IFB J27150 HOAPILI POWER QUALITY SYSTEM IMPROVEMENTS SPECIFICATIONS.pdf

REQUIREMENTS and SPECIFICATIONS

TO COMPLETE

HOAPILI HALE

POWER QUALITY SYSTEM IMPROVEMENTS

JUD-2C-HOAPILI HALE POWER QUALITY IMP.

TAX MAP KEY: (2)-4-013:020 & 021

WAILUKU, MAUI, HAWAI‘I

FOR THE THE JUDICIARY

STATE OF HAWAI‘I

BRANDON M. KIMURA

ADMINISTRATIVE DIRECTOR OF THE COURTS

THE JUDICIARY-STATE OF HAWAI‘I

AUGUST 2026

Prime Consultant & Electrical Engineer: Ronald N.S. Ho & Associates, Inc.

James Shattuck Text Box JUD-CIP-Approved

JRS

08/06/2026

Table of Contents

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SECTION 00010 - TABLE OF CONTENTS

DIVISION 0 - INTRODUCTORY, BIDDING AND CONTRACTING REQUIREMENTS

Title Page Section 00010 Table of Contents .................................................................. 1-2

Section 00110 Notice to Bidders ................................................................... 1-3 Section 00210 Instructions to Bidders ........................................................... 1–11 Section 00411 Solicitation, Offer and Contract Form ..................................... 1-10

Section 00700 General Conditions ............................................................... 1-33 Section 00800 Special Conditions ................................................................ 1-4

DIVISION 1 - GENERAL REQUIREMENTS

Section 01100 Project Requirements ............................................................ 1-6 Section 01310 Project Management and Coordination ................................. 1-6 Section 01320 Construction Progress Documentation .................................. 1-6 Section 01330 Submittal Procedures ............................................................ 1-4 Section 01500 Temporary Facilities and Controls ......................................... 1-9 Section 01770 Closeout Procedures ............................................................. 1-8

DIVISION 2 - SITE CONSTRUCTION (NOT USED)

DIVISION 3 - CONCRETE (NOT USED)

DIVISION 4 - MASONRY (NOT USED)

DIVISION 5 - METALS (NOT USED)

DIVISION 6 - WOOD AND PLASTICS (NOT USED)

DIVISION 7 - THERMAL AND MOISTURE PROTECTION (NOT USED)

DIVISION 8 - DOORS AND WINDOWS (NOT USED)

DIVISION 9 - FINISHES (NOT USED)

DIVISION 10 - SPECIALTIES (NOT USED)

DIVISION 11 - EQUIPMENT (NOT USED)

DIVISION 12 - FURNISHING (NOT USED)

DIVISION 13 - SPECIAL CONSTRUCTION (NOT USED)

DIVISION 14 - CONVEYING SYSTEMS (NOT USED)

DIVISION 15 - MECHANICAL (NOT USED)

Table of Contents

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DIVISION 16 – ELECTRICAL

Section 16000 General Electrical Requirements .......................................... 1-12 Section 16050 Basic Materials and Methods ............................................... 1-20

TG 00115 v24.08 Notice to Bidders

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NOTICE TO BIDDERS

SEALED BIDS (Chapter 103D, HRS) For:

HOAPILI HALE

POWER QUALITY SYSTEM IMPROVEMENTS

JUD-2C-HOAPILI HALE POWER QUALITY IMP.

Will be received electronically on the HIePro website at https://hiepro.ehawaii.gov/. The solicitation documents, including the Soliciation, Offer and Contract Forms, drawings and specifications may be obtained in electronic format from the HIePro website at https://hiepro.ehawaii.gov/.

Submit the Competitive SOLICITATION, OFFER AND CONTRACT FORM up to 12:00 PM, September 3, 2026.

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 installation of surge protection devices for the entire building, installation for a power conditioner for the 3rd elevator bank; and re-circuiting of existing gate to emergency power.

The estimated construction cost is $250,000.

All interested parties are strongly encouraged to attend a pre-bid meeting and judiciary conducted site visit. No other time shall a site inspection shall be scheduled or allowed.

Prebid meeting and the accompanying site visit will be at Hoapili Hale, 2145 Main Street, room number 407 on August 14, 2026 at 9am. A site visit will immediately follow the meeting.

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

Campaign Contributions by State and County Contractors Prohibited.

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

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To be eligible to submit a Bid, the Bidder must possess a valid State of Hawai‘i Contractor’s license classification (s) C-13 .

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

BRANDON M. KIMURA

ADMINISTRATIVE DIRECTOR OF THE COURTS

The Judiciary - State of Hawai‘i

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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 the 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 Administrative Director of the Courts. Bidders shall comply with the GENERAL CONDITIONS Article 2.13 Protests.

TG 00210 v24.08 Instructions to Bidders

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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.

F. Project Labor Agreement (PLA) for State Construction Projects

1. ADMINISTRATIVE DIRECTIVE NO. 24-01 (Directive), dated February 16, 2024, requires a PLA (available at https://budget.hawaii.gov/wp-content/uploads/2024/02/AD-24-01.pdf) for all projects with award amounts in excess of one million five hundred thousand dollars ($1,500,000), JUD-2C-HOAPILI HALE POWER QUALITY IMP. 00210 - 2

2. COMPTROLLER’S MEMORANDUM NO. 2024-20, Guidelines - Project Labor Agreements (PLA) for State Construction Projects, dated July 26, 2024, provided Guidelines for Implementing Administrative Directive No. 24- 01 relating to Use of Project Labor Agreements for State Construction Projects, Issued by the Department of Accounting and General Services, Effective July 26, 2024. (https://ags.hawaii.gov/wp-content/uploads/2024/07/CM2024-20.pdf)

3. The definitions of the terms ‘Contractor’ and “Subcontractor” for the purposes of this solicitation are those contained in the agency’s General Terms and Conditions for Construction, not as defined in the PLA.

4. The required form of the Contractor's Agreement To Be Bound may be found in Attachment “A” at the end of this section. Any Letter of Assent shall take the substantial form of the Agreement To Be Bound. A sample Letter of Assent is provided in Attachment “B” at the end of this section.

5. Any subcontractor performing only trade work not represented by PLA signatories shall not be required to submit a Letter of Assent. However, any such subcontractor shall be required to execute and provide to the awarded Contractor a written statement attesting that the subcontractor will be performing only trade work not subject to the PLA, in the form of an Attestation of Exemption executed by a person authorized to bind the subcontractor. The awarded Contractor shall provide any such Attestation of Exemption to the Department upon demand. A sample Attestation of Exemption is provided in the Attachment “C” at the end of this section.

6. The Contractor who is awarded the project must:

a. Obtain either a Letter of Assent or Attestation of Exemption, as appropriate, from each subcontractor of any tier who may be employed on the project and make copies of such documents available to the Department upon demand.

b. Execute an Agreement-To-Be-Bound.

c. Submit to the Department a complete, fully executed Agreement-To-

Be-Bound within fourteen (14) calendar days of project award, or as soon thereafter as is practicable as determined by the Department.

Failure to timely submit any required Agreement-To-Be-Bound or to provide upon demand any required Letter of Assent or Attestation of Exemption shall be cause for the State in its sole discretion to rescind the subject award and to award the project to: the responsive and responsible offeror with the next lowest bid price for a solicitation made under HRS 103D-302; or the next highest ranked offeror satisfying all solicitation requirements for a solicitation made under

HRS 103D-303.

7. By submitting an executed Agreement To Be Bound the Contractor shall be deemed to have certified that all required Letters of Assent and Attestations of Exemption have been gathered and will be made available to the Department upon demand.

8. Contractors and their subcontractors (of any tier) are not required to be party to any collective bargaining agreement to participate in a Covered Project.

9. The Contractor shall maintain in a current status throughout the life of the contract the Agreement-To-Be-Bound, and all Letters of Assent and Attestations of Exemption from subcontractors of all tiers.

10. It is understood that by virtue of executing an Agreement-To-Be-Bound, a Contractor will not be obligated to sign a collective bargaining agreement as a condition of performing work.

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11. The Contractor has the primary obligation to meet all conditions of the PLA.

This obligation cannot be relieved, evaded or diminished by subcontracting.

Should the Contractor elect to subcontract, the Contractor shall continue to have such primary obligation.

12. The State shall remain impartial concerning any dispute between labor and its Contractor and not undertake the conciliation, mediation, or arbitration of a labor dispute. All labor disputes shall be resolved pursuant to the procedure set forth in the PLA.

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.

1.03 PRE-BID MEETING AND SITE VISIT(S)

A. General

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

2. Failure to attend the pre-bid meeting(s) and site visit(s) for a project DOES

NOT absolve the bidder from its responsibilities under section 2.4.1 of the DAGS 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 DAGS Interim General Conditions).

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 in writing. Bidders may use the form entitled 'Questions and Clarifications' at the end of Section 00800 - SPECIAL CONDITIONS which contains options for physical delivery and transmittal by fax. Bidders choosing not to use the form provided shall bear the responsibility for clearly labeling their submittal to allow its proper identification and routing and for following the instructions cited above for physical delivery or fax transmittal.

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.

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F. Bidders shall submit all discoveries, questions, and/or requests no later than 14 calendar days prior to the submission date for sealed bids.

G. Requests for Substitution will only be entertained prior to bid opening if Section

00800 - SPECIAL CONDITIONS indicates that substitutions before award are 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.

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. 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.

H. Apprenticeship Agreement Preference:

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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 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

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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.

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

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

K. 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 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.

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

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.

L. 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.

M. 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 for bids procured as Invitation for Bid (IFB) Large

Purchase.

1. Bidder shall refer to SECTION 00410 or 00411, SOLICITATION, OFFER AND

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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 submitted via US Postal Service and BE

POSTMARKED BY THE DATE AND TIME BIDS ARE DUE and be addressed to:

Financial Services Department 1111 Alakea Street, 6th Floor Honolulu, Hawaii 96813 Attn: Luzviminda Abad

c. Offeror bears the whole and exclusive responsibility assuring the bid security is received by the purchasing agency. Bid submittals and original bid security postmarked after the date and time bids are due will not be considered.

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.

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.

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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 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.

C. Evaluating Bids with Deductive 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 deducted from 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. Alternates will be deducted in the order of precedence until the aggregate total amount for at least one bid is within the project control budget. No additional alternates will be deducted once a bid is within the project control budget.

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 minus the deductive alternates in their precedence order, is the “Low Bidder” for the project and is designated for award.

5. Deductive Alternate Example: The project control budget is $100,000. In the order of precedence, alternates D-1, D-2, and D-3 are deductive alternates.

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After applying preferences, the bids are ranked lowest to highest price and are “Bid A”, “Bid B”, and “Bid C”. Bid A’s total lump sum base bid price and three deductive alternates, in precedence order, are $118,000, $10,000, $9,000, and $3,000 respectively. Bid B’s total lump sum base bid price and three deductive alternates, in precedence order, and $120,000, $14,000, $8,000, and $4,000 respectively. Bid C’s total lump sum base bid price and three deductive alternates, in precedence order are $135,000, $16,000, $10,000, and $5,000 respectively.

a. In tabulating alternates to the bids, deductive alternate D-1 is over the project control budget for all bids. The second alternate D-2 is tabulated and the aggregate amounts, including base bid price minus alternates D-1 and D-2 of Bid C is over the project control budget. Alternate D-3 does not need to the considered to designate the “Low Bidder” for the project.

b. Bid A’s aggregate total including alternates D-1 and D-2 is $99,000. Bid

B’s aggregate total is $98,000. Bid C’s aggregate total is $109,000.

c. Bid B’s price including alternates D-1 and D-2 is lower than Bid A, and has an aggregate amount within the project control budget, and therefore is designated the “Low Bidder” for the project.

6. Should the Lump Sum Base Bid of one or more bidders be within the project control budget, the bidder with the lowest lump sum base bid after application of the preferences is designated the low bidder for the project.

7. Should the Lump Sum Base Bid including all deductive alternates of all bidders exceed the project control budget, then the bidder with the lowest total Lump Sum Base Bid, minus deductive alternates 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. In the event the total lump sum bid minus all the deductive 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.

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

JUD-2C-HOAPILI HALE POWER QUALITY IMP. 00210 - 11

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 Comptroller may reject any or all bids and waive any defects if the

Comptroller believes the rejection or waiver is in the best interest of the State.

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

C. 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

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)

JUD-2C-HOAPILI HALE POWER QUALITY IMP. 00210 - 12

END OF SECTION

Section 00411 Solicitation, Offer and Contract Form

JUD-2C-HOAPILI HALE POWER QUALITY IMP. 00411 - 1

SOLICITATION, OFFER AND CONTRACT FORM

1. JUD Project Identifier:

JUD-2C-HOAPILI HALE

POWER QUALITY IMP.

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

6TH FLOOR

KAUIKEAOULI HALE

1111 ALAKEA STREET

HONOLULU, HAWAI’I 96813

5. ADDRESS OFFER TO:

HIEPRO

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

POWER QUALITY SYSTEM IMPROVEMENTS

TAX MAP KEY: (2)-4-013:020 & 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.

JUD-2C-HOAPILI HALE POWER QUALITY IMP. 00411 - 2

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 and must be submitted with the offer. For more information, see Section 00210, subsection 1.06 BID

SECURITY. (Section 103D-323 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.

JUD-2C-HOAPILI HALE POWER QUALITY IMP. 00411 - 3

OFFER (Must be fully completed by offeror)

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

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

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

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

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

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

20. The offeror has completed Attachment A.

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

The undersigned represents:

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

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

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

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

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

Commerce and Consumer Affairs.

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

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

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

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

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

INFORMATION IN INK. USE INK FOR MANUAL SIGNATURE.

JUD-2C-HOAPILI HALE POWER QUALITY IMP. 00411 - 4

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 to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) any document incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed in Block 24. This award consummates the contract, which consists of (a) the Judiciary - State of Hawaii solicitation and your offer, and

(b) this contract award. No further contractual document is necessary.

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

29C. DATE

JUD-2C-HOAPILI HALE POWER QUALITY IMP. 00411 - 5

ATTACHMENT A

A. COST, TIME AND SCHEDULE

HOAPILI HALE

POWER QUALITY SYSTEM IMPROVEMENTS

JUD-2C-HOAPILI HALE POWER QUALITY IMP.

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 the Contracting Officer, 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 the Contracting Officer 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-HOAPILI HALE POWER QUALITY IMP. 00411 - 6

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

Not used.

B. ALTERNATES

Not used.

C. BID SECURITY

Is required for this project.

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:

Hawaii Product Preference applies to this project. Offerors shall indicate in the Hawaii Product Schedule below whether pre-approved Hawaii Products are offered.

Offerors offering a Hawaii Product shall fill-in the quantity, unit measure, unit price and total price for the Hawaii Product they desire to be considered for preference.

Products not pre-approved shall not be considered. Hawaii Products not meeting the requirements of the specifications shall not be considered. Offerors selecting the Hawaii Product Preference may be required to submit additional information on the cost basis of their selected Hawaii Product Preference items when requested after the bid opening to verify cost of the Hawaii Products, JUD-2C-HOAPILI HALE POWER QUALITY IMP.