RFQ25HHL005 SIDEWALK REPLACEMENT CONTRACT REQUIREMENTS.pdf

STATE OF HAWAII

DEPARTMENT OF HAWAIIAN HOME LANDS

91-5420 Kapolei Parkway, Kapolei, HI. 96707

Bidding and Contract Requirements

FOR

SIDEWALK REPAIR AT KALAU PL, WAIMANALO

KO’OLAUPOKO, ISLAND OF OAHU, HAWAII

RFQ NO.: RFQ-25-HHL-005

OCTOBER 2024

TABLE OF CONTENTS

RFQ-25-HHL-005

I. DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS

TABLE OF CONTENTS ....................................................................................................................................... TC-1

INSTRUCTION FOR BID SUBMITTAL ...............................................................................................................1-10

BID OFFER FORM .................................................................................................................................................. 1-9

GENERAL CONDITIONS (STATE OF HAWAII: AG-008 103D) ........................................................................ 1-16

STANDARD QUALIFICATION QUESTIONNAIRE FOR OFFERORS (FORM SPO-21) 6-16-2003) .................. 1-17

CHAPTER 104, HRS REQUIREMENTS .................................................................................................................. 1-2

STATE WAGE RATE BULLENTION NO. 507, SEPTEMBER 16, 2024 ................................................................ 1-10

APPRENTICE SCHEDULE BULLENTION NO. 507, SEPTEMBER 16, 2024 ...................................................... 1-8

II. SCOPE OF WORK, TECHNICAL SPECIFICATIONS AND LOCATION IMAGES

SCOPE OF WORK ..................................................................................................................................................... 1-4

SITE IMAGES AND PICTURES ............................................................................................................................... 1-4

STANDARD DETAILS FOR CONCRETE, CURB & GUTTER, STORM DRAINS AND UTILITY BOXES ...... 1-61

TMK MAP LOCATION

Clearing of 22 Vacant Lots in Kawaihae Subdivision RFQ-25-HHL-009 September 2024 TC - 1 Bidding and Contract Requirements

Instructions for Bid Submittal

General Instructions for Bid Submittal

The bid offer form must be completed and uploaded on HIePRO by the required due date and time, and in the form prescribed by the DHHL. Electronic mail and facsimile transmissions shall not be accepted.

For your convenience, an “RFQ Checklist for Bidders” is included in this section for your use.

No supplemental literature, brochures or other unsolicited information should be included in the bid packet.

A written response is required for each item unless indicated otherwise.

Bid documents and all certifications should be written legibly or typed and completed with black ink.

I. RFQ SCHEDULE AND CHECKLIST FOR BIDDERS:

DATE OR DEADLINE REQUIRED DESCRIPTION

Request for Quotes No.:

Project Name:

RFQ-25-HHL-005

SIDEWALK REPAIR AT KALAU PL, WAIMANALO

October 14, 2024

Pre-Bid Conference and Site Inspection will be held on at 9:30 A.M HST

Pre-bid Conference will be held at 41-217 Kalau Pl., Waimanalo, TMK: 4-1-030:053

October 15, 2024

October 18, 2024

No Written Questions (if any) Due on HIePRO not later than 2:00 P.M HST

Responses to Questions DHHL will post responses to the questions no later than

4:00 P.M. HST

October 29, 2024

Yes Bid Offer Due (no later than) Due on HIePRO not later than 2:00 P.M. HST

*The Bid Offer Form must be uploaded and included as an attachment with your bid on HIePRO. Failure to attach the Bid Offer Form with your bid on HIePRO may be grounds for rejection of your bid.

II. PROPOSAL REQUIREMENTS AND CONDITIONS

A. QUALIFICATION OF BIDDERS.

Prospective Bidders must be capable of performing the work for which bids are invited, and must be capable of entering into a public contract of $25,000 (twenty-five thousand dollars) or more.

B. STANDARD QUALIFICATION QUESTIONNAIRE FOR OFFERORS

1. In compliance with HRS Section 103D-310, the lowest responsive and responsible bidder may be required to complete a standard questionnaire. The completed questionnaire shall be submitted to the DHHL for evaluation when required.

2. If required, the lowest responsive and responsible bidder shall submit answers to questions contained in the STANDARD QUALIFICATION QUESTIONNAIRE FOR OFFERORS (SPO Form-21), properly executed and notarized, setting forth a complete statement of the lowest responsive and responsible bidder’s experience.

3. If upon review of the Questionnaire, or otherwise, the Bidder appears not fully qualified or able to perform the intended work, the Chairman shall, after affording the Bidder an opportunity to be heard and if still of the opinion that the Bidder is not fully qualified to perform the work, refuse to receive or to consider any bid offered by the prospective Bidder.

4. Failure to complete and submit the prequalification questionnaire by the designated deadline will be sufficient cause for the Department to disqualify a prospective Bidder.

C. BID OFFER FORM

1. Prospective Bidders are being furnished with the bid offer form giving the location, description, and the contract time of the work contemplated for which a lump sum bid price is asked or containing a schedule of items, together with estimated quantities of work to be performed and materials to be furnished, for which unit bid prices and/or lump sum bid prices are asked.

2. All papers bound with or attached to the proposal form shall be considered a part thereof and shall not be detached or altered when the proposal is submitted. The bid offer form shall be uploaded and included as an attachment along with your bid offer form submitted on HIePRO.

3. The drawings, specifications and other documents designated in the bid offer form will also be considered a part thereof whether attached or not.

4. When quantities for individual items of work are listed in the bid offer form for which respective unit prices are asked, said quantities are estimated or approximate and are to be used by the Department only for the purpose of comparing on a uniform basis bids offered for the work. The Department does not, expressly or by implication agree that the actual quantity of work will correspond therewith.

5. On unit price bids, payment will be made only for the actual number of units incorporated into the finished project at the unit price bid, subject to DHHL Construction General Conditions (CGC), Section 4.7, VARIATIONS IN

ESTIMATED QUANTITIES.

6. The Bidder’s proposal must be submitted on the bid offer form furnished by the Department. The proposal must be prepared in full accordance with the instructions herein. The Bidder must state, both in words and numerals, the lump sum price or total sum bid at which the work contemplated is proposed to be done. These prices must be written in ink or typed. In case of a discrepancy between the prices written in words and those written in figures, the words shall govern over the figures. The Bidder shall sign the proposal in the spaces provided with ink.

7. If the proposal is made by an individual, the person’s name and post office address must be shown in the space provided. If made by a partnership, the name and post office address of each member of the partnership must be shown and the proposal signed by all partners or evidence in the form of a partnership agreement must be submitted showing the authority of the partner to enter, on behalf of said partnership, into contract with the Department. If made by a corporation the proposal must show the name, title and business address of the president, secretary and treasurer and also evidence in the form of a corporate resolution must be submitted showing the authority of the particular corporate representative to enter on behalf of said corporation into contract with the Department. If made by a joint-venture the name and post office address of each member of the individual firm, partnership or corporation comprising the joint-venture must be shown with other pertinent information required of individuals, partnerships or corporations as the case may be. The proposal must be signed by all parties to the joint-venture or evidence in the form of a Joint-Venture Agreement must be submitted showing the authority of the joint-venture’s representative to enter on behalf of said joint-venture into contract with the Department.

8. Pursuant to the requirements of Section 103D-302, HRS, each Bidder shall include in its bid the name of each person or firm to be engaged by the Bidder on the project as joint contractor or subcontractor indicating also the nature and scope of work to be performed by such joint contractor and/or subcontractor and their respective contractor’s license number. A joint contractor or subcontractor performing less than or equal to one percent of the total bid amount is not required to be listed in the proposal. The Bidder shall be solely responsible for verifying that their joint contractor or subcontractor has the proper license at the time of the submitted bid.

9. It is understood and agreed that the Contractor shall make no claim for anticipated profit, loss of profit or unabsorbed field, branch or home office overhead and impact losses due to the exercise of the Departments right to eliminate entire portions of the work or to increase or decrease any or all the quantities shown in the proposal form.

10. By submitting a bid on the bid offer form, a Bidder accepts the language therein as its own.

D. BID SECURITY

No bid security is required for this RFQ.

E. BIDDER’S RESPONSIBILITY FOR EXAMINATION OF CONTRACT

DOCUMENTS, SITE OF WORK, ETC.

The Bidder shall carefully examine the project site contemplated all Contract Documents and any documents or items referenced therein and contract and bond forms therefore.

The submission of a bid shall be considered as a warranty that the Bidder has made such examination and is informed of the conditions to be encountered in performing the Work and of the requirements of the Contract Documents and any documents and items referenced therein, and contract and bonds.

F. DELIVERY OF BID OFFER FORM.

The entire Bid Offer Form shall be uploaded and added as an attachment to your submission on HIePRO. Bids which do not comply with this requirement may not be considered. Bids will be received up to the time stated on the HIePRO solicitation.

G. WITHDRAWAL OR REVISION OF PROPOSAL. Proposal may be modified prior to the deadline to submit the proposal by any of the following documents:

1 Withdrawal of Proposals:

(a) A signed, written notice received in the office designated in the solicitation; or

(b) A signed written notice faxed to the office designated in the solicitation.

2 Modification of Proposals:

(a) A signed written notice received in the office designated in the solicitation, accompanied by a duly executed certificate of resolution for corporations, partnerships and joint-ventures, stating that a modification to the proposal is submitted; and

(b) The actual modification sealed securely in a separate envelope or container, accompanying the written notice.

H. DISQUALIFICATION OF BIDDERS. Any one or more of the following causes will be considered as sufficient for the disqualification of a Bidder and the rejection of its proposal or proposals:

1. Non-compliance with Section I.A. QUALIFICATION OF BIDDERS;

2. Evidence of collusion among Bidders;

3. Lack of responsibility and cooperation as shown by past work such as failing to complete all of the requirements to close the project within a reasonable time or engaging in a pattern of unreasonable or frivolous claims for extra compensation;

4. Being in arrears on existing contracts with the State of Hawaii, or having defaulted on a previous contract with the State of Hawaii;

5. Lack of proper equipment and/or sufficient experience to perform the work contemplated, as revealed by the Standard Questionnaire and Financial Statement for Bidders;

6. No contractor’s license or a contractor’s license which does not cover type of work contemplated;

7. More than one proposal for the same work from an individual, firm, partnership, corporation or joint venture under the same or different name;

8. Delivery of bids after the deadline specified in the advertisement calling for bids;

9. Failure to pay, or satisfactorily settle, all bills overdue for labor and materials of former contracts in force at the time of issuance of proposal forms; and/or

10. Debarment or suspension pursuant to the provisions of Chapters 103D, 104 and 444, Hawaii Revised Statutes, as amended.

I. PROTESTS

1. Protests shall be governed by Section 103D-701, Hawaii Revised Statutes, and amended hereafter, and its implementing rules set forth in Title 3, Chapter 126, Subchapter 1, of the Hawaii Administrative Rules, and as amended hereafter.

2. The Chairman is the Department’s chief procurement officer to whom protests shall be addressed unless specified otherwise in the solicitation.

J. WRONGFUL REFUSAL TO ACCEPT A BID.

In the event the Chairman, for any reason, wrongfully refuses to accept what would otherwise be a responsive and responsible lowest bid, the exclusive remedy for such lowest Bidder shall be the recovery of the reasonable actual costs of preparing the bid.

No other Bidder shall have any claim for damages.

III. AWARD AND EXECUTION OF CONTRACT

A. CONSIDERATION OF PROPOSALS; CANCELLATION.

After the proposals are opened and read, the figures will be extended and/or totaled in accordance with the bid prices of the acceptable proposals and the totals will be compared and the results of such comparison shall be made public. In the event of a tie bid, the low Bidder shall be determined by lot. In the comparison of bids, words written in the proposals will govern over figures and unit prices will govern over totals. Until the award of the contract, the Department may cancel the solicitation, reject any and all proposals in whole or part and may waive any defects or technicalities whenever such action is deemed to be in the best interest of the Department.

B. IRREGULAR PROPOSALS.

Proposals will be considered irregular and may be rejected for the following reasons:

1. If the proposal is unsigned.

2. If proposal is on a form other than that furnished by the Department; or if the form is altered or any part thereof detached.

3. If the proposal shows any non-compliance with applicable law, alteration of form, additions not called for, conditional bids, incomplete bids, non-initialed erasures, other defects, or if the prices are obviously unbalanced.

4. If the Bidder adds any provisions reserving the right to accept or reject an award.

5. If the Bidder adds any provisions reserving the right to enter into a contract pursuant to an award.

6. When a proposal is signed by an officer or officers of a corporation and a currently certified corporate resolution authorizing such signer(s) to submit such proposal is not submitted with the proposal or when the proposal is signed by an agent other than the officer or officers of a corporation or a member of a partnership and a power of attorney is not submitted with the proposal.

7. Where there is an incomplete or ambiguous listing of joint contractors and/or subcontractors the proposal may be rejected. All work which is not listed as being performed by joint contractors and/or subcontractors must be performed by the Bidder with its own employees. Additions to the list of joint contractors or subcontractors will not be allowed. Whenever there is a doubt as to the completeness of the list, the Bidder will be required to submit within five (5) working days, a written confirmation that the work in question will be performed with its own work force. Whenever there is more than one joint contractor and/or subcontractor listed for the same item of work, the Bidder will be required to either confirm in writing within five (5) working days that all joint contractors or subcontractors listed will actually be engaged on the project or obtain within five

(5) working days written releases from those joint contractors and/or subcontractors who will not be engaged.

8. If in the opinion of the Chairman, the Bidder and/or its listed subcontractors do not have the contractor’s licenses or combination of contractor’s licenses necessary to complete all of the work.

C. CORRECTION OF BIDS AND WITHDRAWAL OF BIDS (§3-122-31 HAR)

1. Corrections to bids after bid openings but prior to award may be made under the following conditions:

(a) If the mistake is attributable to an arithmetical error, the Chairman shall so correct the mistake. In case of error in extension of bid price, the unit price shall govern.

(b) If the mistake is a minor informality which shall not affect price, quantity, quality, delivery, or contractual conditions, the Bidder shall request correction by submitting proof of evidentiary value which demonstrates that a mistake was made. The Chairman shall prepare a written approval or denial in response to this request. Examples of such mistakes include:

(1) Typographical errors;

(2) Transposition errors;

(3) Failure of a Bidder to sign the bid, but only if the unsigned bid is accompanied by other material indicating the Bidder’s intent to be bound.

(c) For reasons not allowable under Subsections II.C.1.(a) and II.C.1.(b) when the Chairman determines that the correction or waiver of an obvious mistake is in the best interest of the Department or is warranted for the fair treatment of other Bidders.

2. Withdrawal of bids after bid opening but prior to award may be made when the bid contains a mistake attributable to an obvious error which affects price, quantity, quality, delivery, or contractual conditions, and the Bidder requests withdrawal by submitting proof of evidentiary value which demonstrates that a mistake was made. The Chairman shall prepare a written approval or denial in response to this request.

3. Correction or withdrawal of bids after award is not permissible except in response to a written withdrawal or correction request by the Contractor, and the Chairman makes a written determination that the Department’s procurement practices and policies would not be materially affected by such correction or withdrawal.

D. AWARD OF CONTRACT

1. The award of contract, if it be awarded, will be made within one hundred twenty

(120) consecutive calendar days after the opening of the proposals to the lowest responsible and responsive Bidder (including the alternate or alternates which may be selected by the Chairman in the case of alternate bids) whose proposal complies with all the requirements prescribed, but in no case will an award be made until all necessary investigations are made. The successful Bidder will be notified, by letter mailed to the address shown on the proposal, that its bid has been accepted and that it has been awarded the contract.

2. If the contract is not awarded within the one hundred twenty (120) days noted in Subsection II.D.1 above, the Department may request the successful Bidder to extend the time for the acceptance of its bid. The Bidder may reject such a request without penalty; and in such case, the Department may at its sole discretion make a similar offer to the next lowest responsive and responsible Bidder and so on until a bid is duly accepted or until the Department elects to stop making such requests.

3. No contract will be awarded to any person or firm suspended or debarred under the provisions of Chapters 103D, 104 and Chapter 444, Hawaii Revised Statutes as amended.

4. The contract will be drawn on the forms furnished by the Chairman. The contract will not be binding on the Department until all required signatures have been affixed thereto and written certification that funds are available for the work has been made.

5. Prior to award of the contract, the Department shall verify compliance with Sections 103D-310 and 103D-328 HRS via Hawaii Compliance Express (HCE).

E. CANCELLATION OF AWARD.

The Department reserves the right to cancel the award of any contract at any time before the execution of said contract by all parties. The exclusive remedy to the awardee for such cancellation shall be payment of the reasonable bid preparation costs and the reimbursement of any direct expenses incurred as directed in the Notice of Award. Such cancellation will not incur any liability by the Department to any other Bidder.

F. REQUIREMENT OF PERFORMANCE AND PAYMENT BONDS

1. Performance and Payment Bonds shall be required for contracts $50,000 (fifty thousand dollars) and higher. At the time of the execution of the contract, the successful Bidder shall file good and sufficient performance and payment bonds on the form furnished by the Department, each in an amount equal to one hundred percent (100%) of the amount of the contract price unless otherwise stated in the solicitation of bids. Acceptable performance and payment bonds shall be limited to the following:

2 Surety bonds underwritten by a company licensed to issue bonds in this State; or

3. A certificate of deposit; credit union share certificate; or cashier’s, treasurer’s, teller’s or official check drawn by, or a certified check accepted by, and payable on demand to the Department by a bank, a savings institution, or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.

(a) These instruments may be utilized only a maximum of $100,000 (one hundred thousand dollars).

(b) If the required security or bond amount totals over $100,000 (one hundred thousand dollars), more than one instrument not exceeding $100,000 (one hundred thousand dollars) each and issued by different financial institutions shall be acceptable.

4. If the Contractor fails to deliver the required performance and payment bonds, the

Contractor's award shall be canceled, the Department shall have the remedies provided below under FAILURE TO EXECUTE THE CONTRACT and award of the contract shall be made to the next lowest responsible and responsive Bidder.

G. EXECUTION OF THE CONTRACT

1. The contract shall be signed by the successful Bidder and returned, together with satisfactory performance and payment bonds, within ten (10) calendar days after the Bidder is awarded the contract for execution or within such further time as the Chairman may allow. No proposal or contract shall be considered binding upon the Department until the contract has been fully and properly executed by all parties thereto. For projects funded with State Capital Improvement Project (CIP) funds, the Chairman shall also endorse thereon its certificate, as required by Section 103D-309, HRS, that there is an available unexpended appropriation or balance of an appropriation over and above all outstanding contracts sufficient to cover the Department’s amount required by such contract.

2. On any individual award totaling less than $25,000 (twenty five thousand dollars), the Department reserves the right to execute the contract by the issuance of a Purchase Order. Issuance of a Purchase Order shall result in a binding contract between the parties without further action by the Department. The issuance of a Purchase Order shall not be deemed a waiver of the General Conditions, and Contract Document requirements.

H. FAILURE TO EXECUTE THE CONTRACT

1. Before the Award. If a low Bidder without legal justification withdraws its bid after the opening of bids but before the award of the contract, the Department shall be entitled to retain as damages the amount established as bid security, and may take all appropriate actions to recover the damages sum from the property or third-party obligations deposited as bid security.

2. After the Award. If the Bidder to which a contract is awarded shall fail or neglect to enter into the contract and to furnish satisfactory security within ten (10) calendar days after such award or within such further time as the Chairman may allow, the Department shall be entitled to recover from such Bidder its actual damages, including but not limited to the difference between the bid and the next lowest responsive bid, as well as personnel and administrative costs, consulting and legal fees and other expenses incurred in arranging a contract with the next low responsible and responsive Bidder or calling for new bids. The Department may apply all or part of the amount of the bid security to reduce its damages. If upon determination by the Department that the bid security exceeds the amount of its damages, it shall release or return the excess to the person who provided same.

3. Chairman’s Options. Upon a withdrawal of the lowest responsive bid, or upon a refusal or failure of the lowest Bidder to execute the contract, the Chairman may thereupon award the contract to the next lowest responsible and responsive Bidder or may call for new bids, whichever method the Chairman may deem to be in the best interests of the Department.

Sidewalk Repair at Kalau Pl, Waimanalo Bid Offer Form RFQ-25-HHL-005 1 October 2024

STATE OF HAWAII

DEPARTMENT OF HAWAIIAN HOME LANDS

BID OFFER FORM FOR

SIDEWALK REPAIR AT KALAU PLACE, WAIMANALO

KO’OLAUPOKO, ISLAND OF OAHU, HAWAII

RFQ No.: RFQ-25-HHL-005

Chairperson Hawaiian Homes Commission Department of Hawaiian Home Lands 91-5420 Kapolei Parkway Kapolei, Hawaii 96707

The undersigned has carefully examined, read, and understands the terms and conditions in the Plans and Specifications, Special Conditions attached hereto, DHHL Construction General Conditions, and General Conditions specified in the Request for Quotes (RFQ) No. RFQ-25-HHL-005. The State of Hawaii’s (State) Contract for Goods and Services Based on Competitive Sealed Bids AG-003 Rev. 6/22/2009, AG-008 103D General Conditions, are included by reference and made part hereof and available upon written request to the Procurement Officer. The undersigned herby submits the following offer to perform the work for RFQ No. RFQ-25-HHL-005 as specified herein, all in accordance with the true intent and meaning thereof.

The undersigned understands and agrees that:

1. The State reserves the right to reject any and all offers and to waive any items that are defective when, in the State’s opinion, such rejection or waiver will be in the best interest of the State. A solicitation may be rejected in whole or part when in the best interest of the State.

2. If awarded the contract, all services will be in accordance with Hawaii Revised Statutes (HRS) § 103-55.5.

3. In submitting this offer, the Offeror is not in violation of HRS Chapter 84, concerning prohibited State contracts.

4. By submitting this offer, the Offeror certifies that the offer was independently arrived at without collusion and the Offeror did not participate in any practices to restrict competition.

5. It is understood that the failure to receive any addendum shall not relieve the Offeror from any obligation under this IFB.

Date:

The undersigned represents that it is: (Check one only)

□ 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, is or shall be registered at the State of Hawaii Department of Commerce and Consumer Affairs Business Registration Division (DCCA-BREG) to do business in the State of Hawaii.

Sidewalk Repair at Kalau Pl, Waimanalo Bid Offer Form RFQ-25-HHL-005 2 October 2024

State of incorporation:

Offeror is:

□ Sole Proprietor □ Partnership □ Corporation □ Joint Venture □ Other:

Federal ID No.:

Hawaii General Excise Tax ID No.:

Telephone No.:

Fax No.:

E-Mail Address.:

Payment address (other than street address below)

(Street Address, City, State, Zip Code)

Business address

(Street Address, City, State, Zip Code)

Respectfully submitted:

Authorized (Original) Signature

Name and Title (Please Type or Print)

Exact Legal Name of Company (Offeror)

*If Offeror shown above 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 following bid is hereby submitted for SIDEWALK REPAIR AT KALAU PLACE, WAIMANALO; TMK: (1) 4-1-030:053, to the Department of Hawaiian Home Lands.

Insert Bid Schedule here:

Sidewalk Repair at Kalau Pl, Waimanalo Bid Offer Form RFQ-25-HHL-005 3 October 2024

Item No. of Unit Unit No. Units Description Price Total

TOTAL SUM BID

(Items __ to __ Inclusive)……………………………..……….$ _____________________

Utility box replacement (demo and refurbishment)

# 1 Curb and gutter replacement (demo and refurbishment)

# 1

# 1 Sidewalk panel replacement (demo and refurbishment)

# 1 Storm drain box culvert replacement (demo and refurbishment)

TOTAL SUM BID =

Dollars($ ).

The prices herein for the above items shall include all materials, labor, tools, equipment, machinery and all incidentals necessary, inclusive or exclusive of general excise tax to install or to construct these items in place complete and in accordance with the plans and specifications contained in this RFQ.

Sidewalk Repair at Kalau Pl, Waimanalo Bid Offer Form RFQ-25-HHL-005 4 October 2024

ALL JOINT CONTRACTORS OR SUBCONTRACTORS TO BE ENGAGED ON THIS PROJECT

The Bidder certifies that the following is a complete listing of all joint Contractors or Subcontractors covered under Chapter 444, Hawaii Revised Statutes, who will be engaged by the Bidder on this project to perform the nature and scope of work indicated pursuant to Section 103D-302, Hawaii Revised Statutes, and understands that failure to comply with this requirement shall be just cause for rejection of the bid.

The Bidder further understands that only those joint Contractors or Subcontractors listed shall be allowed to perform work on this project and that all other work necessary shall be performed by the Bidder with his own employees. If no joint Contractor or Subcontractor is listed, it shall be construed that all of the work shall be performed by the Bidder with his own employees.

The Bidders must be sure that they possess and that the Subcontractors listed in the bid possess all the necessary licenses needed to perform the work for this project. The bidder shall be solely responsible for assuring that all the specialty licenses required to perform the work are covered in his bid.

The Bidder shall include the license number of the joint Contractors or Subcontractors listed below.

Failure to provide the correct names and license numbers as registered with the Contractor’s Licensing Board may cause rejection of the bid submitted.

Complete Firm Name of Joint Contractor or Subcontractor

License Number

Hawaii Tax ID Number

Nature and Scope of Work to be Performed

(Add additional sheets if necessary)

Sidewalk Repair at Kalau Pl, Waimanalo Bid Offer Form RFQ-25-HHL-005 5 October 2024

METHOD OF AWARD

Bidder is required to bid on the entire project. The low bidder shall be determined by the procedures outlined in items 1) through 4) below:

1) Prior to opening of bids, the State will determine the amount of funds available for the project. This amount will be designated the "control amount". The control amount shall be announced at, and prior to the opening of bids.

2) The Base Bid and Alternate, if any, of each Bidder will be adjusted to reflect the applicable preferences in accordance with Chapter 103D, HRS. The Alternate, if any, will then be added to the Base Bid and compared with the control amount.

3) The low bidder shall be the Bidder having the lowest aggregate amount, within the control amount (after application of the various preferences), for the Base Bid plus the Alternate, if any.

4) If adding the Alternate, if any, would make the aggregate amount exceed the control amount for all Bidders, the low bidder shall be the Bidder having the lowest Base Bid after application of the various preferences.

It is further understood and agreed that:

1) The Chairman reserves the right to reject any and/or all bids and waive any defects when, in his opinion, such rejection or waiver will be in the best interest of the State.

2) After determining the low bidder, an award may be made either on the amount of the Base Bid alone, or including the Alternate (exclusive of preferences), if:

a. It is in the best interest of the State;

b. Funds are available at time of the award; and

c. The combination of the Base Bid plus Alternate does not change the apparent low bidder.

3) In the event the Base Bid for all Bidders exceed the control amount, the Chairman reserves the right to negotiate with the lowest responsible and responsive bidder to award a contract within available funds.

4) In the event the award is made for the Base Bid alone, the Chairman reserves the right to amend the contract at a later date to include the Alternate should funds subsequently become available.

Sidewalk Repair at Kalau Pl, Waimanalo Bid Offer Form RFQ-25-HHL-005 6 October 2024

OTHER CONDITIONS

1) The liquidated damages per working day for failure to complete the work on time have been determined and are noted in the Special Conditions of the sample contract.

2) By submitting this bid, the undersigned is declaring that his firm has not been assisted or represented on this matter by an individual who has, in a State capacity, been involved in the subject matter of this contract in the past one (1) year.

3) By submitting this bid, the undersigned is declaring that Bidder’s own organization will perform at least

20% of the contractor's work. For the purposes of this section, the Contractor's work is defined as: direct cost labor for contractor’s forces; direct cost materials installed by the contractor’s direct cost labor force; direct cost equipment, either owned or leased, used by the contractor’s direct cost labor force; and field overhead cost to include: field supervision, field office trailer (if any), field office equipment and supplies, etc.

4) Upon the acceptance of the bid by the Chairman, the undersigned must enter into and execute a contract for the same and furnish a Performance and Payment Bond, as required by law. These bonds shall conform to the provisions of Sections 103D-324 and 325, Hawaii Revised Statutes, and any law applicable thereto.

5) The quantities given herewith are approximate only and are subject to increase or decrease.

6) The estimated quantities shown for items for which a UNIT PRICE is asked in this bid are only for the purpose of comparing on a uniform basis bids offered for the work under this contract. No claim shall be filed for anticipated profit or loss because of any difference between the quantities of the various classes of work done or the materials and equipment actually installed and the said estimated quantities.

Payment on UNIT PRICE items will be made only for the actual number of units incorporated into the finished project at the contract UNIT PRICE.

7) If the product of the UNIT PRICE BID and the number of units does not equal the total amount stated by the undersigned in the Bid for any item, it will be assumed that the error was made in computing the total amount. For the purpose of determining the lowest Bidder, the stated UNIT PRICE alone will be considered as representing the Bidder’s intention and the total amount bid on such items shall be considered to be the amount arrived at by multiplying the UNIT PRICE by the number of units.

8) Certification for Safety and Health Programs for Bids in Excess of $100,000. In accordance with

Sections 103D-327 and 396-18, Hawaii Revised Statutes, by submitting this bid, the undersigned certifies that his firm will have a written Safety and Health Plan for this project that will be available and implemented by the Notice to Proceed date of this project. Details of the requirements of this plan may be obtained from the Department of Labor and Industrial Relations, Occupational, Safety and Health Division.

9) Any contract arising out of this offer is subject to the approval of the Department of the Attorney

General as to form, and to all further approvals, including the approval of the Governor, required by statute, regulation, rule, order, or other directive.

Sidewalk Repair at Kalau Pl, Waimanalo Bid Offer Form RFQ-25-HHL-005 7 October 2024

Receipt of the following addenda issued by the Department is acknowledged by the date(s) of receipt indicated below:

Date Date

Addendum No. 1

Addendum No. 5

Addendum No. 2

Addendum No. 6

Addendum No. 3

Addendum No. 7

Addendum No. 4

Addendum No. 8

It is understood that failure to receive any such addendum shall not relieve the Contractor from any obligation under this IFB as submitted.

Bid Security in the amount of:

DOLLARS ($ )

as required by law, is enclosed herewith in the form of:

( ) Surety Bond (*1) ( ) Official Check (*3) ( ) Legal Tender (*2) ( ) Share Certificate (*3) ( ) Cashier’s Check (*3) ( ) Teller’s Check (*3) ( ) Certificate of Deposit (*3) ( ) Treasurer’s Check (*3) ( ) Certified Check (*3)

Respectfully submitted, Name of Company, Joint Venture or Partnership

License No.

By

Signature (*4)

Title:

Date:

Address:

Telephone No.:

(IF A CORPORATION, AFFIX CORPORATE SEAL TO SIGNATURE, BE SURE TO FILL IN

ATTACHED LIST OF SUBCONTRACTORS. THIS BID FORM MAY NOT BE ALTERED

AND BIDDERS MAY NOT QUALIFY OR CONDITION THEIR BIDS IN ANY WAY.)

Sidewalk Repair at Kalau Pl, Waimanalo Bid Offer Form RFQ-25-HHL-005 8 October 2024

PLEASE FILL OUT THE ATTACHED CERTIFICATE OF RESOLUTION GIVING EVIDENCE

OF THE AUTHORITY OF THIS OFFICER TO SUBMIT BIDS ON BEHALF OF THE

COMPANY.

NOTES:

*1. Surety bond underwritten by a company licensed to issue bonds in this State;

*2. Legal tender; or

*3. A certificate of deposit; share certificate; or cashier’s, treasurer’s, teller’s, or official check accepted by, and payable on demand to the State by a bank, a savings institution, or credit union insured by the Federal Deposit Insurance Corporation of the National Credit Union Administration.

A. These instruments may be utilized only to a maximum of $100,000.

B. If the required security or bond amount totals over $100,000, more than one instrument not exceeding $100,000 each and issued by different financial institutions shall be accepted.

*4. Please attach to this page evidence of the authority of this officer to submit bids on behalf of the Company, and also the names and residence addresses of all officers of the Company.

*5. Fill in all blank spaces with information asked for or bid may be invalidated. BID MUST BE INTACT;

MISSING PAGES MAY INVALIDATE YOUR BID.

Sidewalk Repair at Kalau Pl, Waimanalo Bid Offer Form RFQ-25-HHL-005 9 October 2024

CERTIFICATE OF RESOLUTION

I, __________________________, Secretary of _______________________________, a Hawaii Corporation, do hereby certify that the following is a full, true and correct copy of a resolution duly adopted by the Board of Directors of said Corporation, at its meeting duly called and held at the office of the Corporation __________________________, Hawaii, on day of ___________________, 20 , at which a quorum was present and acting throughout; and that said resolution has not been modified, amended or rescinded and continues in full force and effect.

“RESOLVED that any individual at the time holding the position(s) of __________________________________, be, and each of them hereby is, authorized to execute on behalf of the Corporation any bid, proposal or contract for the sale or rental of the products of the Corporation or for the services to be performed by the Corporation and to execute any bond required by any such bid, proposal or contract with the United States Government or the State of Hawaii or the City and County of Honolulu, or any County of Municipal Government of said State, or any department or subdivision of any of them.”

IN WITNESS THEREOF, I have hereunto set my hand and affixed the corporate seal of said

_________________________________ this _____ day of ______________________, 20___. .

Secretary

END OF BID

AG-008 103D General Conditions 1

GENERAL CONDITIONS

Table of Contents

Page(s)

1. .........................................................................................................2 Coordination of Services by the STATE 2.

Relationship of Parties: Independent Contractor Status and Responsibilities, Including Tax Responsibilities

3. ..................................................................................................................................3 Personnel Requirements

4. ...........................................................................................................................................3 Nondiscrimination

5. .........................................................................................................................................3 Conflicts of Interest

6. ........................................................................................................................3 Subcontracts and Assignments

7. ...........................................................................................................................4 Indemnification and Defense

8. .............................................................................................................................................4 Cost of Litigation

9. ........................................................................................................................................4 Liquidated Damages

10. .................................................................................................................................4 STATE'S Right of Offset

11. ...........................................................................................................................................................4 Disputes

12. ....................................................................................................................................4 Suspension of Contract

13. ...................................................................................................................................5 Termination for Default

14. ..........................................................................................................................6 Termination for Convenience

15. ...................................................8 Claims Based on the Agency Procurement Officer’s Actions or Omissions

16. .........................................................................................................................................8 Costs and Expenses

17. ......................................................................................9 Payment Procedures; Final Payment; Tax Clearance

18. ..................................................................................................................................................9 Federal Funds

19. ................................................................................................................................9 Modifications of Contract

20. .................................................................................................................................................10 Change Order

21. ...........................................................................................................................................11 Price Adjustment

22. ..................................................................................11 Variation in Quantity for Definite Quantity Contracts

23. ....................................................................................................11 Changes in Cost-Reimbursement Contract

24. ............................................................................................................................12 Confidentiality of Material

25. .........................................................................................................................................................12 Publicity

26. ..................................................................................................................12 Ownership Rights and Copyright

27. .....................................................................................................................................12 Liens and Warranties

28. ....................................................................................13 Audit of Books and Records of the CONTRACTOR

29. ......................................................................................................................................13 Cost or Pricing Data

30. ........................................................................................................................13 Audit of Cost or Pricing Data

31. ..........................................................................................................................................13 Records Retention

32. .............................................................................................................................................13 Antitrust Claims

33. ...........................................................................................................................................13 Patented Articles.

34. ..............................................................................................................................................14 Governing Law

35. ..................................................................................................................................14 Compliance with Laws

36. .....................................................................14 Conflict between General Conditions and Procurement Rules

37. ...............................................................................................................................................14 Entire Contract

38. ....................................................................................................................................................14 Severability

39. ...........................................................................................................................................................14 Waiver

40. ...........................................................................................................................................14 Pollution Control

41. ................................................................................................................................14 Campaign Contributions

42. Confidentiality of Personal Information

AG-008 103D General Conditions 2

GENERAL CONDITIONS

1. Coordination of Services by the STATE. The head of the purchasing agency (“HOPA”) (which term includes the designee of the HOPA) shall coordinate the services to be provided by the CONTRACTOR in order to complete the performance required in the Contract. The CONTRACTOR shall maintain communications with HOPA at all stages of the CONTRACTOR'S work, and submit to HOPA for resolution any questions which may arise as to the performance of this Contract. "Purchasing agency" as used in these General Conditions means and includes any governmental body which is authorized under chapter 103D, HRS, or its implementing rules and procedures, or by way of delegation, to enter into contracts for the procurement of goods or services or both.

2. Relationship of Parties: Independent Contractor Status and Responsibilities, Including Tax Responsibilities.

a. In the performance of services required under this Contract, the CONTRACTOR is an "independent contractor," with the authority and responsibility to control and direct the performance and details of the work and services required under this Contract; however, the STATE shall have a general right to inspect work in progress to determine whether, in the STATE'S opinion, the services are being performed by the CONTRACTOR in compliance with this Contract. Unless otherwise provided by special condition, it is understood that the STATE does not agree to use the CONTRACTOR exclusively, and that the CONTRACTOR is free to contract to provide services to other individuals or entities while under contract with the STATE.

b. The CONTRACTOR and the CONTRACTOR'S employees and agents are not by reason of this

Contract, agents or employees of the State for any purpose, and the CONTRACTOR and the CONTRACTOR'S employees and agents shall not be entitled to claim or receive from the State any vacation, sick leave, retirement, workers' compensation, unemployment insurance, or other benefits provided to state employees.

c. The CONTRACTOR shall be responsible for the accuracy, completeness, and adequacy of the

CONTRACTOR'S performance under this Contract. Furthermore, the CONTRACTOR intentionally, voluntarily, and knowingly assumes the sole and entire liability to the CONTRACTOR'S employees and agents, and to any individual not a party to this Contract, for all loss, damage, or injury caused by the CONTRACTOR, or the CONTRACTOR'S employees or agents in the course of their employment.

d. The CONTRACTOR shall be responsible for payment of all applicable federal, state, and county taxes and fees which may become due and owing by the CONTRACTOR by reason of this Contract, including but not limited to (i) income taxes, (ii) employment related fees, assessments, and taxes, and (iii) general excise taxes. The CONTRACTOR also is responsible for obtaining all licenses, permits, and certificates that may be required in order to perform this Contract.

e. The CONTRACTOR shall obtain a general excise tax license from the Department of Taxation, State of Hawaii, in accordance with section 237-9, HRS, and shall comply with all requirements thereof.

The CONTRACTOR shall obtain a tax clearance certificate from the Director of Taxation, State of Hawaii, and the Internal Revenue Service, U.S. Department of the Treasury, showing that all delinquent taxes, if any, levied or accrued under state law and the Internal Revenue Code of 1986, as amended, against the CONTRACTOR have been paid and submit the same to the STATE prior to commencing any performance under this Contract. The CONTRACTOR shall also be solely responsible for meeting all requirements necessary to obtain the tax clearance certificate required for final payment under sections 103-53 and 103D-328, HRS, and paragraph 17 of these General Conditions.

f. The CONTRACTOR is responsible for securing all employee-related insurance coverage for the

CONTR…