Polihale rock boulder placement 3.docx

ATTACHMETNT 1

FURNISHING ROCK/BOULDER DELIVERY AND ROCK/BOULDER PLACEMENT SERVICES FROM WAIMEA 400 COUNTY OF KAUAI PARCEL TMK (4) 1-2-006009-0006 TO POLIHALE STATE PARK, KAUAI, HAWAII, DEPARTMENT OF LAND AND NATURAL RESOURCES, DIVISION OF STATE PARKS

SPECIAL PROVISIONS

1. SCOPE OF WORK

Contractor shall furnish all labor, equipment, tools, and transportation to perform all operations in connection with providing the delivery of boulders located at the Waimea 400 County of Kauai parcel TMK (4) 1-2-006009-0006 to Polihale State Park.

The Department of Land and Natural Resources (DLNR), Division of State Parks will require 300 blue rock boulders ranging in diameters no smaller than 30” to no larger than 50”.

The contractor will be responsible for the loading, delivery, and unloading of the required sized rocks from the Waimea 400 site to a staging area provided by the State of Hawaii. Contractor will then place a total of 300 blue rock boulders in the sand dunes located from Queens Pond to Polihale restroom #5. Rock/boulder placement will be identified on site by DLNR State Park Staff.

The contractor will also purchase and deliver 400 tons of 3” minus rock aggregates and deliver to a drop site located ¼ mile in Polihale road.

Contractor will provide a Certificate of Insurance listing the County of Kauai as an additional insurer while accessing the Waimea 400 parcel. See attachment B.

CONTRACT ADMINISTRATOR

For the purpose of this contract, David Tsuchiya, Kauai State Parks Superintendent of the Department of Land and Natural Resources, or designee, is the designated Contract Administrator (CA). The telephone number at which he may be reached is 808-274-3447.

TERM OF CONTRACT

The term of this contract shall be for a 1 time delivery and installation of the parts and materials listed above. The contract shall begin once an approved purchase order has been received by the Department of Land and Natural Resources, Division of State Parks. Contract end shall be when payment has been received by the contractor from the State of Hawaii, Division of State Parks.

OFFEROR QUALIFICATIONS

Offeror must be (HCE) Hawaii Compliance Express certified. Offeror must also have a permanent office location in Hawaii where he/she will be accessible to telephone calls regarding complaints or requests that need immediate attention. Offeror shall have adequate equipment and number of employees to perform and complete the work specified herein within the period specified if awarded the contract.

BID QUOTATION

Unit bid price shall include labor, parts, all applicable taxes and any other costs incurred to provide services specified above.

GENERAL

1. All work must be done between 7:00 AM and 4:30 PM, Monday through Friday, except on State Holidays

2. The Contractor shall provide safety signs, barricades, and other devices necessary for the safety and convenience of the general public. The Contractor shall at all times conduct his/her work to assure the least possible disruption to normal public traffic (vehicular and pedestrian), allowing for the free flow of traffic and public right of ways.

3. Any damage to plants and other property or items in the area and adjoining properties shall be repaired and/or replaced by the contractor at his/her own expense and restored to the satisfaction of the Contract Administrator and the injured party(ies).

SITE INSPECTION

Prior to submittal of an offer, offerors may inspect the location to familiarize themselves with existing conditions, rules and regulations, and the extent and nature of work to be performed. The State of Hawaii, Department of Land and Natural Resources, Division of State Parks will have a site meeting on , May 14,2024 at 8:00 AM beginning at the Waimea 400 and ending at the Polihale State Park. Submission of an offer shall be evidence that the offeror understands the scope of the project and shall comply with specifications herein, if awarded the contract. No additional compensation, subsequent to bid opening, shall be allowed by reason of any misunderstanding or error regarding site conditions or work to be performed.

Tax Liability Work to be performed under this solicitation is a business activity taxable under Chapter 237, HRS, and vendors are advised that they are liable for the Hawaii General Excise Tax (GET) at the current 4% rate. If, however an Offeror is a person exempt by the HRS from paying the GET and therefore not liable for the taxes on this solicitation, Offeror shall state its tax exempt status and cite the HRS chapter or section allowing the exemption.

Award of Contract Compliance – “Offeror is advised that in order to be awarded a contract under this solicitation, the vendor/contractor/service provider will be required to be compliant with all laws governing entities doing business in the State including the following chapters and pursuant to HRS 103D-310©:

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. Section 103D-310©, Certificate of Good Standing for entities doing business in the State. The State will verify compliance on Hawaii Compliance Express for awards $2500 or greater. 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. Vendors/contractors/service providers should register with (HCE) prior to submitting an offer at https://vendors.ehawaii.gov. The annual registration fee is $12.00 and the Certificate of Vendor Compliance is accepted for both contracting and final payment.

LIABILITY INSURANCE

The Contractor shall maintain in full force and effect during the life of this contract, liability and property damage insurance to protect the Contractor and his subcontractors, if any, from claims for damages for personal injury, accidental death and property damage which may arise from operations under this contract, whether such operations be by himself or by a subcontractor or anyone directly or indirectly employed by either of them. If any subcontractor is involved in the performance of the contract, the insurance policy or policies shall name the subcontractor as additional insured.

As an alternative to the Contractor providing insurance to cover operations performed by a subcontractor and naming the subcontractor as additional insured, Contractor may require subcontractor to provide its own insurance which meets the requirements herein. It is understood that a subcontractor's insurance policy or policies are in addition to the Contractor's own policy or policies.

The following minimum insurance coverage(s) and limit(s) shall be provided by the Contractor, including its subcontractor(s) where appropriate.

$2,000,0000 general aggregate Automobile Liability $1,000,000 combined single limit per occurrence $1,000,000 bodily injury per person and per accident $1,000,000 property damage per accident

Each insurance policy required by this contract, including a subcontractor's policy, shall contain the following clauses:

The State will verify compliance on Hawaii Compliance Express (HCE) for awards $2,500 or greater. The HCE is an electronic system that allows vendors/contractors/ services 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.

Vendors/contractors/service providers should register with (HCE) prior to submitting an offer at https://vendors.ehawaii.gov. The annual registration fee is $12.00 and the ‘Certificate of Vendor Compliance’ is accepted for both contracting and final payment.”

1. "This insurance shall not be canceled, limited in scope of coverage or non-renewed until after 30 days written notice has been given to the State of Hawaii, Department of Land and Natural Resources, Division of State Parks, P. O. Box 621, Honolulu HI 96809.”

2. "The State of Hawaii is added as an additional insured as respects 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

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

Upon Contractor's execution of the contract, the Contractor agrees to deposit with the State of Hawaii certificate(s) of insurance necessary to satisfy the State that the insurance provisions of this contract have been complied with and to keep such insurance in effect and the certificate(s) therefore on deposit with the State during the entire term of this contract, including those of its subcontractor(s), where appropriate. Upon request by the State, Contractor shall be responsible for furnishing a copy of the policy or policies.

Failure of the Contractor to provide and keep in force such insurance shall be regarded as material default under this contract, entitling the State to exercise any or all of the remedies provided in this contract for a default of the Contractor.

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

START OF WORK

Work will commence within ten (10) calendar days of the date of the notice to proceed issued by the Department of Land and Natural Resources. The Contractor must notify the Contract Administrator in advance before starting work at any location. The Contract Administrator shall schedule the priority of work.

INVOICING

Contractor shall send an original and three (3) copies of the invoice upon completion of all services listed in the purchase order. The original shall state that “This is an original bill”, shall be signed and sent to:

Department of Land and Natural Resources Division of State Parks 3060 Eiwa St .Room 306 Lihue, Hi 96766

Invoice should reference the purchase order number.

A tax clearance certificate, not over two months old, with an original green certified copy stamp, must accompany the invoice for final payment on the contract.

SUBCONTRACTORS

The Contractor shall not delegate any duties unless the Contract Administrator has given written approval. The State reserves the right to approve all subcontractors and shall require the primary contractor to replace any subcontractors found to be unacceptable. The primary contractor will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract, and shall be responsible for all services whether or not the primary contractor performs them.

WORKMANSHIP

All work shall be executed in a workmanlike manner, and shall present a neat appearance when completed. Services rendered shall follow the Scope of Work and these Special Provisions, subject to inspection and approval of the Contract Administrator.

RE-EXECUTION OF WORK

The Contractor shall re-execute any work that fails to conform to the requirements of the contract and shall immediately remedy any defects due to faulty workmanship by the Contractor. 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.