IFB SA 24 02 Information Technology Services.pdf

STADIUM AUTHORITY

STATE OF HAWAII

RELEASE DATE: February 14, 2024

INVITATION FOR BIDS

No. IFB-SA-24-02

SEALED OFFERS

FOR

INFORMATION TECHNOLOGY SERVICES

FOR THE

STADIUM AUTHORITY

DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM

BIDS MUST BE SUBMITTED ONLINE ON THE STATE OF HAWAII

ELECTRONIC PROCUREMENT SYSTEM (HIePRO) (https://hiepro.ehawaii.gov), NO LATER THAN 2:00 PM. (HST) ON FEBRUARY 28 , 2024

DIRECT QUESTIONS RELATING TO THIS SOLICITATION TO EBRU YILMAZ-PEDRO,

TELEPHONE (808) 483-2751 OR EMAIL AT EBRU.YILMAZ-PEDRO@HAWAII.GOV.

Ryan G. Andrews Procurement Officer Stadium Authority https://hiepro.ehawaii.gov/ https://stateofhawaii.na1.adobesign.com/verifier?tx=CBJCHBCAABAA0lFBukSGZz9mGaU4vIvTFrlKTQQn1suR

IFB-SA-24-02

TABLE OF CONTENTS

NOTICE TO BIDDERS

SECTION ONE - INTRODUCTION AND SIGNIFICANT DATES

1.1 TERMS AND ACRONYMS

1.2 INTRODUCTION

1.3 SCHEDULE

SECTION TWO – SPECIFICATIONS

2.1 SCOPE OF WORK

2.2 SA RESPONSIBILITIES

2.3 DUE CARE AND DILIGENCE

2.4 SUBCONTRACTORS

2.5 TERM OF CONTRACT AND CONTRACT EXTENSION

2.6 GENERAL REQUIREMENTS

2.7 PERFORMANCE MONITORING AND INSPECTIONS

SECTION THREE – SPECIAL PROVISIONS

3.1 BIDDER QUALIFICATIONS

3.2 BID PREPARATION

3.3 SUBMISSION OF BID

3.4 RESPONSIBILITY OF BIDDERS

3.5 CERTIFICATION OF INDEPENDENT COST DETERMINATION

3.6 DISQUALIFICATION OF BIDS

3.7 CANCELLATION OF SOLICITATIONS AND REJECTION OF BIDS

3.8 CAMPAIGN CONTRIBUTIONS BY STATE AND COUNTY CONTRACTORS

3.9 LIABILITY INSURANCE

3.10 WAGE CERTIFICATE

3.11 AWARD OF CONTRACT

3.12 EXECUTION OF CONTRACT

3.13 NOTICE TO PROCEED

3.14 PAYMENT

3.15 RE-EXECUTION OF WORK

3.16 REMOVAL OF CONTRACTOR’S EMPLOYEES

3.17 RIGHTS AND REMEDIES FOR DEFAULT

ATTACHMENTS

ATTACHMENT A - BID FORMS

ATTACHMENT B - AG-008 103D GENERAL CONDITIONS

ATTACHMENT C - 103 D GENERAL PROVISIONS

NOTICE TO BIDDERS

IFB-SA-24-02 Information Technology Services for the Stadium Authority, Department of Business Economic Development and Tourism, located at 99-500 Salt Lake Boulevard, Aiea, HI 96701 is issued and will be awarded through the State of Hawaii’s electronic procurement system (HIePRO). All bid responses must be submitted electronically through HIePRO no later than 2:00 pm., February 28, 2024. Bids received after the due date and time or received in a form other than electronically through HIePRO will not be considered.

Bidders are advised that they should not wait until the last minute to submit their bid through HIePRO. Bidders are solely responsible for ensuring that their electronic submission through HIePRO is complete and all necessary files are attached to their bid prior to the IFB due date and time. The Stadium Authority shall not be responsible for any delay or failure of any Bidder to submit any materials updated through the IFB process on a timely basis.

Electronic Procurement Bidders interested in responding to this electronic solicitation must be registered on HIePRO.

To register, visit the following link:

https://hiepro.ehawaii.gov/videos/video/vendor_registration.html.

Reference the Vendor Quick Reference Guide for additional information at https://hiepro.ehawaii.gov/static-resources/VendorQuickReferenceGuide.pdf.

HIePRO will be the system of record for the issuance of the IFB and amendments, if any, receiving bids, and awarding the IFB. Amendments, other information, and materials provided through HIePRO may include additions or changes with respect to the due date and time.

Special instructions in HIePRO related to this solicitation are incorporated herein and made a part of this IFB through reference. Bidders shall review all special instructions in HIePRO.

Questions and Clarifications All questions and requests for clarifications must be submitted electronically through HIePRO.

Questions must be submitted no later than 4:00 p.m. HST, on February 16, 2024.

Responses to questions submitted via HIePRO will be made no later than 4:00 p.m. HST, on February 20, 2024.

The Stadium Authority may refuse to answer any questions received outside of HIePRO or after the Questions/Answers deadline.

Bidders are responsible for notifying the Administrative Services Officer Ebru Yilmaz- Pedro (email: ebru.yilmaz-pedro@hawaii.gov) for accessibility concerns related to this

IFB.

https://hiepro.ehawaii.gov/static-resources/VendorQuickReferenceGuide.pdf

SECTION ONE: INTRODUCTION AND SIGNIFICANT DATES

1.1 TERMS AND ACRONYMS

AG = State of Hawaii Department of the Attorney General

Form AG-008 = State of Hawaii Department of the Attorney General

General Conditions Form

Bid = The Bidder’s offer to provide the requested goods and/or services as specified under this IFB

Bidder = Any individual, partnership, firm, corporation, joint venture, or other entity submitting directly or through a duly authorized representative or agent, a bid for the goods, services, or construction contemplated.

Contractor = The Winning Bidder awarded a contract under this electronic Invitation for Bid

DBEDT = Department of Business, Economic Development and Tourism

GET = General Excise Tax

HAR = Hawaii Administrative Rules

HCE = Hawaii Compliance Express

HIePRO = State of Hawaii Electronic Procurement System

HRS = Hawaii Revised Statutes

HST = Hawaii Standard Time

IFB = Invitation for Bids

IT = Information Technology

Procurement Officer = The contracting officer for the Stadium Authority, State of

Hawaii

SA = Stadium Authority

SPO = State of Hawaii Procurement Office

STATE = State of Hawaii, including its departments, agencies, and political subdivisions

Winning Bidder = The Bidder awarded a contract under this IFB

1.2 INTRODUCTION

The Stadium Authority (SA), a state agency attached to the Department of Business, Economic Development, and Tourism (DBEDT). The SA has 18 staff members each has state issued desktop and/or laptops of various age and brands. All Desktops and laptops utilize Microsoft Windows. Software on these desktops and laptops include Microsoft 365, Adobe cloud, Google for business and other cloud services, state’s shared drive system, plus other software. Desktops and laptops may be wirelessly connected to SA’s leased copy machine/printer/fax, which has its own service contract.

The SA seeks an Information Technology (IT) Service Contractor to provide on-demand, on-site and/or remote IT services.

1.3 SCHEDULE

HIePRO Posting/Procurement Notice System:

Wednesday, February 14, 2024

Deadline to Submit Written Inquiries:

Friday, February 16, 2024 4:00 p.m. HST

Response to Written Inquiries:

Tuesday, February 20, 2024

4:00 p.m. HST

Deadline for Solicitation:

Wednesday, February 28, 2024

2:00 p.m. HST

Contract Start Date (Tentative):

April 1, 2024

END OF SECTION

SECTION TWO: SPECIFICATIONS

2.1 SCOPE OF WORK

The Contractor shall take service calls and provide same-day response for on-site and/or remote IT troubleshooting and repair services. SA does not anticipate IT issues every month, but when it does, requires a responsive contractor. The contractor may be required to interface with other service providers to resolve the IT issues.

The IT Support Services shall include the following:

• Provide Desktop Support – The desktops and laptops are primarily run on the Microsoft Windows operating system.

• Provide Office 365 (including SharePoint & One Drive) Support

• Provide IT troubleshooting and repair services.

• Assist SA staff with various computer related issues to ensure smooth day-to-day operations.

• Set up and install new office equipment such as printers, scanners, fax machines, copiers, etc.

• Ensure machines are up to date with security patches and are free of viruses, malware and spyware.

• Install software on desktops, laptops, printers and scanners.

• Perform minor hardware repairs such as replacing hard drive, upgrading memory, etc.

• Provide hardware/software purchase consultation, for example assist in hardware/software purchase decisions.

• Provide recommendations on replacements of IT equipment.

• Provide recommendations on the equipment and alternatives for price comparison and SA staff will procure any needed equipment per state procurement procedures.

• Prepare computers before disposal by backing up data, erasing data, uninstalling software, removing hardware, etc.

• Provide network connectivity resolution.

• Assist with moving all Stadium computers, printers, and IT equipment to a new network during relocation of SA offices.

• Resolve any connectivity issues due to relocation of SA offices.

The Contractor shall be available Monday through Friday, 8:00 a.m. to 5:00 p.m. Hawaii Standard Time (“HST”).

The Contractor shall respond within 30 minutes of communication by the SA to the Contractor of the problem/issue.

The Contractor shall commence work to resolve the problem/issue within two (2) hours for critical functions, and within four (4) hours for non-critical functions. If multiple service requests are open at the same time, the SA will determine the priority order of the service requests.

Minimum service hours are four (4) hours per month. If the service hours are not used for troubleshooting or repair, SA shall have the option to roll over hours and/or assign other related tasks including (but not limited to): research on IT equipment and software needs, and planning of IT projects. SA and Contractor to agree on further details for this option.

2.2 SA RESPONSIBILITIES

The SA will work with the Contractor to provide the following:

a. Assign a single Point of Contact who is responsible for all SA aspects of managing the contract.

b. Provide Contractor with access to SA’s facility (99-500 Salt Lake Boulevard, Aiea, HI 96701).

2.3 DUE CARE AND DILIGENCE

The Contractor shall perform the services with due efficiency and diligence to complete the work in a timely manner.

2.4 SUBCONTRACTORS

The Contractor is allowed to hire subcontractors, as needed, to perform any specialized service(s) that the Contractor cannot perform for themselves either because the Contractor does not directly offer the service, or the service requires a skill that the Contractor and its personnel do not possess. The Contractor must ensure that the subcontractor(s) have all necessary licenses, permits, and/or certificates to perform the necessary work.

The SA reserves the right to approve all subcontractors in writing and shall require the Contractor to replace any subcontractors found to be unacceptable. The SA also reserves the right to condition its approval of any subcontractor on the subcontractor’s compliance with the terms and conditions contained herein. The Contractor will be the sole point of contact with regard to services provided by the subcontractor, including supervision of work and payment of any and all charges resulting from the work. The Contractor shall be responsible for any and all services set forth in the Contractor’s

Scope of Work provided for under this IFB in Section 2.1 (“Scope of Work”), regardless of if the primary Contractor or a subcontractor performs them.

The Contractor must request written permission from the SA prior to hiring or delegating any services to a subcontractor and shall not delegate any services to any subcontractor without prior written approval from the SA. The Contractor shall be responsible for all expenses incurred if written approval is not obtained from the SA prior to work commencing.

2.5 TERM OF CONTRACT AND CONTRACT EXTENSION

The term of the contract shall be for an initial thirty-six (36) months (3 years) period commencing from the official date set forth on the Notice to Proceed letter issued by the

SA.

Unless terminated and subject to availability of funds and satisfactory performance by the Contractor under the initial contract term, the contract may be extended without re-bidding, upon mutual agreement in writing between the SA and the Contractor, prior to the expiration date, for a period not to exceed one (1) additional one (1) year period, or portions thereof; provided, however, the contract price for the extended period shall not be increased above the bid price.

The STATE has the right to terminate this contract at any time for nonperformance as referenced in Form AG-008 Section 13d of the State’s General Conditions.

2.6 GENERAL REQUIREMENTS

1. The Contractor shall perform all services in a safe manner in accordance with all State, City, and Federal laws, rules, and regulations.

A. All personnel employed by the Contractor and its subcontractors shall be properly trained and wear company uniforms as supplied by the Contractor. The Contractor shall be responsible for all safety training of its employees or subcontractors.

B. All work performed by the Contractor and its subcontractors shall be performed in a manner to ensure the safety of the public, SA staff and visitors/invitees, and Contractor’s employees in accordance with Hawaii Occupational Safety and Health Division (HIOSH) standards. The Contractor shall ensure that all equipment used in performing Contractor’s services shall be in good working condition and operated in accordance with manufacturer’s instructions and in a safe manner with all appropriate safety devices in place.

2. The Contractor shall be responsive and responsible for the performance of the Scope of Work.

A. Adequate personnel and equipment shall be provided to ensure the timely completion of all work.

B. The Contractor shall be responsible for the repair of any and all damage resulting from the Contractor’s activities including Contractor’s subcontractors while working either remotely or on the Premises. If the Contractor does not make all required repairs, SA reserves the right to contract for the necessary repairs and the repair costs incurred by SA shall be the sole responsibility of the Contractor.

C. The Contractor shall provide a list of primary and secondary contact names and phone numbers of the Contractor’s personnel assigned to and who can be contacted for required services. The Contractor shall respond to the SA in accordance with the response procedures in Section 2.1 Scope of Work.

D. The Contractor shall maintain order among its employees and its subcontractors and shall ensure compliance with all applicable rules and regulations. Courtesy and professionalism shall be demonstrated by the Contractor and its employees to all SA staff and the general public at all times.

2.7 PERFORMANCE MONITORING AND INSPECTIONS

SA staff shall monitor the Contractor’s performance throughout the term of the contract and any contract extension term via random and scheduled inspections of service tickets to monitor whether the Contractor is satisfactorily performing the Scope of Work.

The SA also reserves the right to schedule meetings with the Contractor or its designated representative at any time and the Contractor shall be available to attend meetings.

SECTION THREE: SPECIAL PROVISIONS

3.1 BIDDER QUALIFICATIONS

To assure the SA that the Bidder is capable of performing the work specified herein, the Bidder shall meet the following requirements at the time of bidding:

1. The Bidder shall be able to provide on-site and/or remote IT trouble shooting and repair services.

2. The Bidder shall be established to conduct business and be based in Hawaii for the past five (5) years+ providing a similar scope of services.

3. The Bidder shall be registered to do business in the State of Hawaii.

4. The Bidder shall be able to provide three (3) references for similar scope of IT services being provided.

5. The Bidder shall maintain a permanent office and service facility on the island of Oahu at the time of bidding and during the contract period from where the Bidder conducts business during normal working hours and from where the Bidder is accessible for requests and/or complaints.

6. The Bidder shall provide a list of primary and secondary contact names, qualifications, experience and phone numbers of the Contractor’s personnel assigned to SA and who can be contacted for required services.

An award will not be made to any Bidder failing to meet all of the above qualifications.

These qualifications requirements shall be maintained by the Contractor throughout the entire contract period and any extensions if applicable.

The SA reserves the right to disqualify any potential Bidder if, in the SA’s sole discretion, the SA determines that the Bidder does not have the requisite experience or expertise to provide the goods and/or services required.

3.2 BID PREPARATION

1. Attachment A - Bid Forms. The Bidder shall submit its respective bid under the

Bidder’s legal name as registered with the State of Hawaii, Department of Commerce and Consumer Affairs. Failure to do so may delay SA’s review of the bid and execution of the contract.

The Bidder’s execution of Bid Form OF-1 shall constitute the Bidder’s intent to be bound by its bid. The authorized signature on the first page of the Bid Form OF-1 shall be an original signature in ink or electronic signature with audit trail. If unsigned or the affixed signature is a facsimile or a photocopy, the offer shall be automatically rejected unless accompanied by other material, containing an original signature, indicating the Bidder's intent to be bound.

The Completed Bid Forms OF-01 through OF-5 are required and must be uploaded as an attachment (s) on HIePRO before the bid closing.

The Stadium Authority reserves the right:

• To accept or reject any or all bids and to waive any minor or inadvertent discrepancy in the bid documents.

• To withhold award of contract for a period of thirty (30) calendar days from the date of bid opening.

2. Tax Liability. Work to be performed under this solicitation is a business activity taxable under Chapter 237, HRS, and Chapter 238, HRS, where applicable. Bidders are advised that the gross receipts derived from this solicitation are subject to the 4.712% general excise tax (GET) imposed by Chapter 237, HRS.

3. Hawaii General Excise Tax License. The Bidder shall submit its current Hawaii GET I.D. number in the space provided with its bid, thereby attesting that the Bidder is doing business in the State and will pay such taxes on all sales made to the State of Hawaii.

4. Bid Price. The total bid amount shall be the all-inclusive cost to the Stadium Authority, including all applicable taxes and fees, for providing the services specified.

The Stadium Authority is not responsible for and shall not pay overtime pay resulting from the Contractor’s scheduling of staff.

The bid shall include all administrative and personnel costs and any increase in costs for benefits required by law that are automatically increased as a result of increased wages, such as Federal old age benefits, workers’ compensation, temporary disability insurance, unemployment insurance, and prepaid public health insurance.

The award will be made to the lowest, responsive bid.

5. Bid Guaranty. A bid guaranty is not required for this solicitation.

6. Insurance. The Bidder is required to maintain in full force and effect during the life of the contract, liability insurance on an occurring basis to protect the Bidder from claims for damages for personal injury, accidental death, and property damage, which may arise from operations under the contract, whether such operations be by himself or by anyone directly or indirectly employed by either of them (see Section 3.9 Liability Insurance). The Bidder shall provide the requested insurance information on its Bid Form where indicated.

7. References. The Bidder shall list on its Bid Form where indicated a list of companies or government agencies for which the Bidder has provided or is currently providing services similar in nature to the services specified herein. The SA reserves the right to contact the references provided. The SA also reserves the right to reject any Bidder who has performed unsatisfactorily on other jobs of a nature similar to those required by this IFB.

8. Wage Certificate. The Bidder shall complete and submit a Wage Certificate, Bid Form OF-5, with its bid, as an attachment on HIePRO, by which the Bidder certifies that services required will be performed pursuant to §103-55, HRS.

3.3 SUBMISSION OF BID

The Bidder must complete and submit Bid Form OF-1 through OF-5, along with copy proof of insurance. Bid Forms pages may be downloaded from the HIePRO website (see Attachment A).

All required forms and documents must be submitted electronically, as an attachment, through HIePRO by the deadline specified in Section 1.3 Schedule. Bidders are responsible for ensuring that all required forms and documents are attached when submitting their bid, otherwise a responsive bid from a responsible Bidder may not receive the award.

Bids received outside of the specified deadline and/or by any means other than via HIePRO (i.e.

hand delivery, regular postal mail, electronic mail, etc.) shall be rejected and will not be considered for award. There shall be no exception to this requirement.

3.4 RESPONSIBILITY OF BIDDERS

The Bidder, if determined to be qualified and submitting the lowest responsive bid, is required to submit a “Certificate of Vendor Compliance” as proof of compliance with the requirements of §103D-310(c), HRS. This involves evidence of the following:

Chapter 237, tax clearance;

Chapter 383, unemployment insurance;

Chapter 386, workers compensation;

Chapter 392, temporary disability insurance;

Chapter 393, prepaid health care; and

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

As proof of compliance, the Bidder must furnish to the SA a current and valid Certificate of Vendor Compliance from the Hawaii Compliance Express (“HCE”) system prior to award of a contract. If the Bidder is not compliant on HCE at the time of award, the Bidder will not receive the award.

Bidders must use the Hawaii Compliance Express in order to provide proof of compliance. HCE allows businesses to register online through a simple wizard interface at http://vendors.ehawaii.gov to acquire a “Certification of Vendor Compliance.” The HCE provides current compliance status as of the certificate issuance date. The “Certificate of Vendor Compliance” indicating that vendor’s status is compliant with the requirements of §103D-310 (c), HRS shall be required for the execution of a contract and final payment.

The HCE is an electronic system that allows vendors/contractors/service providers doing business with the State to quickly and easily demonstrate compliance with applicable laws. It is an online system that replaces the necessity of obtaining paper compliance certificates from the Department of Taxation, Federal Internal Revenue Service, Department of Labor and Industrial Relations, and Department of Commerce and Consumer Affairs.

The SA may check HCE for compliance at any time. Non-compliance may result in a Bidder not receiving an award, delay of payment, or cancellation of award.

The SA will verify compliance with Hawaii Compliance Express (HCE) throughout the term of the contract.

3.5 CERTIFICATION OF INDEPENDENT COST DETERMINATION

By submission of a bid in response to this IFB, the Bidder certifies as follows:

The costs in its bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder, as to any matter relating to such costs for the purpose of restricting competition.

Unless otherwise required by law, the costs in its bid have not been knowingly disclosed by the Bidder prior to awarding, directly or indirectly, to any other Bidder or competitor prior to the award of the contract.

No other attempt has been made or will be made by the Bidder to indicate any other person or firm to submit or not to submit for the purpose of restricting competition.

3.6 DISQUALIFICATION OF BIDS

The SA reserves the right to disqualify any Bidder if, in SA’s sole discretion, the SA determines that the Bidder does not have the requisite experience or expertise to provide the required services.

The SA reserves the right to consider as acceptable only those bids submitted in accordance with all requirements set forth in this IFB and which demonstrate an understanding of the specifications listed herein. Any bid offering any other set of terms and conditions contradictory to those included in this IFB may be disqualified without further notice.

The Bidder shall be disqualified if, for any prior solicitations by SA, the Bidder has ever:

• Withdrawn its bid after SA has opened the bids; or,

• Performed unsatisfactorily on any other previously awarded contract by the SA.

3.7 CANCELLATION OF SOLICITATIONS AND REJECTION OF BIDS

Section 103D-308, HRS, provides that an invitation for bid, or any or all bids, may be rejected in whole or in part as may be specified in the solicitation, when it is in the best interest of the governmental body which issued the invitation, in accordance with rules adopted by the procurement policy board created in Section 103D-104, HRS, and more thoroughly explained in subchapter 11, Sections 3-122-96 and 3-122-97, HAR. The reasons therefore shall be made part of the contract file.

3.8 CAMPAIGN CONTRIBUTIONS BY STATE AND COUNTY CONTRACTORS

CAMPAIGN CONTRIBUTIONS BY STATE AND COUNTY CONTRACTORS PROHIBITED If awarded a contract in response to this solicitation, BIDDER agrees to comply with HRS §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.

3.9 LIABILITY INSURANCE

The following minimum insurance coverage(s) and limit(s) shall be provided by the Contractor:

Coverage Limits

Commercial General Liability $1,000,000 combined single limit per occurrence for bodily injury and property damage.

Workers’ Compensation: The CONTRACTOR shall maintain workers’ compensation and employer’s liability insurance that comply with statutory limits

Automobile Liability $2,000,000 general aggregate $1,000,000 combined single limit per occurrence for bodily injury and property damage

Each insurance policy required shall contain the following clauses:

1. “This insurance shall not be cancelled, limited in scope of coverage or non-renewed until after 30 days’ written notice has been given to the State of Hawaii, Department of Business, Economic Development and Tourism, Stadium Authority, P.O. Box 30666, Honolulu, Hawaii, 96820-0666”

2. “The State of Hawaii is added as an additional insured as respect to operations performed for the State of Hawaii”

3. “It is agreed that any insurance maintained by the State of Hawaii will apply in excess of, and not contribute with, insurance provided by this policy.”

4. “Waiver of Subrogation”

The minimum insurance required shall be in full compliance with the Hawaii Insurance Code throughout the entire term of the contract, including supplemental agreements.

Prior to the commencement of the work, the Bidder agrees to deposit with the State of Hawaii certificate(s) of insurance necessary to satisfy the State that the insurance provisions have been complied with. Failure of the Bidder to provide and keep in force such insurance shall be regarded as material default, entitling the State to exercise any or all of the remedies provided for the termination of services.

The procuring of such required insurance shall not be construed to limit Bidder’s liability hereunder nor to fulfill the indemnification provisions and requirements. Notwithstanding said policy or policies of insurance, Bidder shall be obligated for the full and total amount of any damage, injury, or loss caused by negligence or neglect connected with the services.

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

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

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

3.10 WAGE CERTIFICATE

The bidder shall complete and submit the wage certificate by which bidder certifies that service required will be performed pursuant to §103-55, HRS.

Applicable bidders are advised that §103-55, HRS, provides that the services to be performed shall be performed by employees paid at wages not less than wages paid to public officers and employees for similar work.

3.11 AWARD OF CONTRACT

A Notice of Award, if made, will be issued to the responsive, responsible Bidder submitting the lowest total sum bid. The Bidder is required to bid on every line item specified on the Attachment 1 Bid Forms OF 4 to be considered for award.

In the event the total sum bid of all bidders received exceeds the project control budget, the SA reserves the right to make an award to the apparent lowest bidder if additional funds are available, or by negotiating a reduction of the Scope of Work that is mutually agreed upon by both the SA and the apparent lowest Bidder.

The final award of the contract hereunder will be conditioned upon: (1) SA having the right to hold all bids for a period of ninety (90) calendar days from the date of bid opening, during which no bids shall be withdrawn, and (2) funding availability and release.

3.12 EXECUTION OF CONTRACT

The SA shall forward to the Winning Bidder a formal contract to be signed and returned to the SA within seven (7) calendar days or as otherwise indicated by the SA. No work is to be undertaken by the Contractor prior to the commencement date specified on the Notice to Proceed letter issued by the SA upon execution of the contract by both parties. No performance and payment bonds are required.

3.13 NOTICE TO PROCEED

Work will commence on the official commencement date specified on the Notice to Proceed letter issued by the SA upon execution of the contract.

3.14 INVOICING

The Contractor to provide monthly (or as otherwise required and agreed to) invoices to SA detailing hours provided for work completed. Invoices will be accompanied with detailed reports to support hours of services by Contractor.

• For each service call or on-site call, Contractor shall invoice SA a minimum of (1) hour base labor-service charge.

• Each fraction of an hour shall be rounded to the nearest quarter of an hour.

For example:

A. A service call starting at 8:00 am and ending at 9:07 am shall be charged for

1.00 hour.

B. A service call starting at 8:00 am and ending at 9:08 am shall be charged for

1.25 hours.

• Contractor shall not bill for travel time.

3.15 PAYMENT

Section 103-10, Hawaii Revised Statutes provides that the Stadium Authority shall have 30 calendar days after receipt of invoice or satisfactory delivery of goods or performance of the services to make payment.

The Contractor to provide monthly (or as otherwise required and agreed to) invoices to SA detailing hours provided for work completed. Invoices will be accompanied with detailed reports to support hours of services by Contractor.

The State will not recognize any requirement established by the Contractor and communicated to the State after award of the contract, which requires payment within a shorter period, or interest payment not in conformance with statute.

The Contractor shall submit invoice(s) to:

Aloha Stadium/Fiscal Office P.O. Box 30666 Honolulu, HI 96820-0666

3.16 RE-EXECUTION OF WORK

The Contractor shall re-execute any work that fails to conform to the requirements of the contract as determined by the SA and shall immediately remedy any defects due to faulty workmanship by the Contractor or subcontractors, as applicable, at the Contractor’s own expense. Should the Contractor fail to comply, the State reserves the right to engage the services of another company to perform the services and to deduct such costs from monies due to the Contractor.

3.17 REMOVAL OF CONTRACTOR’S EMPLOYEES

The Contractor shall remove any of its employees from services rendered, and to be rendered to the State, upon written request by the SA.

3.18 RIGHTS AND REMEDIES FOR DEFAULT

In the event the Contractor fails, refuses, or neglects to perform the services in accordance with the terms and conditions of the IFB, the contract, and all attachments and exhibits thereto, in addition to the recourse stated in Section 13 of the AG-008 103D General Conditions, the SA reserves the right to purchase in the open market, a corresponding quantity of the services specified herein and to deduct from any monies due or that may thereafter become due to the Contractor, the difference between the price named in the contract and the actual cost thereof to the SA. In case any money due to the Contractor is insufficient for said purpose, the Contractor shall pay the difference upon demand by the State. The SA may also utilize all other remedies provided by law.