agrees to furnish and deliver all items accepted as to the items listed in Block 24. This award or perform all work for the consideration slated in this consummates the contract, which consists of (a) the contract. The rights and obligations of the parties to this Judiciary - State of Hawaii solicitation and your offer, and contract shall be governed by (a) this contract award, (b) (b) this contract award. No further contractual document the solicitation, and (c) any document incorporated by is necessary.

reference in or attached to this contract.

28A. NAME AND TITLE OF CONTRACTOR OR PERSON

AUTHORIZED TO SIGN (Type or print)

29A. NAME OF ADMINISTRATOR (Type or print)

28B. SIGNATURE: I declare under penalty of law that the foregoing is true and correct to the best of my knowledge.

29B. THE JUDICIARY - STATE OF HAWAI’I

By:

28C. DATE

JUD-2C-HoapHale-P5 Main St. SectyGate-2025 0411 - 4

ATTACHMENT A

A. COST, TIME AND SCHEDULE

Hoapili Hale Replace Security Roll-Up Gate Main St. Parking Garage PROJECT IDENTIFIER: JUD-2C-HoapHale-P5 Main St. SectyGate-2025

1. COST:

TOTAL LUMP SUM BASE BID PRICE

DOLLARS

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

2. TIME:

Contract Duration 365 Calendar Days

3. SCHEDULE FOR WORK

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

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

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

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

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

JUD-2C-HoapHale-P5 Main St. SectyGate-2025 0411 - 5

3. Conditions as specified in the DAGS 1999 INTERIM GENERAL CONDITIONS, and other conditions required by the contract documents.

c. After issuance of the formal Notice to Proceed or upon written authorization from the Contracting Officer to proceed with designated work, the contractor shall order approved materials, do off-site fabrication and similar work. The contractor shall start and complete the jobsite work per the dates, times and durations noted in the COST, TIME AND SCHEDULE article.>

4. ALLOWANCES

Bidder includes in the Lump Sum Base Bid Price, cash allowances that are itemized in the COST, TIME AND SCHEDULE article and described in specification SECTION 01210 - ALLOWANCES. (The allowance is an estimate and may increase or decrease, depending on the actual cost of the vendor who will perform the work.)

B. ALTERNATES

Bidder offers to incorporate in the work the alternates that are described on the drawings and in specification SECTION 01230 – ALTERNATES. For the purpose of evaluating the bid, the alternates listed in COST, TIME AND SCHEDULE article and in SECTION 01230 – ALTERNATES, are in the order of precedence.

C. BID SECURITY

Required for this project. For information, see Instructions to Bidders 00210, 1.06 Bid Security.

D. RECEIPT OF ADDENDA AND BID CLARIFICATIONS

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

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

E. PREFERENCE

Bidder agrees that:

1. Preferences are considered in the evaluation of bids; however, the award of the contract will be in the amount of the bid offered exclusive of any preferences.

2. If granted Hawaii product or recycled product preference and awarded the contract, the Contractor must use the designated products in the work; otherwise, the Contractor may be in default of the contract.

3. If granted the Apprenticeship Agreement Preference and awarded the contract, the Contractor must, for the duration of the contract, certify each month that work is being conducted on the project, that it continues to be a participant in the relevant apprenticeship program for each trade it employs.

F. HAWAII PRODUCT PREFERENCE: N/A

G. RECYCLED PRODUCT PREFERENCE: N/A

JUD-2C-HoapHale-P5 Main St. SectyGate-2025 0411 - 6

H. APPRENTICESHIP AGREEMENT PREFERENCE

The estimated value of the public works contract is less than $250,000 and the apprenticeship agreement preference pursuant to Hawaii Revised Statutes §103-

55.6 (Act 17, SLH 2009) shall not apply.

I. OTHER CONDITIONS

1. Bidder agrees to pay liquidated damages as specified in SECTION 00800 -

SPECIAL CONDITIONS.

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

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

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

5. Labor and Wage Certification (Chapter 104 HRS) - For projects in excess of $2,000, the bidder shall comply with the requirements of Chapter 104 HRS, “Wages and Hours of Employment on Public Works Construction Projects” and shall certify that:

a. Individuals engaged in the performance…