TABLE OF CONTENTS Notice To Contractors Solicitation Time Schedule Instructions To Bidders Special Provisions Proposal Contract General Instructions to Offerors (8/1/13) General Terms and Conditions (8/1/13) (Not Physically Attached)
Hawaii Standard Specifications Special Provisions DIVISION 100 – GENERAL PROVISIONS Section Description Pages 101 Terms, Abbreviations, and Definitions 101-1a – 101-2a 102 Bidding Requirements and Conditions 102-1a – 102-8a 103 Award And Execution of Contract 103-1a – 103-5a 104 Scope of Work 104-1a – 104-2a 105 Control of Work 105-1a – 105-3a 106 Material Restrictions and Requirements 106-1a 108 Prosecution And Progress 108-1a –108-2a 109 Measurement And Payment 109-1a DIVISION 200 – EARTHWORK Section Description Pages 202 Removal of Structures and Obstructions 202-1a 209 Temporary Water Pollution, Dust, and 209-1a Erosion Control DIVISION 400 – PAVEMENTS Section Description Pages 401 Hot Mix Asphalt (HMA) Pavement 401-1a – 401-4a 411 Portland Cement Concrete Pavement 411-1a – 411-2a 501 Steel Structures 501-1a -1-
DIVISION 600 - INCIDENTAL CONSTRUCTION Section Description Pages 605 Underdrains 605-1a 619 Planting 619-1a 626 Manholes and Valve Boxes For Water and 626-1a Sewer Systems 629 Pavement Markings 629-1a – 629-2a 630 Traffic Control Guide Signs 630-1a 631 Traffic Control Regulatory, Warning, And 631-1a Miscellaneous Signs 638 Portland Cement Concrete Curb And Gutter 638-1a 645 Work Zone Traffic Control 645-1a 650 Curb Ramps 650-1a 699 Mobilization 699-1a
Section 712 Miscellaneous
DIVISION 700 - MATERIALS Description
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Pages 712-1a – 712-3a
SOLICITATION TIME SCHEDULE
MILESTONE
DATE
Solicitation Date
April 29, 2014________
Questions/Request for Substitutions Due Date
May 08, 2014________
Last Day for Addenda to be Issued
May 13, 2014________
Bid Opening Date (2:00 pm H.S.T.)
May 15, 2014________
INSTRUCTIONS TO BIDDERS 1.
DESCRIPTION OF WORK The project is for the TRAFFIC ENGINEERING DEVICES AT VARIOUS LOCATIONS – PHASE 1C, OAHU AVENUE, PAUAHI STREET, FIFTH AVENUE, PAKI AVENUE, KUAHELANI AVENUE, KUAOA STREET, KAHUHIPA STREET, PAIWA STREET, AND MOKUOLA STREET, HONOLULU, OAHU, HAWAII. The project shall include the reconstruction of an intersection layout and installation of ADA compliant curb ramps and crosswalks at various locations.
2.
OFFICER IN CHARGE The Officer-in-Charge for this project is the Director of Department of Transportation Services of the City and County of Honolulu or its designee.
3.
OWNER City and County of Honolulu
4.
INSURANCE The Contractor will comply with all requirements of Chapter 2, Subsection 2.26 “Insurance” of the General Terms and Conditions, City and County of Honolulu (8/1/13).
5.
SEALED PROPOSALS All proposals for this project shall be enclosed in a sealed envelope marked Traffic Engineering Devices at Various Locations, Phase 1C: Oahu Avenue, Pauahi Street, Fifth Avenue, Paki Avenue, Kuahelani Avenue, Kuaoa Street, Kahuhipa Street, Paiwa Street, and Mokuola Street.
6.
EXAMINATION OF SITE, DRAWINGS, ETC. Each bidder shall visit the sites of the proposed work and fully acquaint himself with the conditions as they exist so that he may fully understand the facilities, difficulties, and restrictions attending the execution of the work under this contract. Bidders shall also thoroughly examine and be familiar with drawings and the Specifications; and available reference documents. The failure or omission of any bidder to receive or examine any form, instrument or document, or to visit the site and acquaint himself with conditions there existing shall in no way relieve any bidder from any obligation with respect to his bid. By submitting a bid, the bidder agrees that he has examined the site and the Specifications and Drawings, and, where the Specifications require in any part of the work a given result to be produced, that the Specifications and Drawings are adequate and the required result can be produced under the Specifications and Drawings. No claim for any extra will be allowed because of alleged impossibilities in the production of the results specified or because of inadequate or improper plans and specifications and whenever a result is required, the successful bidder shall furnish any and all extras and make any change needed to produce, to the satisfaction of the Department of Transportation Services, the required result. The project limits are as indicated on the drawings and specifications.
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7.
LICENSED BIDDERS All prospective bidders must hold a current “A” Contractor’s license from the State of Hawaii. No bid will be accepted from any unlicensed bidder.
8.
AWARD OF CONTRACT Award, if made, shall be to the responsive, responsible bidder submitting the lowest total sum bid as stated in the bid document. The Award of contract will be conditioned upon the amount of funds available for the Contract.
9.
PROJECT SIGN A project sign is not required for this project.
10.
TRADE NAMES AND ALTERNATIVES This section shall supplement Subsection 2.11 – Brand names, model, make or method of the General Instructions to offerors as follows: “The Contractor will be required to submit ten (10) sets of all materials and/or equipment substitution requests. All substitution requests shall be accompanied by a letter of Request for Substitution.”
11.
SEXUAL HARRASSMENT POLICY FOR EMPLOYER HAVING A CONTRACT WITH THE CITY The Contractor shall comply with the Revised Ordinances of Honolulu (ROH) Section 118, City Ordinance 93-84, on sexual harassment as stated in Chapter 2 of the General Terms and Conditions.
12.
THE HAWAII ADMINISTRATIVE RULES The Hawaii Administrative Rules, Title 3, Department of Accounting and General Services, hereinafter referred to as “HAR”, is by reference incorporated herein and made a part of these contract documents. The HAR is available for inspection at the Division of Purchasing, Department of Budget and Fiscal Services, City and County of Honolulu. The HAR is also available at http://www.spo.hawaii.gov/.
13.
SAFETY AND HEALTH PROGRAMS Bidder’s attention is also directed to Section 396-18, of the Hawaii Revised Statues, Safety and Health Programs for Contractors Bidding on City Construction Jobs. It requires bidders for construction projects in excess of $100,000 to include a signed certification with their bids that a written safety and health plan for the job will be available and implemented by the “Notice to Proceed” date of the project.
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SPECIAL PROVISIONS SP-1
GENERAL INSTRUCTIONS TO OFFERERS FOR THE CITY AND COUNTY OF HONOLULU DATED 8/1/13
The General Instructions to Offerors for the City and County of Honolulu dated 8/1/13 shall apply.
SP-2
CONTRACTOR’S LICENSE REQUIREMENTS
Implementation of the Hawaii Supreme Courts January 28, 2002 Decision in the Okada Trucking Case. “A” general engineering contractors and “B” general building contractors are reminded that due to the Hawaii Supreme Court’s January 28, 2002 decision in Okada Trucking Co., Ltd. V. Board of Water Supply et al., 97 Haw. 450 (2002), they are prohibited from undertaking any work solely or as part of a larger project, which would require the general contractor to act as a specialty contractor in any area in which the general contractor has no license. Although the “A” and “B” contractor may still bid on and act as the “prime” contractor on an “A” or “B” project (See HRS §444-7 for definitions of an “A” or “B” project), respectively, the “A” or “B” contractor may only perform work in the areas in which they have the appropriate contractor’s license (An “A” or “B” contractor obtains a “C” specialty contractor’s licenses either on its own or automatically under HAR §16-77-32). The remaining work must be performed by appropriately licensed entities. It is the sole responsibility of the contractor to review the requirements of this project and determine the appropriate licenses that are required to complete the project. SP-3 LIQUIDATED DAMAGES When the contractor fails to complete the work or any portion of the work within the time or times fixed in the contract or any extension thereof, it is agreed the contractor shall pay to the City the amount of $500.00 per calender day of delay.
SP-4 PREFERENCES - HAWAII PRODUCTS In accordance with HRS §103D-1002, the Hawaii products preference may be applicable to this solicitation. Hawaii Products may be available for those items noted on the offer form. The Hawaii Products list is available on the SPO webpage at http://hawaii.gov/spo, click on Procurement of Goods, Services and Construction – Chapter 103D, HRS; under Procurement click on Preferences, Hawaii Products, and select Hawaii Products List to view. Change in Availability of Hawaii Product. In the event of any change that materially alters the bidder's ability to supply Hawaii products, the bidder shall immediately notify the Contracting Officer in writing and the parties shall enter into discussions for the purpose of revising the contract or terminating the contract for convenience."
SPECIAL PROVISIONS
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SP-5 ACT 68, EMPLOYMENT OF STATE RESIDENTS ON CONSTRUCTION PROCUREMENT CONTRACTS Bidders are advised of the applicability of Act 68, SB 2840, Employment of State Residents on Construction Procurement Contracts, (2010) ("Act 68"). Act 68 requires the awarded contractor to ensure that Hawaii Residents (as defined in the Act) compose not less than eighty percent of the workforce employed to perform the contract. This requirement shall apply to subcontracts of $50,000 or more in connection with any construction contract procured under HRS Chapter 103D, but does not apply to procurements made pursuant to HRS §103D-304 (professional services), HRS §103D-305 (small purchases) or if there is a conflict with any federal law as further detailed below under "Conflict with Federal Law". Definitions for terms used in Act 68 (2010) "Contract" means contracts for construction under Chapter 103D, HRS. "Contractor" has the same meaning as in Section 103D-104, HRS; provided that contractor includes a subcontractor where applicable. "Construction" has the same meaning as in Section 103D-104, HRS. "Procurement Officer” has the same meaning as in Section 103D-104, HRS. "Resident" means a person who is physically present in the state at the time the person claims to have established the person's domicile in the state and shows the person's intent is to make Hawaii the person's primary residence. "Shortage trade" means a construction trade in which there is a shortage of Hawaii residents qualified to work in the trade. Requirements of Contractor The contractor awarded this contract shall ensure that Hawaii Residents comprise not less than eighty percent (80%) of the workforce employed to perform this Contract, calculated as follows: The eighty percent (80%) requirement shall be determined by dividing the total number of hours worked on a contract by Residents by the total number of hours worked by all employees of the Contractor in the performance of the Contract. Hours worked for any subcontractor of the contractor shall count towards the calculation for purposes of this subsection. Hours worked by employees within shortage trades, as determined by the Department of Labor and Industrial Relations, shall not be included in the calculations for purposes of this subsection. This requirement shall be applicable during the entire duration of this Contract. A notarized Certification for employment of State Residents on Construction Procurement Contracts shall be submitted on a monthly basis with your progress payments. If no progress payments are made for any month, the Contractor is still responsible to submit the certification on a monthly basis. SPECIAL PROVISIONS
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Penalties Failure to comply with this requirement shall be subject to any of the following sanctions: (1)
Temporary suspension of work on the project until the Contractor or subcontractor complies with Act 68;
(2)
Withholding of payment of the Contract or subcontract, as applicable, until the Contractor or subcontractor complies with Act 68;
(3)
Permanent disqualification of the Contractor or subcontractor from any further work on the project;
(4)
Recovery by the City of any monies expended on the Contract or subcontract, as applicable; or
(5)
Proceedings for debarment or suspension of the Contractor or subcontractor under Section 103D-702.
Conflict with Federal Law Act 68 shall not apply if the application of the Act is in conflict with a federal law, or if application of Act 68 will disqualify the City from receiving federal funds or aid.
SPECIAL PROVISIONS
-3-
Certification for Employment of State Residents on Construction Procurement Contracts
Date
Director Department of Budget and Fiscal Services City and County of Honolulu 530 South King Street Honolulu, Hawaii 96813 Subject: (Project name and contract number) As required by Act 68, SB 2840, Employment of State Residents on Construction Procurement Contracts, (2010), I hereby certify under oath, that for the month of , 20 , Hawaii Residents comprised not less than eighty percent of the workforce employed to perform on the subject Contract and all subcontracts to the subject Contract that are $50,000 or more. CONTRACTOR
CORPORATE SEAL (IF APPLICABLE)
(Name of Contractor)
(Signature)
(Print Name)
(Print Title)
(Date)
SPECIAL PROVISIONS
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SP-6 PLANS AND SPECIFICATIONS For CD Bid Documents: The City and County will provide three (3) sets of plans and specifications to the Contractor awarded the project. Any additional sets required shall be provided by the Contractor at their own expense.
SPECIAL PROVISIONS
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PROPOSAL
Contractor
Director of Budget and Fiscal Services Department of Budget and Fiscal Services City and County of Honolulu Honolulu, Hawaii
The undersigned herby proposes and agrees, if this proposal is accepted, to furnish and pay for all labor, materials, tools, and equipment and incidental work necessary to construct or install, in place complete, the work called for under and in accordance with the true intent of the Contract Documents for: TRAFFIC ENGINEERING DEVICES AT VARIOUS LOCATIONS – PHASE 1C OAHU AVENUE, PAUAHI STREET, FIFTH AVENUE, PAKI AVENUE, KUAHELANI AVENUE, KUAOA STREET, KAHUHIPA STREET, PAIWA STREET, AND MOKUOLA STREET
on file in the Office of the Division of Purchasing, Department of Budget and Fiscal Services, City and County of Honolulu, and that he will take in payment therefore the unit and/or lump sum prices as itemized in the following Proposal Schedule. It is reemphasized that all items in the Proposal Schedule shall be considered as in place complete, in every respect.
Proposal Page 1
Removal of Sign and Post
Removal of AC Pavement Removal of Curb Island
Installation, Maintenance, Monitoring, and Removal of BMP
202.0300
202.0400 202.0500
209.1000
Transverse Contraction Joint
Cold Planing
411.0200
415.0100
Pavement Word (Thermoplastic Extrusion)
629.0600
11/27/12 P-2
Type D Pavement Markers
629.0500
629.0400
629.0300
629.0200
Single White 8-Inch Pavement Striping (Thermoplastic Extrusion) Single White 12-Inch Pavement Striping (Thermoplastic Extrusion) Double Yellow 4-Inch Pavement Striping (Thermoplastic Extrusion) Type C Pavement Markers
4” Thick Concrete Pavement
411.0100
629.0100
HMA Pavement, Mix No. V
401.0100
304.0100
Allowance for Additional Water Pollution, Dust, and Erosion Control (Allowance extends to all locations) Aggregate Base
Removal of Pavement Striping and Raised Pavement Markers Removal of Pavement Word
202.0100 202.0200
209.2000
ITEM
ITEM NO.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.F.
L.S.
L.S.
L.S.
Allowance
L.S.
L.S. L.S.
L.S.
APPROX. QUANTITY L.S. L.S.
L.S.
L.S. L.S.
L.S.
L.S. L.S.
UNIT
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.F.
L.S.
L.S.
L.S.
Allowance
PROPOSAL SCHEDULE – Oahu Avenue
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.F.
L.S.
L.S.
L.S.
Allowance
L.S.
L.S. L.S.
L.S.
UNIT PRICE L.S. L.S.
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$_ 10,000___
$___________
$___________ $___________
$___________
$___________ $___________
AMOUNT
Warning Sign (10 Square Feet or Less) 6-Inch Concrete Curb, Type 2 Traffic Control Allowance for Additional Police Officers and Additional Traffic Controls (Allowance extends to all locations)
631.0200 638.0100 645.0100
11/27/12 P-3
NOTE:
Amount for Comparison of Bids (a + b) AAAAAAAAAAAAAAAAAAAAAAAAA.
c.
Bidders must complete all unit prices and amounts.
Failure to do so may be grounds for rejection of bid.
Either Furnish Foreign Steel Not to Exceed Minimal Amount (Fill in ‘0’) or Furnish Foreign Steel in Excess of Minimal Amount (Fill in 25% x a) AAAAAAAAAAAA..
L.S.
Allowance
L.S. L.S. L.S.
L.S.
L.S.
L.S.
L.S.
UNIT PRICE
b.
L.S.
Allowance
L.S. L.S. L.S.
L.S.
L.S.
L.S.
L.S.
UNIT
Sum of All Items for Oahu AvenueAAAAAAAAAAAAAAAAAAAAAAAAAAA.
L.S.
Allowance
L.S. L.S. L.S.
L.S.
L.S.
L.S.
L.S.
APPROX. QUANTITY
a.
All bidders must fill in b and complete c.
699.0100
Mobilization (Not to exceed 10 percent of the sum of all items excluding the bid price of this item)
Regulatory Sign (10 Square Feet or Less)
631.0100
645.0200
Sign Post for Warning Sign
Pavement Symbol, Yield Line Markings (Thermoplastic Extrusion) Sign Post for Regulatory Sign
ITEM
630.0200
630.0100
629.0700
ITEM NO.
PROPOSAL SCHEDULE – Oahu Avenue
$
$
$
_
_
__
$___________
$_ 50,000___
$___________ $___________ $___________
$___________
$___________
$___________
$___________
AMOUNT
L.S. L.S.
Removal of Concrete Gutter Removal of Concrete Sidewalk Removal of Lava Curbs
Removal of Drainlines
Removal of Parking Meter
Removal of AC Pavement
Installation, Maintenance, Monitoring, and Removal of BMP
Aggregate Base
HMA Pavement, Mix No. V 6” Thick Concrete Speed Table
Stamped Concrete Structural Steel – 1/4" Checker Steel Plate 4-Inch Underdrain
Adjusting Standard Valve Box
Single White 12-Inch Pavement Striping (Thermoplastic Extrusion)
Double Yellow 4-Inch Pavement Striping (Thermoplastic Extrusion)
Type D Pavement Markers
202.0200 202.0300 202.0400
202.0500
202.0600
202.0600
209.1000
304.0100
401.0100 411.1000
411.2000 501.1000 605.0100
626.0100
629.0100
629.0200
629.0300
11/27/12 P-4
L.S.
Removal of Pavement Striping and Raised Pavement Markers
202.0100
L.S.
L.S. L.S. L.S.
L.S. L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S. L.S. L.S.
L.S.
ITEM
ITEM NO.
APPROX. QUANTITY
PROPOSAL SCHEDULE – Pauahi Street
L.S.
L.S.
L.S.
L.S.
L.S. L.S. L.S.
L.S. L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S. L.S. L.S.
L.S.
UNIT
L.S.
L.S.
L.S.
L.S.
L.S. L.S. L.S.
L.S. L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S. L.S. L.S.
L.S.
UNIT PRICE
$___________
$___________
$___________
$___________
$___________ $___________ $___________
$___________ $___________
$___________
$___________
$___________
$___________
$___________
$___________ $___________ $___________
$___________
AMOUNT
L.S. L.S. L.S.
Concrete Curb and Gutter Traffic Control
Mobilization (Not to exceed 10 percent of the sum of all items excluding the bid price of this item)
638.1000 645.0100
699.0100
11/27/12 P-5
NOTE:
Bidders must complete all unit prices and amounts.
Failure to do so may be grounds for rejection of bid.
Amount for Comparison of Bids (a + b) DDDDDDDDDDDDDDDDDDDDDDDDD
c.
All bidders must fill in b and complete c.
Either Furnish Foreign Steel Not to Exceed Minimal Amount (Fill in ‘0’) or Furnish Foreign Steel in Excess of Minimal Amount (Fill in 25% x a) DDDDDDDDDDDD
b.
L.S.
L.S. L.S.
L.S.
L.S. L.S.
L.S.
UNIT PRICE L.S.
Sum of All Items for Pauahi Street D.DDDDDDDDDDDDDDDDDDDDDDDDD.
L.S.
L.S. L.S.
L.S.
L.S. L.S.
L.S.
L.S.
UNIT
a.
L.S.
L.S. L.S.
L.S.
Portland Cement Concrete Sidewalk
630.0100 631.0100
629.0500
634.1000
APPROX. QUANTITY L.S.
Pavement Word (Thermoplastic Extrusion) Pavement Symbol, Speed Table Striping (Thermoplastic Extrusion) Sign Post for Warning Sign Warning Sign (10 Square Feet or Less)
ITEM
629.0400
ITEM NO.
PROPOSAL SCHEDULE – Pauahi Street
$
$
$
$___________
$___________ $___________
$___________
$___________ $___________
$___________
$___________
AMOUNT
L.S.
Removal of Concrete Sidewalk
Removal of Sign and Post
Removal of AC Pavement
Installation, Maintenance, Monitoring, and Removal of BMP
Aggregate Base
HMA Pavement, Mix No. V
Grass
Single White 12-Inch Pavement Striping (Thermoplastic Extrusion)
Pavement Word (Thermoplastic Extrusion)
Sign Post for School Sign
Warning Sign (10 Square Feet or Less)
202.0300
202.0400
202.0500
209.1000
304.0100
401.0100
619.0100
629.0100
629.0200
630.0100
631.0100
11/27/12 P-6
L.S.
Removal of Concrete Curb and Gutter
202.0200
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
Removal of Curbs
202.0100
L.S.
APPROX. QUANTITY
Clearing and Grubbing
ITEM
201.0100
ITEM NO.
PROPOSAL SCHEDULE – Fifth Avenue
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
UNIT
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
UNIT PRICE
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
AMOUNT
L.S.
Concrete Curb Ramp
Mobilization (Not to exceed 10 percent of the sum of all items excluding the bid price of this item)
650.0100
699.0100
11/27/12 P-7
NOTE:
L.S.
Traffic Control
645.0100
Bidders must complete all unit prices and amounts.
Failure to do so may be grounds for rejection of bid.
Amount for Comparison of Bids (a + b) ;;;;;;;;;;;;;;;;;;;;;;;;;
c.
All bidders must fill in b and complete c.
Either Furnish Foreign Steel Not to Exceed Minimal Amount (Fill in ‘0’) or Furnish Foreign Steel in Excess of Minimal Amount (Fill in 25% x a) ;;;;;;;;;;;;
b.
L.S.
L.S.
L.S.
L.S.
L.S.
UNIT PRICE
Sum of All Items for Fifth Avenue ;;;;;;;;;;;;;;;;;;;;;;;;;;;.
L.S.
L.S.
L.S.
L.S.
L.S.
UNIT
a.
L.S.
L.S.
Curb and Gutter
638.0100
L.S.
APPROX. QUANTITY
School Sign (10 Square Feet or Less)
ITEM
631.0200
ITEM NO.
PROPOSAL SCHEDULE – Fifth Avenue
$
$
$
$___________
$___________
$___________
$___________
$___________
AMOUNT
L.S. L.S.
Removal of AC Sidewalk
Installation, Maintenance, Monitoring, and Removal of BMP
Aggregate Base
HMA Pavement, Mix No. V
Single White 12-Inch Pavement Striping (Thermoplastic Extrusion)
Double Yellow 4-Inch Pavement Striping (Thermoplastic Extrusion)
Type D Pavement Markers
Pavement Word (Thermoplastic Extrusion)
Sign Post for Warning Sign
202.0300
209.1000
304.0100
401.0100
629.0100
629.0200
629.0300
629.0400
630.0100
11/27/12 P-8
L.S.
Removal of AC Pavement
202.0200
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
Removal of Pavement Striping and Raised Pavement Markers
202.0100
L.S.
APPROX. QUANTITY
Clearing and Grubbing
ITEM
201.0100
ITEM NO.
PROPOSAL SCHEDULE – Paki Avenue
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
UNIT
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
UNIT PRICE
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
AMOUNT
11/27/12 P-9
NOTE:
L.S.
L.S.
L.S.
Bidders must complete all unit prices and amounts.
All bidders must fill in b and complete c. Failure to do so may be grounds for rejection of bid.
Amount for Comparison of Bids (a + b) =========================
L.S.
L.S.
L.S.
c.
Mobilization (Not to exceed 10 percent of the sum of all items excluding the bid price of this item)
699.0100
L.S.
L.S.
L.S.
Either Furnish Foreign Steel Not to Exceed Minimal Amount (Fill in ‘0’) or Furnish Foreign Steel in Excess of Minimal Amount (Fill in 25% x a) ============
Concrete Curb Ramp
650.0100
L.S.
L.S.
L.S.
UNIT PRICE
b.
Traffic Control
645.0100
L.S.
L.S.
UNIT
Sum of All Items for Paki Avenue.=====.=========.============.
Portland Cement Concrete Sidewalk
634.0100
L.S.
APPROX. QUANTITY
a.
Warning Sign (10 Square Feet or Less)
ITEM
631.0100
ITEM NO.
PROPOSAL SCHEDULE – Paki Avenue
$
$
$___________
$___________
$___________
$___________
$___________
$___________
AMOUNT
Clearing and Grubbing Removal of Pavement Striping and Raised Pavement Markers
Removal of Concrete Curb and Gutter
Removal of Concrete Sidewalk
Removal of Sign and Post
Removal of Concrete Curb Ramp
Removal of AC Pavement Installation, Maintenance, Monitoring, and Removal of BMP
Aggregate Base
HMA Pavement, Mix No. V
Grass Single White 12-Inch Pavement Striping (Thermoplastic Extrusion) Single Yellow 8-Inch Pavement Striping (Thermoplastic Extrusion) Double Yellow 4-Inch Pavement Striping (Thermoplastic Extrusion)
Type D Pavement Markers
Type H Pavement Markers Blue Pavement Marker
Pavement Word (Thermoplastic Extrusion)
201.0100 202.0100
202.0200
202.0300
202.0400
202.0500
202.0600 209.1000
304.0100
401.0100
619.0100
629.0400
629.0500 629.0600
629.0700
11/27/12 P-10
629.0300
629.0200
629.0100
ITEM
ITEM NO.
L.S.
L.S. L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S. L.S.
L.S.
L.S.
L.S.
L.S.
APPROX. QUANTITY L.S. L.S.
L.S.
L.S. L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S. L.S.
L.S.
L.S.
L.S.
L.S.
L.S. L.S.
UNIT
PROPOSAL SCHEDULE – Kuahelani Avenue
L.S.
L.S. L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S. L.S.
L.S.
L.S.
L.S.
L.S.
UNIT PRICE L.S. L.S.
$___________
$___________ $___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________ $___________
$___________
$___________
$___________
$___________
$___________ $___________
AMOUNT
11/27/12 P-11
NOTE:
L.S.
L.S. L.S. L.S. L.S. L.S.
Bidders must complete all unit prices and amounts.
All bidders must fill in b and complete c. Failure to do so may be grounds for rejection of bid.
Amount for Comparison of Bids (a + b) @@@@@@@@@@@@@@@@@@@@@@@@@
L.S.
L.S. L.S. L.S. L.S. L.S.
L.S.
c.
L.S.
L.S. L.S. L.S. L.S. L.S.
L.S.
L.S.
Either Furnish Foreign Steel Not to Exceed Minimal Amount (Fill in ‘0’) or Furnish Foreign Steel in Excess of Minimal Amount (Fill in 25% x a) @@@@@@@@@@@@
School Sign (10 Square Feet or Less) Portland Cement Concrete Sidewalk Curb and Gutter Traffic Control Concrete Curb Ramp Mobilization (Not to exceed 10 percent of the sum of all items excluding the bid price of this item)
631.0300 634.0100 638.0100 645.0100 650.0100
L.S.
L.S.
L.S.
UNIT PRICE L.S.
b.
Warning Sign (10 Square Feet or Less)
631.0200
L.S.
L.S.
L.S.
UNIT
Sum of All Items for Kuahelani Avenue..@@@@@@@@.@@@@@@@@@@@@@@@@.
Regulatory Sign (10 Square Feet or Less)
631.0100
L.S.
APPROX. QUANTITY L.S.
a.
Sign Post for School Sign
630.0200
699.0100
Sign Post for Regulatory Sign
ITEM
630.0100
ITEM NO.
PROPOSAL SCHEDULE – Kuahelani Avenue
$
$
$
$___________
$___________ $___________ $___________ $___________ $___________
$___________
$___________
$___________
$___________
AMOUNT
L.S. L.S. L.S.
Removal of Concrete Sidewalk
Removal of AC Pavement
Removal of Tree
Installation, Maintenance, Monitoring, and Removal of BMP
Aggregate Base
HMA Pavement, Mix No. V
Tree
Single White 12-Inch Pavement Striping (Thermoplastic Extrusion)
Single Yellow 8-Inch Pavement Striping (Thermoplastic Extrusion)
Double Yellow 4-Inch Pavement Striping (Thermoplastic Extrusion)
Type H Pavement Markers
Pavement Word (Thermoplastic Extrusion)
202.0300
202.0400
202.0500
209.1000
304.0100
401.0100
619.0100
629.0100
629.0200
629.0300
629.0400
629.0500
11/27/12 P-12
L.S.
Removal of Concrete Curb and Gutter
202.0200
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
Removal of Pavement Striping and Raised Pavement Markers
202.0100
L.S.
APPROX. QUANTITY
Clearing and Grubbing
ITEM
201.0100
ITEM NO.
PROPOSAL SCHEDULE – Kuaoa Street
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
UNIT
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
UNIT PRICE
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
AMOUNT
L.S.
Warning Sign (10 Square Feet or Less)
School Sign (10 Square Feet or Less)
Curb and Gutter
Traffic Control
Concrete Curb Ramp
Mobilization (Not to exceed 10 percent of the sum of all items excluding the bid price of this item)
631.0200
631.0300
638.0100
645.0100
650.0100
699.0100
11/27/12 P-13
NOTE:
L.S.
Regulatory Sign (10 Square Feet or Less)
631.0100
Bidders must complete all unit prices and amounts.
Failure to do so may be grounds for rejection of bid.
Amount for Comparison of Bids (a + b) ?????????????????????????
c.
All bidders must fill in b and complete c.
Either Furnish Foreign Steel Not to Exceed Minimal Amount (Fill in ‘0’) or Furnish Foreign Steel in Excess of Minimal Amount (Fill in 25% x a) ????????????
b.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
UNIT PRICE L.S.
Sum of All Items for Kuaoa Street .?????????????????.?????????.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
UNIT
a.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
Sign Post for School Sign
630.0200
APPROX. QUANTITY L.S.
Sign Post for Regulatory Sign
ITEM
630.0100
ITEM NO.
PROPOSAL SCHEDULE – Kuaoa Street
$
$
$
___
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
AMOUNT
L.S.
Removal of Concrete Sidewalk
Removal of AC Pavement
Installation, Maintenance, Monitoring, and Removal of BMP
Aggregate Base
HMA Pavement, Mix No. V
Single White 12-Inch Pavement Striping (Thermoplastic Extrusion)
Single Yellow 8-Inch Pavement Striping (Thermoplastic Extrusion)
202.0300
202.0400
209.1000
304.0100
401.0100
629.0100
629.0200
Pavement Word, Thermoplastic Extrusion
Sign Post for Regulatory Sign
629.0600
630.0100
11/27/12 P-14
Type H Pavement Markers
629.0500
629.0400
Single Yellow 4-Inch Dashed Pavement Striping (Thermoplastic Extrusion) Double Yellow 4-Inch Pavement Striping (Thermoplastic Extrusion)
L.S.
Removal of Concrete Curb and Gutter
202.0200
629.0300
L.S.
Removal of Pavement Striping and Raised Pavement Markers
202.0100
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
ITEM
ITEM NO.
APPROX. QUANTITY
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
UNIT
PROPOSAL SCHEDULE – Kahuhipa Street
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
UNIT PRICE
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
AMOUNT
L.S.
Traffic Control
Concrete Curb Ramp
Mobilization (Not to exceed 10 percent of the sum of all items excluding the bid price of this item)
645.0100
650.0100
699.0100
11/27/12 P-15
NOTE:
L.S.
Warning Sign (10 Square Feet or Less) Curb and Gutter
631.0200 638.0100
Amount for Comparison of Bids (a + b) ?????????????????????????
c.
Bidders must complete all unit prices and amounts.
Failure to do so may be grounds for rejection of bid.
Either Furnish Foreign Steel Not to Exceed Minimal Amount (Fill in ‘0’) or Furnish Foreign Steel in Excess of Minimal Amount (Fill in 25% x a) ????????????
b.
All bidders must fill in b and complete c.
Sum of All Items for Kahuhipa Street????????????????..?????????.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
UNIT PRICE
a.
L.S.
L.S.
L.S.
L.S.
L.S. L.S.
L.S.
L.S.
L.S.
UNIT
L.S.
L.S.
Regulatory Sign (10 Square Feet or Less)
631.0100
L.S.
APPROX. QUANTITY
Sign Post for Warning Sign
ITEM
630.0200
ITEM NO.
PROPOSAL SCHEDULE – Kahuhipa Street
$
$
$
_
_
_
$___________
$___________
$___________
$___________
$___________
$___________
$___________
AMOUNT
L.S. L.S. L.S. L.S.
Removal of Concrete Curb and Gutter
Removal of Concrete Sidewalk
Removal of Concrete Pavement
Removal of AC Pavement
Installation, Maintenance, Monitoring, and Removal of BMP
Aggregate Base
HMA Pavement, Mix No. V
Single White 12-Inch Pavement Striping (Thermoplastic Extrusion)
Single Yellow 8-Inch Pavement Striping (Thermoplastic Extrusion)
Single Yellow 4-Inch Dashed Pavement Striping (Thermoplastic Extrusion)
Double Yellow 4-Inch Pavement Striping (Thermoplastic Extrusion)
202.0300
202.0400
202.0500
202.0600
209.1000
304.0100
401.0100
629.0100
629.0200
629.0300
629.0400
11/27/12 P-16
L.S.
Removal of Curbs
202.0200
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
Removal of Pavement Striping and Raised Pavement Markers
202.0100
L.S.
APPROX. QUANTITY
Clearing and Grubbing
ITEM
201.0100
ITEM NO.
PROPOSAL SCHEDULE – Paiwa Street
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
UNIT
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
UNIT PRICE
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
AMOUNT
L.S.
Curb Markings (Red Paint)
Sign Post for Regulatory Sign
Sign Post for Warning Sign
Regulatory Sign (10 Square Feet or Less)
Warning Sign (10 Square Feet or Less)
Concrete Thru Gutter Traffic Control
Concrete Curb Ramp
Mobilization (Not to exceed 10 percent of the sum of all items excluding the bid price of this item)
629.0800
630.0100
630.0200
631.0100
631.0200
638.0300 645.0100
650.0100
699.0100
11/27/12 P-17
L.S.
Pavement Word (Thermoplastic Extrusion)
629.0700
L.S. L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
Type H Pavement Markers
629.0600
L.S.
APPROX. QUANTITY
Type D Pavement Markers
ITEM
629.0500
ITEM NO.
PROPOSAL SCHEDULE – Paiwa Street
L.S.
L.S.
L.S. L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
UNIT
L.S.
L.S.
L.S. L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
UNIT PRICE
$___________
$___________
$___________ $___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
AMOUNT
11/27/12 P-18
NOTE:
Amount for Comparison of Bids (a + b) ?????????????????????????
c.
Bidders must complete all unit prices and amounts.
Failure to do so may be grounds for rejection of bid.
Either Furnish Foreign Steel Not to Exceed Minimal Amount (Fill in ‘0’) or Furnish Foreign Steel in Excess of Minimal Amount (Fill in 25% x a) ????????????
UNIT PRICE
b.
UNIT
Sum of All Items for Paiwa Street???????????????????????????.
APPROX. QUANTITY
a.
ITEM
All bidders must fill in b and complete c.
ITEM NO.
PROPOSAL SCHEDULE – Paiwa Street
$
$
$
AMOUNT
L.S. L.S. L.S.
Removal of Concrete Curb and Gutter
Removal of Concrete Sidewalk
Removal of Sign and Post
Removal of AC Pavement
Removal of Tree
Installation, Maintenance, Monitoring, and Removal of BMP
Aggregate Base
HMA Pavement, Mix No. V
Tree
Tree Well Frame and Grate
Single White 12-Inch Pavement Striping (Thermoplastic Extrusion)
Single Yellow 4-Inch Dashed Pavement Striping (Thermoplastic Extrusion)
Double Yellow 4-Inch Pavement Striping (Thermoplastic Extrusion)
Type D Pavement Markers
202.0200
202.0300
202.0400
202.0500
202.0600
209.1000
304.0100
401.0100
619.0100
619.0200
629.0100
629.0300
629.0400
629.0500
11/27/12 P-19
L.S.
Removal of Pavement Striping and Raised Pavement Markers
202.0100
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
ITEM
ITEM NO.
APPROX. QUANTITY
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
UNIT
PROPOSAL SCHEDULE – Mokuola Street
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
UNIT PRICE
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
AMOUNT
Pavement Word (Thermoplastic Extrusion)
Curb Markings (Red Paint)
Sign Post for Regulatory Sign
Sign Post for Warning Sign
Regulatory Sign (10 Square Feet or Less)
Warning Sign (10 Square Feet or Less) Curb and Gutter Traffic Control Concrete Curb Ramp Mobilization (Not to exceed 10 percent of the sum of all items excluding the bid price of this item)
629.0700
629.0800
630.0100
630.0200
631.0100
631.0200 638.0100 645.0100 650.0100
11/27/12 P-20
699.0100
Type H Pavement Markers
ITEM
629.0600
ITEM NO.
L.S.
L.S. L.S.
L.S. L.S. L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
UNIT
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
APPROX. QUANTITY
PROPOSAL SCHEDULE – Mokuola Street
L.S.
L.S. L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
L.S.
UNIT PRICE
$___________
$___________ $___________
$___________
$___________
$___________
$___________
$___________
$___________
$___________
AMOUNT
11/27/12 P-21
NOTE:
APPROX. QUANTITY
UNIT
UNIT PRICE
Failure to do so may be grounds for rejection of bid.
Total Sum Bid (includes item c for Oahu Avenue, Pauahi Street, Fifth Avenue, Paki Avenue, Kuahelani Avenue, Kuaoa Street,Kahuhipa Street, Paiwa Street, Mokuola Street) ????????????????????????????
Bidders must complete all unit prices and amounts.
a.
ITEM
PROPOSAL SCHEDULE – Total Sum Bid
Failure to do so may be grounds for rejection of bid.
Amount for Comparison of Bids (a + b) ?????????????????????????
c.
Bidders must complete all unit prices and amounts.
ITEM NO.
NOTE:
Either Furnish Foreign Steel Not to Exceed Minimal Amount (Fill in ‘0’) or Furnish Foreign Steel in Excess of Minimal Amount (Fill in 25% x a) ????????????
UNIT PRICE
b.
UNIT
Sum of All Items for Mokuola Street.??????????????????????????.
APPROX. QUANTITY
a.
ITEM
All bidders must fill in b and complete c.
ITEM NO.
PROPOSAL SCHEDULE – Mokuola Street
$
$
$
$
AMOUNT
AMOUNT
A Hawaii Product and preference may be available. In accordance with the Special Provisions, Offerors shall indicate on the Hawaii Product List “Schedule of Acceptable Hawaii Product and designation of Hawaii Products to be used”, from hereinafter. Offerors offering a Hawaii Product shall specify the product and class of the product offered. The Undersigned also agrees as follows: 1. That the bids submitted in this Proposal on which a Lump Sum Bid is asked include all materials, equipment, labor and all other incidental work required for the complete construction and installation of these improvements in accordance with the plans and specifications. 2. That the Award of Contract is conditioned upon the amount of funds available for the contract. 3. That bids will be compared on the basis of the Total Sum Bid price. 4. That the time of completion shall be within 150 consecutive calendar days from the official commencement date on the Notice to Proceed. 5. That the Director of Budget and Fiscal Services reserves the right to accept or reject any bid and to waive any defect therein. 6. That the Liquidated damages for each and every calendar day the Contractor may delay in the completion of this contract shall be $500.00 per calendar day. 7. That if this Proposal shall be accepted and the Undersigned shall fail to or neglect to contract as aforesaid, and to furnish the required bond to the City and County within 10 days from the date of receiving from the City and County the contract prepared and ready for execution, the City and County of Honolulu may determine that the Bidder has abandoned the contract, and thereupon, forfeiture of the security accompanying his Proposal shall operate and the same shall become property of the said City and County of Honolulu. 8. The undersigned certifies that she/he is licensed to undertake this project pursuant to Chapter 444, HRS, relating to licensing of Contractors. 9. HAWAII PRODUCTS PREFERENCE: In accordance with HRS §103D-1002 the Hawaii products preference may be applicable to this solicitation. In accordance with the Special Provisions, Offerors offering a Hawaii Product shall specify the product and class of the product offered. Offeror submitting a Hawaii Product (HP) shall identify the HP on the solicitation offer page(s). Any person desiring a Hawaii product preference shall have the product(s) certified and qualified if not currently on the Hawaii products list, prior to the deadline for receipt of offer(s) specified in the procurement notice and solicitation. The responsibility for certification and qualification shall rest upon the person requesting the preference.
Proposal Page 22
Persons desiring to qualify their product(s) not currently on the Hawaii product list shall complete form SPO-038, Certification for Hawaii Product Preference and submit to the Procurement Officer issuing the solicitation (IFB or RFP), and provide all additional information required by the Procurement Officer. For each product one form shall be completed and submitted (ie.3 products should have 3 separate forms completed). Form SPO-038 is available on the SPO webpage at http://hawaii.gov/spo under the ‘Quicklinks’ menu: click on ‘Forms for Vendors, Contractors, and Service Providers’. When a solicitation contains both HP and non-HP, then for the purpose of selecting the lower bid or purchase price only, the price offered for a HP item shall be decreased by subtracting 10% for the class I or 15% for the class II HP items offered, respectively. The lowest total offer, taking the preference into consideration, shall be awarded the contract unless the offer provides for additional award criteria. The contract amount of any contract awarded, however, shall be the amount of the price offered, exclusive of the preferences. Change in availability of Hawaii product. In the event of any change that materially alters the offeror’s ability to supply Hawaii products, the offeror shall notify the procurement officer in writing no later than five working days from when the offeror knows of the change and the parties shall enter into discussions for the purposes of revising the contract or terminating the contract for convenience. Refer to the Special Provisions for additional information regarding the Hawaii product preference. HAWAII PRODUCTS LIST SCHEDULE OF ACCEPTABLE HAWAII PRODUCT AND DESIGNATION OF HAWAII PRODUCTS TO BE USED Pre-Approved Hawaii Product Description
Class (I or II)
Manufacturer Vendor
Quantity
Unit Measure
Unit Price
Total Price Offered to City (a)
% (b)
Credit (a) x (b)
*F.O.B. jobsite, unloaded, including applicable general excise tax and use tax. The Hawaii product price shall not include installation costs
It is further understood by the bidder that in the event of any change that materially alters the bidder’s ability to supply Hawaii Products the bidder shall immediately notify the Officer-in-Charge in writing and the parties shall enter the discussions for the purpose of revising the contract or terminating the contract for convenience. 10. HAWAII COMPLIANCE EXPRESS. Prior to the award of the contract, the successful Offeror shall be registered as “compliant” on the State of Hawaii Compliance Express System (http://vendors.ehawaii.gov) or submit the required tax clearances from the State Department of Taxation and Internal Revenue Service, the Certificate of Compliance with the State Department of Labor and Industrial Proposal Page 23
Relations, and the Certificate of Good Standing with the Department of Commerce and Consumer Affairs Business Registration Division. Failure to provide proof of compliance, within the time that may be permitted by the City, may result in the rejection of the offer. Offerors are also encouraged to submit certificates referenced above, with their quotation, to expedite the award process. The City reserves the right to award to the next responsive, responsible Offeror if all certificates and other required documentation are not submitted within ten (10) calendar days of the City’s request. Enclosed herewith is Surety Bond Legal Tender Certificate of Deposit Share Certificate Cashier’s Check Treasurer’s Check Teller’s Check Official Check Certified Check
) ) ) ) (Circle one) ) ) ) ) )
for the sum of
DOLLARS
($ ), being not less than the sum required under Bid Deposit of the General Conditions. Respectfully submitted,
Bidder
Title: By: Address:
Telephone No.: Dated:
Proposal Page 24
BIDDER SHALL BE RESPONSIBLE TO CONFIRM THE EXISTENCE OF ANY ADDENDUM TO THIS BID SOLICITATION ACKNOWELDGE ADDENDUM (IF ANY) BY INDICATING THE DATE OF RECEIPT ADDENDUM NO. 1 ADDENDUM NO. 2 ADDENDUM NO. 3
ADDENDUM NO. 4 ADDENDUM NO. 5 ADDENDUM NO. 6
Proposal Page 25
CERTIFICATION OF COMPLIANCE WITH HRS 396-18, SAFETY AND HEALTH PROGRAMS FOR CONTRACTOR BIDDING ON CITY JOBS TRAFFIC ENGINEERING DEVICES AT VARIOUS LOCATIONS PHASE 1C OAHU AVENUE, PAUAHI STREET, FIFTH AVENUE, PAKI AVENUE, KUAHELANI AVENUE, KUAOA STREET, KAHUHIPA STREET, PAIWA STREET, AND MOKUOLA STREET RFB-DTS-736009 This is to certify that the undersigned will comply with the requirements of HRS 396-18, as follows: (A)
Pursuant to HRS 396-18, all bids and proposals in excess of $100,000 shall include a signed certification from the bidder that the written safety and health plan for the job will be available and implemented by the notice to proceed dates of the project. The written safety and health plan shall include: (1) A safety and health policy statement reflecting management commitment; (2) A description of the safety and health responsibilities of all levels of management and supervisors on the job and a statement of accountability appropriate to each; (3) The details of: (a) The mechanism for employee involvement in job hazard analysis; (b) Hazard identification, including periodic inspections and hazard correction and control; (c) Accident and “near-miss” investigations; and (d) Evaluation of employee training programs; (4) A plan to encourage employees to report hazards to management as soon as possible and to require management to address these hazards promptly; and (5) A certification by a senior corporate or Company manager that the plan is true and correct.
(B)
Failure to submit the required certification may be grounds for disqualification of the bid.
(C)
Failure to have available on site or failure to implement the written safety and health plan by the project’s notice to proceed shall be considered willful noncompliance and be sufficient grounds to disqualify the award and terminate the contract.
. Name of Contractor________________________________ Signature and Title ________________________________ Date ________________________________ Proposal Page 26
In accordance with Section 103D-302, HRS, all offers shall include the name of each person or firm to be engaged by the Offeror as a joint contractor or subcontractor in the performance of the contract for construction, and the nature and scope of work to be performed by each joint contractor or subcontractor. Offers that do not comply with this requirement may be evaluated in accordance with Section 103D-302(b) of the HRS. It is the sole responsibility of the Offeror to review the requirements of this project and determine the appropriate specialty contractor’s license that is required to complete the project. The Offeror acknowledges that as a general contractor (‘A’ or ‘B’ general contractor), the bidder is prohibited from undertaking any work solely or as part of a larger project, which would require the Offeror to act as a specialty (‘C’ license) contractor in any area in which the Offeror has no specialty contractor’s license. The Offeror must have the appropriate specialty contractor’s license either obtained on its own, or obtained automatically under HAR §16-77-32. In determining work that is to be performed by joint contractors or subcontractors, bidders shall be familiar with HRS 444, relating to licensing of contractors and the Hawaii Administrative Rules, Title 16, Department of Commerce and Consumer Affairs, Chapter 77, Contractors. General Engineering ‘A’ Contractors automatically have these ‘C’ specialty contractor’s licenses: C-3, C-9, C-10, C-17, C-24, C-31a, C-32, C-35, C-37a, C-37b, C-38, C-43, C-49, C56, C-57a, C-57b, and C-61. General Building ‘B’ Contractors automatically have these ‘C’ specialty contractor’s licenses: C5, C-6, C-10, C-12, C-24, C-25, C-31a, C-32a, C-42a, and C-42b. Contractor’s that are suspended or debarred by the State of Hawaii, State Procurement Office (SPO) under HRS Chapter 103D, cannot be considered for award during the suspension or debarment. However, suspended or debarred subcontractors may be listed. It shall be the responsibility of the Offeror to check the SPO website for current suspensions and debarments: www.hawaii.gov/spo, or phone (808) 587-4700. Contractors or subcontractors that are suspended or debarred by the State of Hawaii, Department of Labor and Industrial Relations (DUR) under HRS Chapter 104 are prohibited from performing any work on any State or county public works construction project. Therefore, if a offer involves a contractor or listed subcontractor that is suspended by DUR, the offer may be rejected as being nonresponsible. It shall be the responsibility of the Offeror to check the DUR website for current suspensions and debarments: www.hawaii.gov/labor, or phone (808) 586-8771. When more than one joint contractor or subcontractor is listed for a category of work, the Offeror shall identify the scope of work each will perform. Joint contractors or subcontractors shall also be listed for work to be completed under activities or alternates. All work not within the scope of work of the listed joint contractor(s) or subcontractor(s), shall be performed by the Offeror. List the required joint contractors or subcontractors for this project in the following table. Write in the complete name of the Joint Contractor or Subcontractor, the Contractor License Number, and the Nature and Scope of work to be performed by the firm. Proposal Page 27
COMPLETE NAME OF JOINT CONTRACTOR OR SUBCONTRACTOR
CONTRACTOR LICENSE NUMBER
SPECIFIC DESCRIPTION OF THE NATURE AND SCOPE OF WORK
Proposal Page 28
TRAFFIC ENGINEERING DEVICES AT VARIOUS LOCATIONS PHASE 1C: OAHU AVENUE, PAUAHI STREET, FIFTH AVENUE, PAKI AVENUE, KUAHELANI AVENUE, KUAOA STREET, KAHUHIPA STREET, PAIWA STREET, AND MOKUOLA STREET This is to certify that the undersigned understands and agrees to the provisions for Liquidated Damages, Section 3.16 of the General Terms and Conditions of the City and County of Honolulu, (8/1/13) and that submittal of our bid constitutes acceptance of the provisions and amount of liquidated damages that may be assess per calendar day as specified in the Special Provisions.
Date: Failure to submit this form with the bid may be cause for rejection.
Proposal Page 29
CERTIFICATE OF ACCEPTANCE OF SOLICITATION REQUIREMENTS It is understood and agreed that the undersigned acknowledges the following: 1.
The Offeror has read this solicitation document including any addenda, in its entirety;
2.
The Offeror understands and agrees to furnish, deliver, and perform the requirements of the solicitation in strict compliance with the solicitation document as amended, including any specifications, plans, and scope of work descriptions, without any exceptions, if awarded a contract;
3.
The Offeror understands and agrees that no substitution or alternate brands may be furnished without the written approval of the City (see “Request for Substitution” in the General Instructions to Offerors);
4.
The Offeror understands that the Contractor shall resolve any noncompliance with the requirements of the awarded contract at the Contractor’s own expense.
5.
The Offeror will make all modifications or customizations to the brand and model being offered as necessary to meet all specifications, at no additional cost. Offeror guarantees that all modifications or customizations done to meet specifications shall not affect the quality or operation of the product; and
6.
The Offeror understand that FAILURE TO MEET CONTRACT REQUIREMENTS WILL CONSTITUTE A BREACH OF CONTRACT THAT MAY RESULT IN SUSPENSION OR DEBARMENT, AND THE EXERCISE OF RIGHTS AND REMEDIES AS PROVIDED BY LAW. Contract requirements include any specifications, plans, and scope of work descriptions;
7.
The undersigned is an authorized representative of the Offeror and can legally obligate the Offeror thereto.
Offeror: Signature: Print Name: Title: Date: Phone: Proposal Page 30
(Bondbid.frm, 7/99)
SURETY BID BOND Bond No.
KNOW TO ALL BY THESE PRESENTS: That we, (full name or legal title of Bidder) as Bidder, hereinafter called Principal, and (Name of bonding company) as Surety, hereinafter called Surety, a corporation authorized to transact business as a surety in the State of Hawaii, are held and firmly bound unto the CITY AND COUNTY OF HONOLULU, as Owner, hereinafter called Owner, in the penal sum of DOLLARS ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS: The Principal has submitted an offer for
,
(Project number, if available, and description) NOW, THEREFORE: The condition of this obligation is such that if the Owner shall reject said offer, or in the alternate, accept the offer of the Principal and the Principal shall enter into a Contract with the Owner in accordance with the terms of such offer, and give such bond or bonds as may be specified in the solicitation or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof as specified in the solicitation then this obligation shall be null and void, otherwise to remain in full force and effect. Signed this
day of
, 20
. (Principal)
By Its (Surety) By Its Attorney-in-Fact Proposal Page 31
CONTRACT NO. CT-XXX-XXXXXXX Solicitation No. RFB-DTS-736009 THIS AGREEMENT, made and entered into on , by and between the CITY AND COUNTY OF HONOLULU, a municipal corporation existing under and by virtue of the laws of the State of Hawaii, with offices at Honolulu Hale, 530 South King Street, Honolulu, Hawaii 96813, hereinafter called the “CITY”, and [CONTRACTOR’S LEGAL NAME] whose principal place of business is [CONTRACTOR’S ADDRESS], hereinafter called the “CONTRACTOR.” WITNESSETH THAT: WHEREAS, the CITY desires to engage the CONTRACTOR to perform work for the [Project Descriptions]: and WHEREAS, a solicitation for bids and the selection of the CONTRACTOR were made in accordance with section 103D-302, Hawaii Revised Statutes (HRS) and the related Hawaii Administrative Rules (HAR). The CONTRACTOR has been identified as the lowest responsible and responsive Offeror, whose offer meets the requirements and criteria set forth in the invitation; and WHEREAS, the CONTRACTOR is willing and able to provide the services set forth in the AGREEMENT; NOW, THEREFORE, the CITY and the CONTRACTOR, in consideration of the foregoing and the mutual promises hereinafter set forth, the sufficiency and adequacy of which are hereby acknowledged, and intending to be legally bound, hereby mutually agree as follows: 1. This Contract and the following documents, appendices and exhibits collectively form the “AGREEMENT” of “Contract Documents”, all of which are attached hereto and incorporated herein: This Contract Solicitation No. RFB-DTS-736009 CONTRACTOR’s Proposal The Contract Documents as listed hereinabove are in the order of controlling preference should there be any conflict in the terms; provided, however, that portions in the CONTRACTOR’s Proposal that exceed specification requirements in the solicitation document will become the new minimum Contract requirements. 2. The CONTRACTOR shall furnish all services, labor, goods, materials, supplies equipment and other incidentals reasonably necessary for the successful completion of the work contemplated under this AGREEMENT (Work). 3. The CITY agrees to pay the CONTRACTOR for the satisfactory performance and completion of the Work in accordance with the payments schedule and provisions, all as set forth in the AGREEMENT. The total amount of this AGREEMENT shall not exceed [Dollar amount spelled out] ($XX.XX), which is the maximum payable under this AGREEMENT and CONTRACT
1
inclusive of all taxes. CONTRACTOR shall not pass through any increases in taxes to the CITY. Such payments shall be provided from the following funds: Federal Funds [Dollar Amount] City Funds [Dollar Amount] It is hereby agreed by and between the parties hereto that the sum of [Dollar Amount] shall be paid only out of the applicable Federal funds, and that this AGREEMENT shall be construed to be an agreement by the CITY to pay such compensation to the CONTRACTOR only out of the aforesaid Federal funds when such Federal funds are received from the Federal Government. 4. The term of the Contract shall be the duration as provided in Solicitation No. RFB-DTS736009. 5. The CONTRACTOR will prosecute said work in an efficient manner so as entirely to complete and perform said work within the time set forth in Solicitation No. RFB-DTS-736009. IN WITNESS WHEREOF, this AGREEMENT is executed herein by the duly authorized officers or agents of the CITY and the CONTRACTOR. CITY AND COUNTY OF HONOLULU BY:
CONTRACTOR’S LEGAL NAME BY:
PRINTED NAME:
PRINTED NAME:
TITLE: Director Department of Budget and Fiscal Services DATE:
TITLE: DATE:
APPROVED AS TO FORM AND LEGALITY
Deputy Corporation Counsel City and County of Honolulu
CONTRACT
2
3
GENERAL INSTRUCTIONS TO OFFERORS
CITY AND COUNTY OF HONOLULU
TABLE OF CONTENTS CHAPTER 1.0: GENERAL ..................................................................................................... 3 1.1 Introduction. .................................................................................................................. 3 1.2 Application..................................................................................................................... 3 1.3 Definitions...................................................................................................................... 3 CHAPTER 2.0: SOLICITATION ............................................................................................ 4 2.1 Order of precedence.................................................................................................... 4 2.2 City’s estimates. ........................................................................................................... 4 2.3 Pre-bid or pre-proposal conference. ......................................................................... 4 2.4 Examination of site....................................................................................................... 4 2.5 Price Items. ................................................................................................................... 5 2.6 Applicable Taxes. ......................................................................................................... 6 2.7 Wages, Hours and Working Conditions. .................................................................. 6 2.8 Insurance and indemnification. .................................................................................. 7 2.9 Performance and payment bonds. ............................................................................ 7 2.10 Bid security.................................................................................................................... 8 2.11 Brand names, model, make or method. ................................................................... 8 2.12 Acknowledgement of liquidated damages provision. ............................................. 9 2.13 Acknowledgement of examination of site................................................................. 9 2.14 Supplemental requirements for Construction projects. .......................................... 9 2.15 General Terms & Conditions. ................................................................................... 11 2.16 Request for clarification............................................................................................. 11 2.17 Request for substitution. ........................................................................................... 11 2.18 Solicitation addenda. ................................................................................................. 13 2.19 Cancellation of solicitation. ....................................................................................... 14 2.20 Offer Prices. ................................................................................................................ 14 CHAPTER 3.0: PREFERENCES ........................................................................................ 15 3.1 Applicability of preferences....................................................................................... 15 3.2 Hawaii Products Preferences................................................................................... 15 3.3 Recycled products preference. ................................................................................ 16 3.4 Public works construction; Apprenticeship agreement preference. ................... 16 3.5 Other Preferences...................................................................................................... 18 The following preferences may apply to a solicitation if an offer form or certificate for the preference is included in the solicitation document. ...... 18 3.6 Evaluation of preferences. ........................................................................................ 18
GENERAL INSTRUCTIONS TO OFFERORS (Dated 8/1/13)
1
CHAPTER 4.0: OFFER ......................................................................................................... 19 4.1 Preparation of offers. ................................................................................................. 19 4.2 Certificate of Acceptance of Solicitation Requirements. ...................................... 19 4.3 Certificate of cost or pricing data. ............................................................................ 20 4.4 Proprietary or Confidential. ....................................................................................... 20 4.5 Offer Submission........................................................................................................ 20 4.6 Pre-opening or pre-registration modification or withdrawal of offers. ................ 20 CHAPTER 5.0: OPENING OF BIDS AND REGISTRATION OF PROPOSALS......... 22 5.1 Public bid opening of RFB solicitations. ................................................................. 22 5.2 Registration of RFP solicitations.............................................................................. 22 5.3 Late offers, late withdrawals and late modifications. ............................................ 22 5.4 Time for acceptance of offer..................................................................................... 22 CHAPTER 6.0: EVALUATION OF OFFERS..................................................................... 24 6.1 Mistakes in bid; corrections or withdrawals after solicitation opening or registration of offer. ............................................................................................ 24 6.2 Waiver of informalities. .............................................................................................. 24 6.3 Multiple or alternate offers. ....................................................................................... 24 6.4 Conditioned offers. ..................................................................................................... 24 6.5 Limiting acceptance to entire offer. ......................................................................... 24 6.6 Anti-competitive practices......................................................................................... 25 6.7 Unauthorized communications................................................................................. 25 6.8 Suspended or debarred List. .................................................................................... 25 6.9 Disqualification of an Offeror. ................................................................................... 25 6.10 Non-responsive offers or non-responsible Offerors. ............................................ 26 6.11 Rejection of offers. ..................................................................................................... 26 CHAPTER 7.0: DISCUSSION & BEST AND FINAL OFFER ........................................ 27 7.1 Priority Listed Offers. ................................................................................................. 27 7.2 Discussions. ................................................................................................................ 27 7.3 Best and Final Offer (BAFO). ................................................................................... 27 CHAPTER 8.0: AWARD ....................................................................................................... 29 8.1 Request for Competitive Sealed Bids (RFB) solicitations. .................................. 29 8.2 Request for Competitive Sealed Proposals (RFP) solicitation. .......................... 29 8.3 Exceeding available funds. ....................................................................................... 29 8.4 Verification of Responsibility of Offeror. ................................................................. 30 8.5 Execution of contract. ................................................................................................ 30 8.6 Awards of less than $100,000 and $250,000. ....................................................... 31 8.7 Cancellation of award. ............................................................................................... 31 CHAPTER 9.0: DEBRIEFING, PROTEST, SUSPENSION AND DEBARMENT........ 32 9.1 Debriefing. ................................................................................................................... 32 9.2 Authority to resolve protested solicitations and awards....................................... 32 9.3 Authority to debar or suspend. ................................................................................. 32 9.4 Solicitation or award in violation of law................................................................... 32
GENERAL INSTRUCTIONS TO OFFERORS (Dated 8/1/13)
2
CHAPTER 1.0: 1.1
GENERAL
Introduction. These General Instructions to Offerors (“Instructions”) state the City's policies relating to Request for Competitive Sealed Bids (RFB) and Request for Competitive Sealed Proposals (RFP) solicitations. Before submitting a bid or a proposal, the Offeror shall be responsible for reading and examining the solicitation documents, including Offer pages, Scope of Work, Special Provisions, Exhibits, City’s General Terms and Conditions, addenda (if any), and any other sections or documents attached hereto, these Instructions and all applicable requirements by law. Submission of an offer shall be deemed verification of such reading and examination. No Offeror shall in any way be relieved of any obligation with respect to its offer or the contract due to its failure or neglect to secure, receive, examine, familiarize itself with, acquaint itself with, or understand the work requirements, the Solicitation Documents, or any addenda hereto, applicable standards or requirements, or existing conditions, difficulties, restrictions or obstacles. No claim for additional compensation to the Offeror shall be allowed based on lack of knowledge or misunderstanding.
1.2
Application. These General Instructions to Offerors (“Instructions”) shall only apply to procurements conducted under Hawaii Revised Statutes §103D-302 and §103D303. These Instructions, and any solicitation using these Instructions, are subject to the Hawaii Revised Statutes (“HRS”) §103D and the Hawaii Administrative Rules (“HAR”) Title 3, Department of Accounting and General Services. Should any provision herein be inconsistent with the HRS or HAR, the HRS or HAR, respectively, shall govern. Provisions from the HRS and HAR are presented for convenience only and may not be complete. Unless otherwise specified, these instructions are not intended to be incorporated into awarded contracts.
1.3
Definitions. The terms used in this General Instructions to Offerors shall have the same meanings as defined in the City’s General Terms and Conditions.
GENERAL INSTRUCTIONS TO OFFERORS (Dated 8/1/13)
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CHAPTER 2.0: 2.1
SOLICITATION
Order of precedence. Whenever separate Offer pages, Scope of Work, Special Provisions, Exhibits, requirements, specifications or plans are referred to or attached hereto, they shall be considered a part of this solicitation document as if contained herein. Should any of the offer pages, scope of work, special provisions, requirements, specifications or plans conflict with these Instructions to Offerors, said Offer pages, Scope of Work, Special Provisions, requirements, specifications or plans shall govern.
2.2
City’s estimates. Any estimate provided by the City is for the convenience of the Offeror only and the City does not represent or warrant its accuracy. An Offeror should conduct its own review and analysis and not base its offer on the City’s estimate.
2.3
Pre-bid or pre-proposal conference. Pre-bid or pre-proposal conference, if held, shall be announced in the solicitation document, or in an addendum. Unless specified otherwise in the solicitation, preoffer conferences shall be non-mandatory. Nothing stated at the pre-offer conference shall change the solicitation unless a change is made by written addendum.
2.4
Examination of site. When applicable, the Offeror shall examine carefully the site of the proposed work before submitting an offer. The submission of an offer shall be considered as a warranty that the Offeror has made such examination and is satisfied with the conditions to be encountered in performing the work. (a)
Surface and subsurface conditions. Where subsurface conditions are known to the City in respect to foundation or other design, the Offeror may inspect the records of the City as to such information and examine any sample that may be available. Where such information is shown in the plans, said information represents only the statement by the City as to the character of material which has been actually encountered by the City and is included only for the convenience of the Offeror. The City makes no representations as to the conditions which will actually be encountered by the Offeror. Any subsurface information or hydrographic survey data furnished are for the Offeror’s convenience only. The information and data furnished are the product of the Officer-in-Charge's interpretation of the facts gathered in
GENERAL INSTRUCTIONS TO OFFERORS (Dated 8/1/13)
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investigations made at the specific locations indicated to aid in the design of the project, and the City assumes no responsibility whatsoever in respect to the sufficiency or accuracy of borings or of the log of test borings or other preliminary investigations, or of the interpretation thereof, and there is no guaranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the work. In addition, no assurance is given that conditions found at the time of the subsurface explorations, such as the presence or absence of water, will be the conditions that prevail at the time of construction. The Offeror shall be solely responsible for all assumptions, deductions, or conclusions the Offeror may make or derive from the subsurface information or data furnished. Making information concerning subsurface conditions available to Offerors is not to be construed in any way as a waiver of the Offeror’s responsibility to examine the solicitation document and site. The Offeror must satisfy itself through its own investigations as to conditions to be encountered. (b)
Utilities, underground. All underground water, gas, oil, telephone, electric, storm drain, sewer, and other pipes or conduits, shown on the plans, are only approximate in their locations. The Offeror shall make a personal investigation and inspection of the records and drawings possessed by owners of the utilities. The Offeror shall make satisfactory arrangements with the owners of the utilities for the relocation, maintenance and protection of existing utilities.
(c)
Materials and equipment. The City does not assume any responsibility for the availability of any materials or equipment required under this contract. Unless otherwise specified in the solicitation, the Offeror shall be considered as having taken into account when submitting an offer the availability of materials or equipment required under the contract, except as provided for in applicable sections of the City’s general conditions.
2.5
Price Items. (a)
Unless otherwise specified in the solicitation document, Offerors must provide a price for all items listed in the solicitation document.
(b)
When alternates are provided for in the solicitation, Offerors should enter a price for each and every item listed setting forth the amount to be added to or deducted from the Offeror's total basic price should such alternate be incorporated into the contract. Failure to enter a price for each and every item may result in the Offeror’s offer not being considered for award,
GENERAL INSTRUCTIONS TO OFFERORS (Dated 8/1/13)
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provided that if award is based on the item or items on which offers have been submitted, the Offeror's offer may be considered for award.
2.6
(c)
In case of discrepancy between prices written in words and those written in figures, the price written in words shall govern.
(d)
Offers in which prices are unbalanced, which contain omissions, erasures, alterations, or additions not called for, or irregularities of any kind shall be cause for rejection of an offer.
(e)
Any illegible or otherwise unrecognizable price shall be cause for rejection of an offer.
Applicable Taxes. Unless otherwise specified in the solicitation document, the Offeror shall include in its unit price and be responsible for paying all taxes, which shall be applicable to the goods, services, or construction or the furnishing and sale thereof. Offerors are directed to contact the Department of Taxation of the State of Hawaii for assistance as to whether the State of Hawaii excise tax, the applicable use tax, or other taxes will apply to the Offeror or contractor.
2.7
Wages, Hours and Working Conditions. (a)
Services projects When the offer is in excess of $25,000 for Services projects and a certification form is made a part of the solicitation, the said form shall be completed, signed by the Offeror, and submitted with the Offeror’s offer. Failure to submit the required certification may be grounds for disqualification of the Offeror’s offer. The certification form shall be used to certify that, if awarded the contract, the Offeror will comply with HRS §103-55, relating to Wages, hours and working conditions of employees of Contractor supplying services. The certification form further certifies that the services to be performed will be performed under the following conditions: (1)
(2)
Wages. The services to be rendered shall be performed by employees paid at wages or salaries not less than the wages paid to public officers and employees for similar work. Compliance with Labor Laws. Contractor shall be responsible for and comply with all applicable labor laws of the Federal and State governments, including worker’s compensation, unemployment compensation, payment of wages and safety standards.
GENERAL INSTRUCTIONS TO OFFERORS (Dated 8/1/13)
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(b)
Construction projects Offerors are advised of the applicability of HRS §104, “Wages and Hours of Employees on Public Work,” and the City’s applicable General Terms & Conditions. Offerors shall incorporate compliance with all the provisions of HRS §104 and the City’s applicable General Terms and Conditions into their offer.
2.8
Insurance and indemnification. (a)
Goods or Services projects Insurance and indemnification shall only be required for Goods or Services projects when specified in the solicitation document. Offeror shall include in its price, any and all costs to provide insurance and comply with the indemnity provisions as specified.
(b)
Construction projects Insurance and indemnification shall be required for all Construction projects. Offeror shall include in its price, any and all costs to provide insurance and comply with the indemnity provisions specified.
2.9
Performance and payment bonds. (a)
Goods or Services projects Contract performance and payment bonds shall only be required for Goods or Services projects when specified in the solicitation. Offeror shall include in its price, any and all costs to meet the bonds requirement of a project. Performance and payment bonds, when required, shall be as specified in the Special Provisions.
(b)
Construction projects Contract performance and payment bonds shall be required for all Construction projects. Offeror shall include in its price, any and all costs to meet the bonds requirement of a project. The amount of the performance and payment bonds shall be: (1) One hundred percent of the amount of the construction contract; or (2) The amount required by the terms of the federal funding contracts; or (3) In an amount specified in the solicitation documents if the contract price cannot be determined at the time of award.
GENERAL INSTRUCTIONS TO OFFERORS (Dated 8/1/13)
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2.10
Bid security. When required, Offerors shall provide, at no cost to the City, an offer security. If an offer security is required and an Offeror fails to accompany its offer with an offer security, the offer shall be deemed non-responsive, except as provided in HAR §3-122-223 (d). (a)
Applicability. (1) Goods or Services projects: Offer security shall only be required for Goods or Services projects when specified in the solicitation. (2) Construction projects: Offer security shall be required for all Construction projects.
(b)
Bid security amount. Unless otherwise specified in the solicitation, an offer security shall be in an amount equal to at least five per cent of the amount of the base offer and additive alternates.
(c)
2.11
An acceptable bid security shall be limited to: (1) Surety bond in the form attached to the solicitation and underwritten by a company licensed to issue bonds in this State. Failure to utilize the City’s surety bond forms shall not relieve the Offeror from liability or responsibility if it is discovered that the form utilized is not compliant with the HAR. (2) Legal tender; 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 a bank, a savings institution, or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, and payable at sight or unconditionally assigned to the Director of The Department of Budget and Fiscal Services, City and County of Honolulu. i) These instruments may be utilized only to a maximum of $100,000.00. ii) If the required security amount totals over $100,000.00, more than one instrument not exceeding $100,000.00 each and issued by different financial institutions shall be accepted.
Brand names, model, make or method. Where the solicitation document specifies one or more manufacturer's brand names or makes of materials, devices, equipment or system; it is indicating a quality, style, appearance, or performance, or method of construction. The Offeror shall Base its offer on one of the specified brands, makes, or method, or
GENERAL INSTRUCTIONS TO OFFERORS (Dated 8/1/13)
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on an alternate brand, make, or method which has expressly been found to be equal or better by the City in the solicitation or by written addendum to the solicitation. 2.12
Acknowledgement of liquidated damages provision. The Acknowledgment of Liquidated Damages Provision form when made a part of the solicitation shall be completed, signed by the Offeror, and submitted with the Offeror’s offer. Failure to submit the required acknowledgement may be grounds for rejection of the offer.
2.13
Acknowledgement of examination of site. The Acknowledgment of examination of site provision form when made a part of the solicitation shall be completed, signed by the Offeror, and submitted with the Offeror’s offer. Failure to submit the required acknowledgement may be grounds for rejection of the offer.
2.14
Supplemental requirements for Construction projects. (a)
Estimated quantities Unless otherwise specified, all quantities appearing in solicitation document for construction projects are approximate, and those indicated in the document are prepared for the comparison of offers only. The City does not, expressly or by implication, warrant that the actual quantities will correspond therewith. Offeror shall include in its prices offered, the entire cost of the performance of the contract, and it is understood and agreed that there is included in each lump sum or unit priced item, the entire cost of any and all items incidental to the performance of the work covered by such lump sum or unit priced item. When an Offeror is in doubt as to the proper item to which the anticipated cost of any item is to be allocated, the Offeror shall request clarification from the City, or shall include such cost in the lump sum or unit price offer for the item deemed most appropriate. Failure of the Offeror to request clarification shall bind the Offeror to complete such work at the prices submitted. (1) Unit priced items: For unit priced items, payment to the Contractor will be made only for the actual quantities of work performed and accepted or of materials furnished and accepted in accordance with the solicitation document and subject to applicable sections of the City’s General Terms and Conditions. (2) Lump sum items: The quantities in any item for a lump sum offer item are approximate only and payment will be made only for the item in place complete, regardless of the amount of material, equipment, and labor necessary to complete the same in a proper and professional manner and in accordance with the contract
GENERAL INSTRUCTIONS TO OFFERORS (Dated 8/1/13)
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documents. The Offeror shall verify these quantities in any manner deemed necessary or expedient. (b)
Joint contractor; subcontractor listing Offeror shall comply with HRS §103D-302, relating to the listing of joint contractors or subcontractors. Specialty work. Joint contractors and subcontractors may perform only the specialty work for which they are listed. When alternates are made a part of the offer, Offeror shall indicate, if applicable, the alternate and the basic work to be performed by each joint contractor or subcontractor. A listing that is incomplete, ambiguous, or erroneous may be cause for rejection of an offer. Offers which are not in compliance may be accepted if the City concludes that acceptance is in the best interest of the public and the value of the work to be performed by the joint contractor or subcontractor is equal to or less than one percent of the total sum offer amount.
(c)
Allowances Any allowance amount specified in the solicitation shall be considered an estimate of the amount required for the purpose specified and shall be included in the Offeror’s total sum offer. Offerors shall refer to the applicable sections of the City’s General Terms and Conditions regarding Allowances for more information.
(d)
Mobilization Offerors shall refer to the applicable sections of the City’s General Terms and Conditions regarding mobilizations for more information.
(e)
Employment of state residents on Construction projects. Offerors are advised of the applicability of HRS §103B, Employment of State Residents on Construction Procurement Contracts. HRS §103B requires the awarded Contractor to ensure that Hawaii Residents (as defined in the HRS §103B) compose not less that eighty percent (80%) of the workforce employed to perform the contract. This requirement shall apply to subcontracts of $50,000.00 or more in connection with any construction contract procured under HRS §103D.
(f)
Safety and health certification When the offer is in excess of $100,000.00, a Safety and Health certificate form shall be completed, signed by the Offeror, and submitted with the Offeror’s offer. Failure to submit the required certification may be grounds for rejection of the offer.
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The Safety and Health certificate shall be used to certify that, if awarded the contract, the Offeror will comply with HRS §396-18, relating to safety and health programs for contractors offering on City construction projects. 2.15
General Terms & Conditions. The City’s General Terms and Conditions shall be either incorporated by reference or by attachment to the solicitation. Offers submitted with any alterations to the City’s General Terms and Conditions so made by the Offeror without approval by the City may be sufficient cause for rejection of the offer.
2.16
Request for clarification. (a)
Examination of the solicitation document. Prospective Offeror should examine and review the solicitation document with care. If a prospective Offeror believes that any of the matters in, or related to, the solicitation are not sufficiently described or explained in the solicitation, or that any discrepancy exists between different parts of the solicitation, or that the full intent of the solicitation is not clear, then the Offeror shall submit a written request for clarification no later than the deadline stated in the solicitation document. The City is not obligated to response to any request received after the deadline.
(b)
Submission of requests for clarifications Written request for clarifications shall be submitted by facsimile transmission to (808) 768-3299 or e-mailed to
[email protected] or mailed hardcopy to: City and County of Honolulu Budget and Fiscal Services Purchasing Administrator 530 South King Street, Room 115 Honolulu, Hawaii 96813
2.17
Request for substitution. (a)
Goods or Services projects Alternate brands, makes, or methods may be qualified through the submittal of a written request for substitution for review and approval. An alternate brand, make, or method approved for one procurement or project is not to be considered as approved for any other procurement or project. Offeror shall submit a written request for substitution no later than the deadline stated in the solicitation document. Requests received after the deadline will be denied.
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Unless otherwise specified, written requests for substitution must state all features of the proposed substitution that differ from the brand, model, make or method specified in the solicitation. The written request shall also include sufficient evidence to the enable the City to evaluate each feature to determine if it is equal or better than specified brand, model, make or method. Written request for substitution shall be submitted by facsimile transmission to (808) 768-3299 or e-mailed to
[email protected], or mailed hardcopy to: City and County of Honolulu Budget and Fiscal Services Purchasing Administrator 530 South King Street, Room 115 Honolulu, Hawaii 96813 (b)
Construction projects Alternate brands, makes, or methods may be qualified through the submittal of a written request for substitution for review and approval. An alternate brand, make, or method approved for one procurement or project is not to be considered as approved for any other procurement or project. Offeror shall submit a written request for substitution no later than the deadline stated in the solicitation document. Requests received after the deadline will be denied. The written request must be clearly marked SUBSTITUTION REQUEST on the envelope. Six copies of the request must be submitted together with three sets of technical brochures which shall either be marked or be accompanied by three copies of a statement of variances. The statement of variances must list all features of the proposed substitution which differ from the contract documents, and must further certify that the substitute has no other variant features. The brochures must include sufficient evidence to enable the City to evaluate each feature listed as a variance. Should an unlisted variance be discovered after installation or delivery of the item, the Contractor shall immediately replace the item with the specified item at no cost to the City and without any extension to the contract completion time. The written substitution request shall be submitted in the following format: SECTION
ITEM
SPECIFIED
SUBSTITUTE
VARIANCE
(For a sample request form refer to General Terms and Conditions Exhibit P.)
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If sufficient evidence to make a determination of acceptability of the proposed substitute does not accompany a request for substitution, the request shall be denied unless the City allows further evidence to be submitted to qualify the same model and provided that such evidence is submitted prior to the specified deadline unless such period is extended by the City. Substitution requests not complying with the above requirements will be denied. Any Offeror whose offer is based on a substitute item which has been approved by the City shall include in its price offer the additional cost required for all modifications in the contract and the cost of all additional diagrams and drawings required to accommodate the substitute item. The modifications referred to include the changes in design that may be required for such work as, but not limited to, architectural, structural, electrical and plumbing. Written request for substitution shall be submitted by person, or mailed hardcopy to: City and County of Honolulu Budget and Fiscal Services Purchasing Administrator 530 South King Street, Room 115 Honolulu, Hawaii 96813 2.18
Solicitation addenda. (a)
Written addendum Oral interpretations or clarifications or changes or approved substitutions will be without legal effect. Only interpretations or clarifications or changes or approved substitutions provided by formal written addendum to the solicitation shall be binding.
(b)
Notification of addenda Notifications of addenda will be issued to all prospective Offerors known to have obtained a solicitation document from the City. If the addendum is issued after the receipt of proposals, notifications will be sent to those Offerors who submitted proposals or who are “priority listed.”
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(c)
Modification to price items Should an addendum or amendment modify the description and/or quantities of a price item, it shall be the responsibility of the Offeror to modify or withdraw its submitted offer, if necessary.
2.19
Cancellation of solicitation. A solicitation may be canceled in whole or in part and at any time during the solicitation process for reasons specified in, but not limited to, HAR §3-122-96.
2.20
Offer Prices. Unless otherwise specified in the solicitation, prices offered shall be based on f.o.b. place of destination and shall include all applicable taxes, freight, delivery, handling and related charges.
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CHAPTER 3.0:
PREFERENCES
This chapter shall not apply to Federally funded procurements. 3.1
Applicability of preferences. A preference shall only apply to a solicitation when:
3.2
(a)
An offer form or certificate for the preference is included in the solicitation document; and
(b)
The solicitation expressively indicates the applicability of the preference in the solicitation’s offer pages, special instructions or special provisions.
(c)
Any or all of the preferences of this section shall not apply whenever such application will disqualify the City from receiving federal funds or aid.
Hawaii Products Preferences. When specified in the solicitation, the Hawaii products preference is applicable to this project. In accordance with HRS §103D-1002 and HAR §3-12 the Hawaii products, identified in the schedule contained in the offer are acceptable to use in the work noted in this solicitation. The current Hawaii Products List is available on the State Procurement Office (SPO) website at http://hawaii.gov/spo/hawaii-public-procurement-code-chapter103d-hrs/preferences. To access the list, click on the “Hawaii Products” link. Offerors offering a Hawaii product shall identify the Hawaii product on the offer form. Any person desiring a Hawaii product preference shall have the product(s) certified and qualified if not currently on the Hawaii products list, prior to the deadline for receipt of offers specified in the solicitation. The responsibility for certification and qualification shall rest upon the person requesting the preference. Persons desiring to qualify their product(s) not currently on the Hawaii Products List shall complete form SPO-38, Certification for Hawaii Product Preference and submit to the Division of Purchasing, City and County of Honolulu, and provide all additional information required by the City. One form shall be completed for each product being requested (i.e. 3 products should have 3 separate forms completed). The form is available on the State Procurement Office (SPO) webpage at http://hawaii.gov/forms/state-procurement-office. To download the form, click on the “SPO-38” link. All Hawaii products in any offer shall be made available for inspection, or additional information may be requested to verify that the Hawaii product meets the minimum specifications.
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Where an offer contains both Hawaii and non-Hawaii products, then for the purpose of selecting the lowest price or purchase price only, the price offered for a Hawaii product item shall be decreased by subtracting ten per cent for class I Hawaii product items offered, or fifteen per cent for class II Hawaii product items offered. The price offered for the Hawaii product shall be f.o.b. jobsite, unloaded, including applicable general excise tax and use tax. The Hawaii product cost shall not include installation costs. The lowest offer, taking the preference into consideration, shall be awarded the contract unless the solicitation provides for additional award criteria. The contract amount of any contract awarded, however, shall be the amount of the price offered, exclusive of the preferences. Offeror submitting a offer with Hawaii Product shall identify the Hawaii Product on the designated offer form or certificate included in the solicitation. Offerors are advised of the applicability of the City’s General Terms and Conditions regarding change in availability of Hawaii product. 3.3
Recycled products preference. The recycled product preference shall not apply unless there is provided in the solicitation the items allowed for consideration and use as recycled products, the percent of recycled content required to qualify for a preference, and provided further that the Certification of Recycled Content form is included as part of the Offer pages.
3.4
Public works construction; Apprenticeship agreement preference. (a)
Definitions for purposes of this section: "Apprenticeable trade" – shall have the same meaning as "apprenticeable occupation" under HAR §12-30-5. "Employ" – shall mean the employment of a person in an employeremployee relationship. "Governmental body" – shall have the meaning as defined in HRS §103D104. "Party to an apprenticeship agreement" – shall mean a party to a registered apprenticeship program with the Department of Labor and Industrial Relations (DLIR). "Preference" – shall mean the 5% by which the qualified offer amount would be decreased for evaluation purposes. ”Public Work" - shall be as defined in HRS §104-2 and HAR §12-22-1. "Registered apprenticeship program" -- shall mean a construction trade program approved by the Department of Labor and Industrial Relations pursuant to HAR §12-30-1 and §12-30-4. "Sponsor" – shall mean an operator of an apprenticeship program and in whose name the program is approved and registered with the Department of Labor and Industrial Relations pursuant to HAR §12-30-1.
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(b)
Applicability For offers for a public works construction contract or public works construction component of a contract having an estimated value of not less than $250,000, the City shall, for evaluation purposes, decrease the offer amount of an Offeror by five per cent (5%) if the Offeror is a party to an apprenticeship agreement registered with the State of Hawaii, Department of Labor and Industrial Relations for each apprenticeable trade the Offeror will employ to construct the public works, and in conformance with HRS §372.
(c)
Procedures (1) Prior to solicitation opening Offeror seeking to claim the preference shall state the trades the Offeror will employ to perform the work. For each trade to be employed to perform the work, the Offeror shall submit a completed signed original Certification of Bidder’s Participation, Certification Form 1 verifying participation in an apprenticeship program registered with DLIR. The Certification Form 1 shall be authorized by an apprenticeship sponsor of DLIR list of registered apprenticeship programs. The authorization shall be an original signature by an authorized official of the apprenticeship sponsor. The completed Certification Form 1 for each trade must be submitted by the Offeror with the offer. A facsimile or copy is acceptable to be submitted with the offer; however, the signed original must be submitted within five (5) working days of the due date of the offer. Previous certifications shall not apply unless otherwise specified in this solicitation. DLIR Certification of Bidder’s Participation, Certification Form 1 can be found on the DLIR Workforce Development Division website (http://hawaii.qov/labor/wdd). (2) Offer Evaluation If the Offeror properly certifies participation in an apprenticeship program for each trade employed by the Offeror for the project and properly submits the required documents with the offer, upon verification, the City will apply the preference and decrease the Offeror's total offer amount by five per cent (5%) for evaluation purposes. The contract amount awarded, however, shall be the amount of the price offered, exclusive of the preference. Should be Offeror qualify for other statutory preferences, all applicable preferences shall be applied to the Offeror's price. (3) Contract administration Offerors are advised of the applicability of the City’s General Terms and Conditions regarding contract administration. (4) Enforcement Offerors are advised of the applicability of the City’s General Terms and Conditions regarding enforcement.
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3.5
Other Preferences. The following preferences may apply to a solicitation if an offer form or certificate for the preference is included in the solicitation document.
3.6
(a)
Printing, Binding, and Stationery Work
(b)
Reciprocal
(c)
Software Development Business
Evaluation of preferences. (a)
The evaluation of preferences shall be conducted in accordance with HRS §103D Part X and HAR §3-124.
(b)
Evaluation procedure and contract award. Solicitations allowing more than one preference shall be evaluated and awarded in accordance with HAR §3-124-25.
(c)
Preferences shall be for evaluation purposes only. The award contract amount shall be the amount of the offer, exclusive of any preference.
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CHAPTER 4.0: 4.1
OFFER
Preparation of offers. All offers shall comply with the following:
4.2
(a)
Shall be prepared using the solicitation documents provided for such purpose by the City. (1) Request for Sealed Bid Solicitation (RFB). Offeror shall detach the Offer pages designated in the solicitation document to be submitted and submit said section as its offer. (2) Request for Sealed Proposal Solicitation (RFP). Offeror shall refer to the “Proposal Format and Content” section of the Solicitation document for the City’s guidelines for offer submittals.
(b)
Shall be prepared in ink or typewritten. Errors may be erased or crossed out, and corrections typewritten or printed in ink but must be initialed in ink by the person or persons signing the offer.
(c)
Shall be signed in ink by the individual if offering as a sole proprietor, by one or more members of a partnership, by one or more members or officers of each entity in a joint venture, by one or more officers of a corporation, or by an agent of the Offeror legally qualified and acceptable to the City.
(d)
Shall not include samples or descriptive literature unless expressly requested. Any unsolicited samples, descriptive literature, or attachments will not be examined or tested, and will not be deemed to vary any of the provisions of the solicitation.
(e)
All costs to prepare and submit an offer shall be at the Offeror’s expense. The City will not reimburse any offer costs or any best and final offer costs incurred by any Offeror, any prospective Offeror, or any other person.
Certificate of Acceptance of Solicitation Requirements. The Certificate of Acceptance of Solicitation Requirements when made a part of the solicitation shall be completed, signed by the Offeror, and submitted with the Offeror’s offer. Failure to submit the required certification may be grounds for disqualification of the Offeror’s offer. The Offeror shall sign the Certificate of Acceptance of Solicitation Requirements to acknowledge that the Goods, Services, or Construction provided by the Offeror are in compliance with the Scope of Work specified in the solicitation. Deviations from the specified Scope of Work shall only be allowed by the approval of the City unless other wise specified in the solicitation.
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4.3
Certificate of cost or pricing data. When an offer in response to a Request for Competitive Sealed Proposal (RFP) solicitation is in excess of $100,000.00, a Certificate of cost or pricing data form shall be completed, signed by the Offeror, and submitted with the Offeror’s offer. Failure to submit the required certification may be grounds for disqualification of the Offeror’s offer. The Certificate of cost or pricing data shall be used to certify that the Offeror’s submitted cost or pricing data is accurate, complete, and current as of the date of the offer.
4.4
Proprietary or Confidential. Offeror shall clearly label any proprietary information as confidential and the information shall be readily separable from the offer to facilitate public inspection of the solicitation documents. Any information labeled as confidential will remain confidential to the extent provided by law. Offers submitted to the City shall become the property of the City.
4.5
Offer Submission. Unless otherwise specified in the solicitation, Offers shall be sealed in envelopes. The solicitation number, Offeror's name and address, and closing date of the solicitation should be printed on the outside of the envelope. The Offeror is responsible for the accuracy of printing the solicitation number and the closing date of the solicitation on the outside of the envelope. The offer envelope must be time stamped and deposited at the designated location in the solicitation. All offer envelopes must bear the Purchasing Division's time stamp mark. Envelopes which are not time stamped or which are time stamped after the specified solicitation closing time and date shall be rejected. Offerors are responsible for the submission of their offers on a timely basis. However, a late offer shall not be considered late if received before contract award and would have been timely but for the action or inaction of personnel within the offices of the Division of Purchasing.
4.6
Pre-opening or pre-registration modification or withdrawal of offers. Offers may be modified or withdrawn prior to the time and date set for receipt or solicitation opening. (a)
Method for modifications of an offer (1) A written notice accompanying the actual modification submitted and received in the office designated in the Notice to Offerors, stating that a modification to the offer is submitted; or
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(2)
(b)
A facsimile or electronic notice accompanying the actual modification submitted either by facsimile machine or electronic mail, to the office designated in the Notice to Offerors; provided, the Offeror submits the actual written notice and modification within two working days of receipt of the facsimile or the electronic transmittal.
Method for withdrawal of an offer: (1) A written notice submitted and received in the office designated in the Notice to Offerors; or (2) A facsimile or electronic notice to the office designated in the Notice to Offerors.
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CHAPTER 5.0: 5.1
OPENING OF BIDS AND REGISTRATION OF PROPOSALS
Public bid opening of RFB solicitations. The opening of offers shall be by a representative of the City, at the date and time stated in the solicitation, in the presence of all Offerors who attend. The opened offers shall be available for public inspection at the time of offer opening except to the extent that the Offeror designates trade secrets or other proprietary data to be confidential. Offerors shall ensure that material so designated as confidential shall be readily separable from the offer in order to facilitate public inspection of the non-confidential portion of the offer. Prices and makes and model or catalogue numbers of items offered, deliveries, and terms of payment shall be publicly available at the time of offer opening regardless of any designation to the contrary.
5.2
Registration of RFP solicitations. After the offer submittal due date, offers shall not be publicly opened, but shall be opened in the presence of two or more procurement officials. Offers and modifications shall be shown only to City personnel having legitimate interest in them. Proposals of the Offeror(s) shall be open to public inspection after the notice of award has been posted.
5.3
Late offers, late withdrawals and late modifications. Any notice of withdrawal, notice of modification of an offer with the actual modification, or any offers received at the place designated for receipt and solicitation opening after the time and date set for receipt and opening of offers is late and will not be considered for award. A late offer shall not be considered late if received before contract award and would have been timely but for the action or inaction of personnel within the offices of the Division of Purchasing.
5.4
Time for acceptance of offer. Unless otherwise stated in the solicitation, after solicitation opening or receipt of offers, an offer may be withdrawn only if the City fails to award the contract: (a)
For City-funded projects or projects funded in whole or in part by the federal government; within sixty (60) days of the date of solicitation opening or receipt of proposals;
(b)
For projects funded in whole or in part by the State, within one hundred fifty (150) days of the date of opening; and
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(c)
For improvement district projects, within three hundred (300) days of the date of opening.
(d)
The City may request Offerors to extend the time during which the City may accept their offers.
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CHAPTER 6.0: 6.1
EVALUATION OF OFFERS
Mistakes in bid; corrections or withdrawals after solicitation opening or registration of offer. An obvious mistake in an offer may be corrected or withdrawn, or waived by the City to the extent it is not contrary to the best interest of the City or to the fair treatment of other Offerors.
6.2
(a)
A mistake in an offer discovered after the deadline for receipt of offers but prior to award may be corrected or waived or the offer withdrawn under the conditions stated in HAR §3-122-31.
(b)
A mistake in an offer discovered after award of contract may be corrected or withdrawn if the City makes a written determination that it would be unreasonable not to allow the mistake to be remedied or withdrawn. The determination shall be final and conclusive.
Waiver of informalities. The City may waive or accept any minor informalities, irregularities, deviations or other defects, if in the City’s judgment such waiver or acceptance will be in the best interest of the City.
6.3
Multiple or alternate offers. Unless specifically provided for in the solicitation, multiple or alternate offers shall not be accepted and all such offers shall be rejected.This includes offers submitted by any one person under the same or different names. Without limiting the generality of the foregoing provision, a person shall be considered to have submitted more than one offer if such person submits more than one offer under the same name, or through agents, or through joint ventures, partnerships or corporation in which such person has more than a twenty-five per cent interest in each of them, or through any combination thereof.
6.4
Conditioned offers. Offers that are conditioned may be rejected. This includes any offer that is conditioned upon receiving award of both the particular contract being solicited and another City contract shall be deemed nonresponsive.
6.5
Limiting acceptance to entire offer. An Offeror may not limit acceptance to the entire offer, unless allowed by the solicitation:
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6.6
(a)
If the acceptance of an offer is so limited by the Offeror but not allowed, the offer will be determined to be not acceptable and rejected.
(b)
If the acceptance of an offer is so limited by the Offeror and allowed, the purchasing agency shall not reject part of the offer and award on the remainder.
Anti-competitive practices. If there is any evidence indicating that two or more Offerors are in collusion to restrict competition or have otherwise engaged in anti-competitive practices relating to the procurement, the offers of all such Offerors shall be rejected and such evidence may be a cause for the disqualification of the participants in any future procurement.
6.7
Unauthorized communications Except as otherwise authorized in the solicitation, offerors and their respective representatives shall not make any contact or communications with the Contracting Officer, any member of a Selection Committee or Evaluation Team appointed by the Contracting Officer, or any other City officer, employee or agent directly serving the procurement activity.
6.8
Suspended or debarred List. No contract will be awarded to any Offeror suspended or debarred by the Federal, State or City, or who has not provided any required clearances.
6.9
Disqualification of an Offeror. An Offeror may be disqualified and its offer may be rejected for any one or more of the following reasons: (a)
Offeror lacks proper equipment and/or sufficient experience to perform the work contemplated;
(b)
Offeror does not possess proper license, if required to cover the type of work contemplated, at the time of the offer submittal due date, unless otherwise specified in this solicitation;
(c)
Offeror who has uncompleted work on contracts in force, or a record of unsatisfactory work performance or delays on completed contracts or on contracts in force which, in the judgment of the City, might hinder or prevent the prompt completion of additional work if awarded;
(d)
Offeror who has complaints filed against the Offeror for abusive or threatening language or behavior during previous contracts toward any City Officer-in-Charge or his/her representative;
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6.10
(e)
Offeror who has had a previous contract terminated for default by the City;
(f)
Offeror who has failed to comply or is delaying compliance with the requirements for final inspection or final payment of the City’s General Terms and Conditions for any contract in force;
(g)
Offeror is determined to be non-responsible; or Offeror fails to pay, or satisfactorily settle, all bills overdue for labor and material on former City contracts prior to the offer submittal due date;
(h)
The Offeror was paid for services to develop or prepare the specifications or work statements.
Non-responsive offers or non-responsible Offerors. Offers submitted by Offerors who have been determined to be non-responsive or non-responsible shall be rejected. An offer is considered non-responsive when it does not conform in all material respects to the solicitation by reason of its failure to meet the requirements of the specifications or permissible alternates or other acceptability criteria set forth in the solicitation.
6.11
Rejection of offers. The City reserves the right to reject any or all offers when in the City's opinion; such rejection will be in the best interest of the City. Reasons for rejection of an offer includes but is not limited to the reasons stated in these instructions and the reasons stated in HAR §3-122-97 “Rejection of offers.”
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CHAPTER 7.0:
DISCUSSION & BEST AND FINAL OFFER
This chapter shall apply only to Request for Competitive Sealed Proposals (RFP) solicitations. 7.1
Priority Listed Offers. The City may establish a Priority List consisting of at least three (3) Offerors for discussions and Best and Final Offers (BAFOs). Those Offerors who are selected for the priority list are referred to as the "Priority-Listed Offerors (PLO)." The City will not publicly identify the Priority-Listed firms prior to the notice of award being posted.
7.2
Discussions. Discussions will be limited to only Priority-Listed Offerors (PLO). Discussions are held to: (1) Promote understanding of the City’s requirements and the prioritylisted Offeror’s proposals; and (2) Facilitate arriving at a contract that will provide the best value to the City, taking into consideration the evaluation factors set forth in the request for proposals. PLOs shall be accorded fair and equal treatment with respect to any opportunity for discussions and revisions of offers; however, offers may be selected without such discussion. Addenda to this RFP after establishment of a priority list shall be distributed only to PLOs. New proposals or amendments to the existing solicitation that, in the City’s sole judgment, significantly change the nature of the procurement will not be permitted. Should the City believe it is in its best interest to go forward with a significant change, then the solicitation may be cancelled and a new solicitation issued. Non-Disclosure of offer contents. The contents of any offer shall not be disclosed so as to be available to competing Offerors during the discussion process.
7.3
Best and Final Offer (BAFO). Although the City reserves the right to issue a request for Best and Final Offers (BAFOs), the City is under no obligation to do so. The City may make its selection and Award based on the initial offers submitted. If the City requests BAFOs, Priority-Listed Offerors may be informed of and requested and/or allowed to revise their offers, including correction of any weaknesses, minor irregularities, errors, and/or deficiencies identified to the Priority-Listed Offerors by the City following initial evaluation of the offers. The request for BAFOs will allow adequate time for the Priority-Listed Offerors to
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revise their offers. Upon receipt of any BAFOs, the process of evaluation will be repeated. The process will consider the revised information and re-evaluate and revise scores as appropriate. If discussions are held, the City will attempt to limit the selection process to a single BAFO following discussions.
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CHAPTER 8.0: 8.1
AWARD
Request for Competitive Sealed Bids (RFB) solicitations. For Request for Competitive Sealed Bids (RFB) solicitations under HRS §103D302, the contract shall be awarded with reasonable promptness by written notice to the lowest responsive, responsible Offeror whose offer meets the requirements and criteria set forth in the solicitation. (a)
Additive or deductive alternates In the event additive or deductive alternates are included in the solicitation, the lowest offer will be determined after adding to or deducting from the total basic price, the alternate or alternates considered for award. Alternates, if any are awarded, shall be awarded in the order listed in the offer. Award of alternates shall be dependent upon the availability of funds.
(b)
Low Tie Bids In the case low tie bids from responsible and responsive Offerors that are identical in price and which meet all the requirements and criteria set forth in the solicitation are received, award shall be made by the drawing of cards.
8.2
Request for Competitive Sealed Proposals (RFP) solicitation. For Competitive Sealed Proposal solicitations under HRS §103D-303, the contract shall be awarded to the responsible and responsive Offeror whose offer is determined in writing to provide the best value to the City taking into consideration the evaluation criteria set out in solicitation. Other factors and criteria shall not be used in the determination.
8.3
Exceeding available funds. In the event all offers exceed available funds as certified by the appropriate fiscal officer, and where time or economic considerations preclude re-solicitation of a reduced scope of work, the City may negotiate an adjustment of the offer price, including changes in the solicitation requirements, with the low responsive and responsible Offeror, in order to bring the offer within the amount of available funds.
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8.4
Verification of Responsibility of Offeror. Prior to the award of the contract, the successful Offeror shall be registered as “compliant” on the State of Hawaii Compliance Express System (http://vendors.ehawaii.gov) or submit the required tax clearances from the State Department of Taxation and Internal Revenue Service, the Certificate of Compliance with the State Department of Labor and Industrial Relations, and the Certificate of Good Standing with the Department of Commerce and Consumer Affairs Business Registration Division. Failure to provide proof of compliance, within the time that may be permitted by the City, will result in the rejection of the offer.
8.5
Execution of contract. Upon notification of award, the successful Offeror shall obtain the contract from the Division of Purchasing, Department of Budget and Fiscal Services, for execution. The contract document shall be returned within ten days from the date of notification of the award, or within such time as the City may allow. Failure to enter into the contract and to furnish satisfactory security, when required, within ten days from notice of award shall be cause for cancellation of the Offeror's award and forfeiture of the Offeror's offer security, if any, as liquidated damages and not as a penalty. The contract documents are to be completed and executed by the Offeror in the following manner: (a)
Notarization Each and every signature appearing on the contract form must be notarized by a notary public attesting to the persons signing, their titles. Each and every signature appearing on the bond forms, if applicable, must be notarized by a notary public attesting to the persons signing, their titles.
(b)
Authorization The City may require, in the case of a corporation, a corporate resolution authorizing the person(s) signing to execute the contract and bond. The City may require, in the case of a joint venture or partnership, a power of attorney authorizing the person(s) signing to execute the contract and bond. The surety, if applicable, may also be required to attach its corporate resolution or power of attorney authorizing the person(s) signing to execute the bond..
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(c)
Performance and payment bonds Performance and payment bonds, if required, shall be delivered at the same time the contract is executed. Submitted performance and payment bonds shall be in conformance with HAR §3-122-221, §3-122-222 and §3122-227.
(d)
Evidence of insurance coverages If insurance coverages are required by the solicitation, evidence of insurance coverages shall be delivered at the same time the contract is executed.
8.6
Awards of less than $100,000 and $250,000. On any individual award totaling less than $100,000 for Goods or Services and less than $250,000 for construction, the City reserves the right to award the contract by Purchase Order. The purchase order shall be performed in accordance with the terms set forth in the solicitation.
8.7
Cancellation of award. The City reserves the right to cancel the award of any contract any time before the signing of the contract by the City’s Budget and Fiscal Services Director.
GENERAL INSTRUCTIONS TO OFFERORS (Dated 8/1/13)
31
CHAPTER 9.0: 9.1
DEBRIEFING, PROTEST, SUSPENSION AND DEBARMENT
Debriefing. Debriefing shall apply only to Request for Competitive Sealed Proposal (RFP) solicitations. The purpose of a debriefing is to inform the non-selected Offerors of the basis for the source selection decision and contract award. A written request for a debriefing shall be made within three (3) working days after the posting of the award.
9.2
Authority to resolve protested solicitations and awards. Complaints and protest of awards shall be subjected to the requirements specified in HAR §3-126-1 and HRS §103D-701.
9.3
Authority to debar or suspend. The City, in accordance with the provisions of HRS §103D-702, and HAR §3126-2, may debar or suspend an Offeror for cause from consideration for award of contracts. The period of debarment shall not be more than three (3) years, and for suspension, not more than three (3) months.
9.4
Solicitation or award in violation of law. If a solicitation or award is found to be in violation of law, it shall be resolved in accordance with HAR §3-126-4.
GENERAL INSTRUCTIONS TO OFFERORS (Dated 8/1/13)
32
GENERAL TERMS AND CONDITIONS FOR THE CITY AND COUNTY OF HONOLULU DATED 8/1/13 The General Terms and Conditions of the City and County of Honolulu dated 8/1/13 (not physically attached), General Instructions to Offerors, Special Provisions and other application documents preceding these specifications shall govern all work specified hereinafter in all Divisions and Sections. The General Terms and Conditions for the City and County of Honolulu dated 8/1/13 may be obtained online by following the steps below: 1. Go to: www.honolulu.gov/pur 2. On the website’s Navigation panel click on the link titled: “General Terms and Conditions Instructions to Offerors”
CITY AND COUNTY OF HONOLULU DEPARTMENT OF TRANSPORTATION SERVICES HONOLULU, HAWAII
HAWAII STANDARD SPECIFICATIONS SPECIAL PROVISIONS
These Special Provisions shall supplement and/or amend the applicable provisions of the Hawaii Standard Specifications for Road and Bridge Construction, 2005, hereinafter referred to as the “Standard Specifications”.
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SECTION 101 - TERMS, ABBREVIATIONS, AND DEFINITIONS Make the following amendments to said Section: (I) Amend Subsection 101.03 line 189:
Definitions by adding the following after
“City - City and County of Honolulu. City and County - City and County of Honolulu.” (II) Amend Subsection 101.03 line 332:
Definitions by adding the following after
“Officer-in-Charge – The Director of Transportation Services. The Director of Finance shall now be known as the Director of Budget and Fiscal Services.” (III) Amend Subsection 101.03 line 246:
Definitions by adding the following after
“County - City and County of Honolulu, its Departments and agencies, acting through its authorized representative(s).” (IV) Amend Subsection 101.03 to read as follows:
Definitions by revising line 254 to line 255
“Department - Department of Budget and Fiscal Services, Department of Transportation Services, or the City and County of Honolulu, whichever is applicable.” (V) Amend Subsection 101.03 to read as follows:
Definitions by revising line 257 to line 258
“Director - When used in context as Contracting Officer, Director shall mean the Director of Budget and Fiscal Services of the City and County of Honolulu, acting directly or through its duly authorized representative. When used in context as Officer-In-Charge, Director shall mean the Director of the Department of Transportation Services of the City and County of Honolulu, acting through its duly authorized representative.” (VI) Amend Subsection 101.03 to read as follows:
Definitions by revising line 264 to line 265
“Engineer - When used in context as Contracting Officer, Engineer shall mean the Director of Budget and Fiscal Services of the City and County of Honolulu, acting directly or through its duly authorized representative. When used in
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context as Officer-In-Charge, Engineer shall mean the Director of the Department of Transportation Services of the City and County of Honolulu, acting through its duly authorized representative.” (VII) Amend Subsection 101.03 to read as follows:
Definitions by revising line 294 to line 296
“Highways Division - Engineering Division, Department of Transportation Services of the City and County of Honolulu.” (VIII) Amend Subsection 101.03 line 420:
Definitions by adding the following after
“Standard Details - Drawings provided by the County for specific items of work approved for repetitive use.” (IX) Amend Subsection 101.03 to read as follows:
Definitions by revising line 424 to line 425
“State - The State of Hawaii or City and County of Honolulu, its Departments and agencies, acting through its authorized representative(s), whichever is applicable.” (X) Amend Subsection 101.03 to read as follows:
Definitions by revising line 520 to line 528
“Working day – any day on the calendar, exclusive of holidays, Saturdays, Sundays and authorized City furlough days. Unless another meaning is intended, “working days” shall mean consecutive working days.”
END OF SECTION 101
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Amend Section 102 - Bidding Requirements and Conditions to read as follows: “SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS "102.01 Prequalification of Bidders. Prospective bidders shall be capable of performing the work for which they are bidding. According to said Section 103D-310, the Department may require any prospective bidder to submit answers to questions contained in the 'Standard Qualification Questionnaire For Prospective Bidders On Public Works Contracts' furnished by the Department, properly executed and notarized, setting forth a complete statement of the experience of such prospective bidder and its organization in performing similar work and a statement of the equipment proposed to be used, together with adequate proof of the availability of such equipment. Whenever it appears to the Department, from answers to the questionnaire or otherwise, that the prospective bidder is not fully qualified and able to perform the intended work, the Department will, after affording the prospective 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 consider any bid offered by the prospective bidder. All information contained in the answers to the questionnaire shall be kept confidential. Questionnaire so submitted shall be returned to the bidders after serving their purpose. No person, firm or corporation may bid where (1) the person, firm, or corporation, or (2) a corporation owned substantially by the person, firm, or corporation, or (3) a substantial stockholder or an officer of the corporation, or (4) a partner or substantial investor in the firm is in arrears in payments owed to the State/County or its political subdivisions or is in default as a surety or failure to do faithfully and diligently previous contracts with the State/County. 102.02 Contents of Proposal Forms. prospective bidders with proposal forms stating:
The Department will furnish
(1)
The location,
(2)
Description of the proposed work,
(3)
The approximate quantities,
(4)
Items of work to be done or materials to be furnished,
(5)
A schedule of items, and
(6)
The time in which the work shall be completed.
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Papers bound with or attached to the proposal form are part of the proposal. The bidder shall not detach or alter the papers bound with or attached to the proposal when the bidder submits its proposal. Also, the bidder shall consider other documents including the plans and specifications a part of the proposal form whether attached or not. 102.03 Issuance of Proposal Forms. The Department reserves the right to refuse to issue proposal forms to prospective bidders, which refusal may be based on the following: (1) Lack of competency or adequate machinery, plant, and other equipment (which determination may be based on the financial statement and experience questionnaires required under Subsection 102.01 Prequalification of Bidders); (2) Uncompleted work that might hinder or prevent the prompt completion of additional work if awarded; (3) Failure to pay or settle bills due for labor and material on former contracts in force at the time of issuance of the project proposal forms; (4)
Failure to comply with qualification regulations of the Department;
(5)
Default under previous contracts; or
(6)
Lack of responsibility and cooperation from past work.
102.04 Estimated Quantities. The quantities shown in the contract are approximate and are for the comparison of bids only. The actual quantity of work may not correspond with the quantities shown in the contract. No change in the contract unit price will occur for overruns or underruns. The Department will make payment to the Contractor for unit price items according to the contract for only the following: (1) Actual quantities of work done and accepted, not the estimated quantities; or (2) Actual quantities of materials furnished, not the estimated quantities. The Department may increase, decrease, or omit each scheduled quantities of work to be done and materials to be furnished. When the Department increases or decreases the estimated quantity of a contract item by more than 15% the Department will make payment for such items according to Subsection 104.06 - Methods of Price Adjustment.
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102.05 Examination of Contract and Site of Work. The bidder shall examine carefully the site of the proposed work and contract before submitting a proposal. By the act of submitting a bid for the proposed contract, the bidder warrants that: (1) The bidder and its Subcontractors have reviewed the contract documents and found them free from ambiguities and sufficient for the purpose intended; (2) The bidder and its workers, employees and subcontractors have the skills and experience in the type of work required by the contract documents bid upon; (3) Neither the bidder nor its employees, agents, suppliers or subcontractors have relied upon verbal representations from the Department, its employees or agents, including architects, engineers or consultants, in assembling the bid figure; and (4) The bases for the bid figure are solely on the construction contract documents. Also, the bidder warrants that the bidder has examined the site of the work. From its investigations the bidder acknowledges satisfaction on: (1)
The nature and location of the work;
(2)
The character, quality, and quantity of materials;
(3)
The difficulties to be encountered; and
(4)
The kind and amount of equipment and other facilities needed;
Subsurface information or hydrographic survey data furnished are for the bidders' convenience only. The data and information furnished are the product of the Department's interpretation gathered in investigations made at the specific locations. These conditions may not be typical of conditions at other locations within the project area or that such conditions remain unchanged. Also, conditions found at the time of the subsurface explorations may not be the same conditions when work starts. The bidder shall be solely responsible for assumptions, deductions, or conclusions the bidder may derive from the subsurface information or data furnished. If the Engineer determines that the natural conditions differ from that originally anticipated or contemplated by the Contractor in the items of
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excavation, the City may treat the difference in natural conditions, as falling within the meaning of Subsection 104.02 – Changes. 102.06 Preparation of Proposal. The submittal of its proposal shall be on forms furnished by the Department. The bidder shall specify in words or figures: (1)
A unit price for each pay item with a quantity given;
(2)
The products of the respective unit prices and quantities
(3)
The lump sum amount; and
(4) The total amount of the proposal obtained by adding the amounts of the several items. The words and figures shall be in ink or typed. If a discrepancy occurs between the prices written in words and those written in figures, the prices written in words shall govern. When an item in the proposal contains an option to be made, the bidder shall choose according to the contract for that particular item. Determination of an option will not permit the Contractor to choose again. The bidder shall sign the proposal properly in ink. A duly authorized representative of the bidder or by an agent of the bidder legally qualified and acceptable to the Department shall sign, including one or more partners of the bidder and one or more representatives of each entity comprising a joint venture. When an agent, other than the officer(s) of a corporation authorized to sign contracts for the corporation or a partner of a partnership, signs the proposals, a ‘Power of Attorney’ shall be on file with the Department or submitted with the proposal. Otherwise, the Department will reject the proposal as irregular and unauthorized. The bidder shall submit acceptable evidence of the authority of the partner, member(s) or officer(s) to sign for the partnership, joint venture, or corporation respectively with the proposal. Otherwise, the Department will reject the proposal as irregular and unauthorized. 102.07 Irregular Proposals. The Department may consider proposals irregular and may reject the proposals for the following reasons: (1) The proposal is a form not furnished by the Department, altered, or detached;
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(2) The proposal contains unauthorized additions, conditions, or alternates. Also, the proposal contains irregularities that may tend to make the proposal incomplete, indefinite, or ambiguous to its meaning; (3) The bidder adds provisions reserving the right to accept or reject an award. Also, the bidder adds provisions into a contract before an award; (4) The proposal does not contain a unit price for each pay item listed except authorized optional pay items; (5) Prices for some items are out of proportion to the prices for other items; or (6) If in the opinion of the Director, the bidder and its listed subcontractors do not have the Contactor’s licenses or combination of Contractor’s licenses necessary to complete the work. Where the prospective bidder is bidding on multiple projects simultaneously and the proposal limits the maximum gross amount of awards that the bidder can accept at one bid letting, the proposal is not irregular if the limit on the gross amount of awards is clear and the Department selects the awards that can be given. 102.08 Proposal Guaranty. The Department will not consider a proposal of $25,000 or more unless accompanied by: (1)
A deposit of legal tender; or
(2) A valid surety bid bond, underwritten by a company licensed to issue bonds in the State of Hawaii, in the form and composed, substantially, with the same language as provided herewith and signed by both parties; or (3) A certificate of deposit, share certificate, cashier's check, treasurer's check, teller's check, or official check drawn by, or a certified check accepted by and payable on demand to the County by a bank, savings institution, or credit union insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA). (a) The bidder may use these instruments 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 acceptable.
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(c) The instrument shall be made payable at sight to the Department. According to Section 103D-323, HRS, the above shall be in a sum not less than 5% of the amount bid. 102.09 Delivery of Proposal. The Bidder shall submit the proposal in a sealed envelope, bearing on the outside the identity of the project and its name and address. The Department will reject and return a proposal unopened if received after the time set for the opening of bids. 102.10 Withdrawal or Revision of Proposals. A bidder may withdraw or revise a proposal after the bidder deposits the proposal with the Department, provided the Department receives such withdrawal or revision request in writing before writing before the time set for the opening of bids. 102.11 Public Opening of Proposals. The Department will open and read the proposals publicly at the time and place shown in the Notice to Bidders. Invited are bidders, their authorized agents, and other interested parties to be present. 102.12 Disqualification of Bidders. The Department may disqualify a bidder and reject its proposal for the following reasons: (1) Submittal of more than one proposal, whether under the same or different name. (2) Evidence of collusion among bidders. The Department will not recognize participants in collusion as bidders for any future work of the Department until such participants are reinstated as qualified bidders. (3)
Lack of proposal guaranty.
(4)
Submittal of an unsigned or improperly signed proposal.
(5) Submittal of a proposal without a listing of subcontractors or containing only a partial or incomplete listing of subcontractors. (6) Submittal of an irregular proposal according to Subsection 102.07 Irregular Proposals. (7) Evidence of assistance from a person who has been an employee of the agency within the preceding two years and who participated while in State/County office or employment in the matter with which the contract is directly concerned, pursuant to Section 84-15, HRS. (8)
Suspended or debarred in accordance with HRS 104-25. 102-6a
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(9)
Failure to complete the prequalification questionnaire.
(10)
Failure to attend the mandatory pre-bid meeting, if applicable.
102.13 Material Guaranty. The successful bidder may be required to furnish a statement of the composition, origin, manufacture of materials, and samples. 102.14 Substitution of Materials and Equipment Before Bid Opening. (See Subsection 106.13 for Substitution Of Materials and Equipment After Bid Opening). (A) General. When brand names of materials or equipment are specified in the contract documents, they are to indicate a quality, style, appearance, or performance and not to limit competition. The bidder shall base its bid on one of the specified brand names unless alternate brands are qualified as equal or better in an addendum. Qualification of such proposed alternate brands shall be submitted in writing and addressed to the Contracts Officer. The face of the envelope containing the request must be clearly marked ‘SUBSTITUTION REQUEST’. The request may be hand-carried or mailed to the Office of the Division of Purchasing, Department of Budget and Fiscal Services, City and County of Honolulu. In either case, the written request must be received by the Division of Purchasing Office no later than 14 calendar days before the bid opening date, not including the bid opening date. The written request will be time stamped by the Division of Purchasing Office. For the purpose of this section, the time designated by the time stamping device in the office of the Division of Purchasing, Department of Budget and Fiscal Services shall be official. If the written request is hand-carried, the bearer is responsible to ensure that the request is time stamped by the Division of Purchasing Office. Submit 5 sets of the written request, technical brochures, and a statement of variances. An addendum will be issued to inform all prospective bidders of any accepted substitution in accordance with Subsection 102.16 – Addenda. (B) Statement of Variances. The statement of variances must list all features of the proposed substitution that differ from the contract documents and must further certify that the substitution has no other variant features. The brochure and information submitted shall be clearly marked showing make, model, size, options, and any other features requested by the Engineer and must include sufficient evidence to evaluate each feature listed as a variance. A request will be denied if submitted without sufficient evidence. If after installing the substituted 102-7a
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product, an unlisted variance is discovered, the Contractor shall immediately replace the product with a specified product at no cost to the County. (C) Substitution Denial. Any substitution request not complying with the above requirements will be denied. 102.15 Certification for Safety and Health Program for Bids in excess of $100,000. According to Section 396-18 of the Hawaii Revised Statutes, the bidder or offeror, by signing and submitting this proposal, certifies that a written safety and health plan for this project will be available and implemented by the notice to proceed date for this project. Details of the requirements of this plan may be obtained from the State Department of Labor and Industrial Relations, Occupational Safety and Health Division (HIOSH). 102.16 Addenda. Addenda issued shall become part of the contract documents. Addenda to the bid documents will be provided to all prospective bidders at the respective offices furnished for such purposes. Each addendum shall be an addition to the contract documents. The terms and requirements of the bid documents (i.e. drawings, specifications and other bid and contract documents) cannot be changed prior to the bid opening except by a duly issued addendum.”
END OF SECTION 102
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Make this section a part of the Standard Specifications. “SECTION 103 - AWARD AND EXECUTION OF CONTRACT 103.01 Consideration of Proposals. The Department will compare the proposals in terms of the summation of the products of the approximate quantities and the unit bid prices after the Contracts Officer opens and reads the proposals. The Department will make the results immediately available to the public. If a discrepancy occurs between the unit bid price and the bid price, the unit bid price shall govern. The Department directs the bidder to the instructions in the Proposal regarding alternate bidding procedures for foreign steel. The Department will decide the total bid for bid comparison purposes as provided in the proposal. The Department will consider the bid based on furnishing domestic steel the lower of the bids if a tie occurs between a bid based upon furnishing foreign steel for the steel items and a bid based upon furnishing domestic steel for the steel items and including the 25 percent price differential allowed to bids based on furnishing domestic steel. The Department reserves the right to reject proposals, waive technicalities or advertise for new proposals, if the rejection, waiver, or new advertisement favors the Department. 103.02
Award of Contract.
(A) Method of Award. Award, if made, shall be to the responsive, responsible offeror submitting the lowest bid as stated in the bid documents. (B) Responsibility of Lowest Responsive Bidder. Reference §3122-112, HAR, Responsibility of Offerors. If compliance documents have not been submitted to the City prior to award, the lowest responsive offeror shall produce documents to the procurement officer to demonstrate compliance with this section. (C) HRS Chapter 237 tax clearance requirement for award and final payment. Instructions are as follows: Pursuant to §103D-328, HRS, lowest responsive offeror shall be required to submit a tax clearance certificate issued by the Hawaii State Department of Taxation (DOTAX) and the Internal Revenue Service (IRS). The certificate shall have an original green certified copy stamp and shall be valid for six (6) months from the most recent approval stamp date on the certificate. It must be valid on the date it is received by the City Purchasing Division.
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The tax clearance certificate shall be obtained on the State of Hawaii, DOTAX TAX CLEARANCE APPLICATION Form A-6 (Rev 2003) which is available at the DOTAX and IRS offices in the State of Hawaii or the DOTAX website, and by mail or fax: DOTAX Website (Forms & Information): http://www.state.hi.us/tax/a1_1alphalist.htm DOTAX Forms by Fax/Mail: (808) 587-7572 1-800-222-7572 Completed tax clearance applications may be mailed, faxed, or submitted in person to the Department of Taxation, Taxpayer Services Branch, to the address listed on the application. Facsimlie numbers are: DOTAX: IRS:
(808) 587-1488 (808) 539-1573
The application for the clearance is the responsibility of the Offeror, and must be submitted directly to the DOTAX or IRS and not to the City. However, the tax clearance certificate shall be submitted to the City Purchasing Division. (D) HRS Chapters 383 (Unemployment Insurance), 386 (Workers’ Compensation), 392 (Temporary Disability Insurance), and 393 (Prepaid Health Care) requirements for award. Instructions are as follows: Pursuant to §103D-310(c), HRS, the lowest responsive Offeror shall be required to submit an approved certificate of compliance issued by the Hawaii State Department of Labor and Industrial Relations (DLIR). The certificate is valid for six (6) months from the date of issue and must be valid on the date it is received by the City. A photocopy of the certificate is acceptable to the City Purchasing Division. The certificate of compliance shall be obtained on the State of Hawaii, DLIR APPLICATION FOR CERTIFICATE OF COMPLIANCE WITH SECTION 3-122-112, HAR, Form LIR#27 which is available at http://www.hawaii.gov/labor/forms. The DLIR will return the form to the Offeror who in turn shall submit it to the City Purchasing Division. The application for the certificate is the responsibility of the Offeror, and must be submitted directly to the DLIR and not to the City. However, the certificate shall be submitted to the City Purchasing Division.
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(E) Compliance with Section 103D-310(c)(1) and (2), HRS. Pursuant to section 3-122-112, HAR, the lowest responsive Offeror shall be required to submit a CERTIFICATE OF GOOD STANDING (Certificate) issued by the State of Hawaii Department of Commerce and Consumer Affairs, Business Registration Division (BREG). The Certificate is valid for six months from date of issue and must be valid on the date it is received by the City. A photocopy of the certificate is acceptable to the City Purchasing Division. To obtain the Certificate, the Offeror must first be registered with the BREG. A sole proprietorship, however, is not required to register with the BREG, and therefore not required to submit the certificate. Online business registration and the Certificate are available at http://www.hawaii.gov/dcca/areas/breg. To register or to obtain the Certificate by phone, call (808) 586-2727 (M-F 7:45 to 4:30 HST). Offerors are advised that there are costs associated with registering and obtaining the Certificate. (F) Timely Submission of all Certificates. The above certificates should be applied for and submitted to the City as soon as possible. If a valid certificate is not submitted on a timely basis for award of a contract, an offeror otherwise responsive and responsible may not receive the award. Final Payment Requirements. Contractor is required to submit a tax clearance certificate for final payment on the contract. 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. In addition to a tax clearance certificate an original “Certification of Compliance for Final Payment” (SPO Form-22), attached, will be required for final payment. A copy of the Form is also available at http://hawaii.gov/spo. Select “Forms for Vendors/Contractors” from the Procurement of Goods, Services and Construction-Chapter 103D, HRS, menu. (G) Hawaii Compliance Express. Effective August 27, 2005, the Certificate of Vendor Compliance issued electronically through the Hawaii Compliance Express (HCE), officially managed by the State’s internet portal contractor, Hawaii Information Consortium, LLC, may be used for both proof of compliance prior to the award of a contract and for final payment, pursuant to section 3-122-112, HAR. For more information, the website address is http://vendors.ehawaii.gov.
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103.03 Cancellation of Award. The Department reserves the right to cancel the award of contracts before the execution of said contract by the parties. There will be no liability to the awardee and to other bidders. 103.04 Return of Proposal Guaranty. The Department will return the proposal guaranties, except those of the three lowest bidders, after the Department checks the proposals. The Department will return the proposal guaranties of the remaining two lowest bidders not awarded the contract within five working days following the execution of the contract. The Department will return the successful bidder's proposal guaranty after the successful bidder furnishes a bond and executes the contract. 103.05 Requirement of Contract Bond. At the time of execution of the contract, the successful bidder shall file a good and sufficient performance bond and a payment bond on the forms furnished by the Department conditioned for the full and faithful performance of the contract in accordance with the terms and intent thereof and for the prompt payment to all others for all labor and material furnished by them to the bidder and used in the prosecution of the work provided for in the contract. The bonds shall be of an amount equal to 100 percent of the amount of the contract price and include 5 percent of the contract amount estimated to be required for extra work. The bidder shall limit the acceptable performance and payment bonds to the following: (a)
Legal tender;
(b) Surety bond underwritten by a company licensed to issue bonds in the State of Hawaii; or (c) A certificate of deposit; share certificate; cashier's check; treasurer's check, teller's check drawn by or a certified check accepted by and payable on demand to the State by a bank savings institution or credit union insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA). 1. The bidder may use these instruments only to a maximum of $100,000. 2. 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 acceptable. Such bonds shall also by the terms inure to the benefit of any and all persons entitled to file claims for labor done or material furnished in the work so as to give them a right of action as contemplated by HRS Section 103D-324.
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103.06 Execution of the Contract. The contract bond and HRS Chapter 104 - Compliance Certificate, similar to a copy of the same annexed hereto, shall be executed by the successful bidder and returned within ten days after the award of the contract or within such further time as the Director may allow after the bidder has received the contract for execution. The contract shall not bind the Department unless said parties execute the contract and the Director of Budget and Fiscal Services endorses the bidder's certificate in accordance with HRS Section 103-39. 103.07 Failure to Execute Contract. Failure to execute the contract and file acceptable bonds shall be cause for the cancellation of the award in accordance with Subsection 103.06 - Execution of the Contract. Also, the Contractor forfeits the proposal guaranty which becomes the property of the Department. This is not a penalty, but liquidated damages sustained by the City. The Department may then make award to the next lowest responsible bidder or the Department may re-advertise and construct the work under contract.
END OF SECTION 103” 103”
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SECTION 104 – SCOPE OF WORK Make the following amendment to said Section: (I) Amend Section 104.11(B) Contractor’s Duty to Locate and Protect Utility by adding the following after line 291: “(4) The Contractor shall contact the Hawaii One Call Center at 811 prior to any execution in a public right of way or on private property.” (II)
Amend Section 104.06 Methods of Price Adjustment as follows:
“104.06 Methods of Price Adjustment. Any adjustment in the contract price pursuant to a change or claim shall be made in one or more of the following ways: (1) By written agreement on a fixed price adjustment before commencement of the pertinent performance. (2) By unit prices or other price adjustments specified in the contract or subsequently agreed upon before commencement of the pertinent performance. (3) The Engineer may base the adjustment for a lump sum item on a calculated proportionate unit price. The Engineer will calculate the proportionate unit price by dividing the original contract lump sum price by the actual or original estimated quantity established by the contract documents. (4) In any other lawful manner as the parties may mutually agree upon before commencement of the pertinent performance. (5) At the sole option of the Engineer, work may be paid for on a force account basis in accordance with Subsection 109.06 - Force Account Provisions and Compensation. (6) By the cost variations attributable to the events or situations with adjustment of profit and fee, all as specified in the contract or subsequently agreed upon before commencement of the pertinent performance. (7)
In the absence of agreement by the parties: (A) For change orders with value not exceeding $50,000 by documented actual costs of the work, allowing for overhead and profit as set forth in Section 109.05 - Allowances for Overhead and Profit. A change order shall be issued within fifteen days of 104-1a
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submission by the contractor of proper documentation of completed force account work, whether periodic (conforming to the applicable billing cycle) or final. The Engineer shall return any documentation that is defective, to the contractor within fifteen days after receipt, with a statement identifying the defect; or (B) For change orders with value exceeding $50,000 by a unilateral determination by the Engineer of the costs attributable to the events or situations with adjustment of profit and fee, all as computed by the Engineer in accordance with applicable sections of HAR Chapters 3-123 and 3-126, and Section 109.05 Allowances for Overhead and Profit. When a unilateral determination has been made, a unilateral change order shall be issued within ten days. Upon receipt of the unilateral change order, if the contractor does not agree with any of the terms or conditions, or the adjustment or nonadjustment of the contract time or contract price, the contractor shall file a notice of intent to claim within thirty days after the receipt of the written unilateral change order. Failure to file a protest within the time specified shall constitute agreement on the part of the contractor with the terms, conditions, amounts, and adjustment or nonadjustment of the contract time or the contract price set forth in the unilateral change order. A contractor shall be required to submit cost or pricing data if any adjustment in contract price is subject to the provisions of HAR Chapter 3-122, Subchapter 15. A fully executed change order or other document permitting billing for the adjustment in price under any method listed in Subsections 104.06(1) through 104.06(7) shall be issued within ten days after agreement on the method of adjustment."
END OF SECTION 104
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SECTION 105 – CONTROL OF WORK Make the following amendments to said Section: (I)
Amend 105.01 – Authority to read as follows:
“105.01
Authority.
(A) Authority of the Engineer. The Engineer is the representative of the Director and has all the authority of the Director with respect to the contract. The Engineer will make decisions on all questions that may arise regarding the contract, such as, but not limited to: (1)
Interpretation of the contract documents.
(2)
Acceptability of the materials furnished and work performed.
(3)
Manner of performance and rate of progress of the work.
(4) Acceptable fulfillment of the contract on the part of the Contractor. (5)
Compensation under the contract.
The Engineer’s decisions on questions, claims, and disputes will be final and conclusive subject to Subsection 107.15 – Disputes and Claims. The Engineer may delegate specific authority to act for the Engineer to a specific person or persons. Such delegation of authority shall be established in writing and shall become effective upon delivery to the Contractor. (B) Authority of the Inspectors. Inspectors, as a representative of the Engineer or other agencies, will inspect the work done and materials furnished. Such inspection may extend to the preparation, fabrication or manufacture of the materials to be used. The Inspector does not have authority vested in the Engineer unless specifically delegated in writing. The Inspector may not alter or waive the provisions of the contract, issue instructions contrary to the contract, or act as agent or representative of the Contractor. Failure of an Inspector at any time to reject non-conforming work shall not be considered a waiver of the City’s right to require work in strict conformity with the contract documents as a condition of final acceptance. (C) Authority of the Consultant and Construction Management. The City may engage consultants and construction managements to 105-1a
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perform duties in connection with the work. Unless otherwise specified in writing to the Contractor, such retained consultants and construction managements shall have no greater authority than an Inspector.” 105.01 (II) Amend Subsection 105.08 (A) - Furnishing Drawings and Special Provisions to read as follows: “(A) Furnishing Drawings and Special Provisions. The City will furnish the Contractor 12 sets of the project plans and special provisions. The project plans furnished will be the same size as that issued for bidding purposes except as noted in Section 648 – Field-Posted Drawings. The Contractor shall have and maintain at least one set of plans and specifications on the work site, at all times.” (III) Amend Subsection 105.14(D) – No Designated Storage Area from lines 421 to 432 to read as follows: “(D) No Designated Storage Area. If no storage area is designated within the contract documents, materials and equipment may be stored anywhere within the County right-of-way, provided such storage and access to and from such site, within the sole discretion of the Engineer, does not create a public or traffic hazard or an impediment to the movement of traffic.” (IV) Amend 105.16(A) – Subcontract Requirements by adding the following paragraph after line 483: “The 'Specialty Items' of work for this project are as follows: Section No.
Description
401
Contract Item No. 401.0100 under Section 401 – Hot Mix Asphalt Pavement
623
All Contract Items under Section 623 – Traffic Signal System
629
All Contract Items under Section 629 - Pavement Markings
631
All Contract Items under Section 631 - Traffic Control Regulatory, Warning, and Miscellaneous Signs
645
Contract Item No. 645.0100 under Section 645 – Work Zone Traffic Control”
(V) Amend Subsection 105.16(B) – Substituting Subcontractors by revising the second sentence from line 490 to line 493 to read: 105-2a
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“Contractors may enter into subcontracts only with subcontractors listed in the proposal or with non-listed joint contractors/subcontractors permitted under Subsection 102.06 – Preparation of Proposal.”
END OF SECTION 105
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01/23/06
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SECTION 106 – MATERIAL RESTRICTIONS AND REQUIREMENTS Make the following amendment to said Section: (I) Amend 106.05(B) – Deviation by revising the third sentence from line 106 to 108 to read as follows: “Any deviations will be subject to Subsection 102.14 – Substitution of Materials and Equipment Before Bid Opening.”
END OF SECTION 106
106-1a
03/27/06
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SECTION 108 - PROSECUTION AND PROGRESS Make the following amendments to said Section: (I) Amend Subsection 108.05(B)(2) – Delay for Permits by revising lines 149 to 156 to read as follows: “(2) Delay for Permits. For delays in the routine application and processing time required to obtain necessary permits, including permits to be obtained from State agencies, the Engineer may grant an extension provided that the delay is not caused by the Contractor, and provided that as soon as the delay occurs, the Contractor notifies the Engineer in writing that the permits are not available. Time extensions will be the exclusive relief granted on account of such delays.” (II) Amend Subsection 108.06(A)(1) - For Contracts $2,000,000 or less or For Contract Time 100 Working Days or 140 Calendar Days or less from lines 290 to 296 to read as follows: “(1) For Contracts $2,000,000 or less or For Contract Time 100 Working Days or 140 Calendar Days or Less. For contracts of $2,000,000 or less or for contract time of 100 working days or 140 calendar days or less, the progress schedule will be a Time Scaled Logic Diagram (TSLD). The Contractor shall submit a TSLD submittal package meeting the following requirements and having these essential and distinctive elements:” (III) Amend Subsection 108.06(A)(2) - For Contracts Which Have A Contract Amount More Than $2,000,000 Or Having A Contract Time Of More Than 100 Working Days Or 140 Calendar Days from lines 351 to 358 to read as follows: “(2) For Contracts Which Have A Contract Amount More Than $2,000,000 Or Having A Contract Time Of More Than 100 Working Days Or 140 Calendar Days. For contracts which have a contract amount more than $2,000,000 or contract time of more than 100 working days or 140 calendar days, the Contractor shall submit a Timed-Scaled Logic Diagram (TSLD) meeting the following requirements and having these essential and distinctive elements:” (IV)
Amend Subsection 108.06(A)(2)(a) line 360 to read as follows: “(a) The information and requirements listed in Subsection 108.06(A)(1) - For Contracts $2,000,000 or Less 108-1a
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or For Contract Time 100 Working Days or 140 Calendar Days or Less.” (V) Amend Subsection 108.08 - Liquidated Damages for Failure to Complete the Work or Portions of the Work on Time by revising line 599 to read as follows: “to the City, in the amount of $440.00 per working day.” (VI) Amend Subsection 108.09 - Rental Fees for Unauthorized Lane Closure or Occupancy from lines 635 to 644 to read as follows: “108.09 Rental Fees for Unauthorized Lane Closure or Occupancy. In addition to all other remedies available to the City for Contractor’s breach of the terms of the contract, the Engineer will assess the rental fees in the amount of $500 for every one-to fifteen-minute increment for each roadway lane closed to the public use or occupied beyond the time periods authorized in the contract or by the Engineer. The maximum amount assessed per day shall be $5,000. The City may, at its discretion, deduct the amount from monies due or that may become due under the contract. The rental fee may be waived in whole or part if the Engineer determines that the unauthorized period of lane closure or occupancy was due to factors beyond the control of the Contractor. Equipment breakdown is not a cause to waive liquidated damages.” (VII) Amend Subsection 108.14 – Final Acceptance from lines 984 to 991 to read as follows: “108.14 Final Acceptance. When the Engineer finds that the project has been satisfactorily completed in compliance with the contract, the Engineer will notify the Contractor in writing of the project’s completion and acceptance effective as of the date of the final inspection. The final acceptance date shall determine end of contract time, liquidated damages for failure to complete the punchlist and commencement of all guaranty periods subject to Subsection 108.16 – Contractor’s Responsibility for Work; Risk of Loss or Damage.”
END OF SECTION 108
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2/06/06
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SECTION 109 – MEASUREMENT AND PAYMENT Make the following amendment to said Section: (I) Amend Subsection 109.05 Allowances for Overhead and Profit by revising lines 101 to 110 to read as follows: “(1) 20 percent of the direct cost for any work performed by the Contractor’s own labor force. (2) 20 percent of the direct cost for any work performed by each subcontractor’s own labor force. (3) For the Contractor or any subcontractor for work performed by their respective subcontractor or tier subcontractor, 10 percent of the amount due to the performing subcontractor or tier subcontractor.” (II) Amend Subsection 109.08(B) Payment for Material On Hand by revising lines 421 to 423 to read as follows: “(2) The materials shall be stored and handled in accordance with Subsection 105.14 – Storage and Handling of Materials and Equipment.”
END OF SECTION 109
109-1a
7/01/08
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SECTION 202 – REMOVAL OF STRUCTURES AND OBSTRUCTIONS Make the following amendments to said Section: (I) Amend Subsection 202.03(A) – Removal of Obstructions by adding the following after line 33: “(5) Parking Meters and Posts” (II)
Amend 202.05 - Payment by revising line 131 to 133 to read as follows:
“Removal of Pavement Striping and Raised Pavement Markers Removal of Pavement Word Removal of Curbs Removal of Gutter Removal of Lava Curbs Removal of Concrete Curb and Gutter Removal of Concrete Sidewalk Removal of Sign and Post Removal of AC Pavement Removal of AC Sidewalk Removal of Curb Island Removal of Concrete Curb Ramp Removal of Concrete Pavement Removal of Drainlines Removal of Parking Meter Removal of Tree
Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum”
END OF SECTION 202
202-1a
08/25/08
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SECTION 209 – TEMPORARY WATER POLLUTION, DUST, AND EROSION CONTROL Make the following amendment to said Section: (I) Amend Subsection 209.03 (A)(2)(e), by revising the second paragraph from line 158 to 163 to read as follows: “Effective October 1, 2008, follow guidelines in the “Construction Best Management Practices Field Manual” dated January 2008, in developing, installing, and maintaining BMPs for all projects. Follow Honolulu’s City and County “Rules for Soil Erosion Standards and Guidelines” for all projects on Oahu. Use respective Soil Erosion Guidelines for Maui, Kauai and Hawaii projects.” (II) Amend Subsection 209.03(B)(3), line 244, to read as follows: “(3)
Installing check dams and siltation control devices.”
(III) Amend 209.05 - Payment by revising line 353 to read as follows: “Allowance for Additional Water Pollution, Dust, and Erosion Control (Allowance extends to all locations)
Allowance”
END OF SECTION 209
209-1a
1/02/09
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SECTION 401 – HOT MIX ASPHALT (HMA) PAVEMENT Make the following amendments to said Sections: (I)
Amend Section 401.02 Materials, by adding the following after line 14: “Warm Mix Asphalt Additive
702.06”
(II) Amend Section 401.02(A) General, by adding the following paragraph after line 24: “The manufacture of HMA may include warm mix asphalt (WMA) processes in accordance with these specifications. WMA processes include combinations of organic additives, chemical additives, and foaming.” (III) Amend Section 401.02(A) General, by replacing lines 36 and 37 to read as follows: “In surface and binder courses, aggregate for HMA may include RAP quantities up to 20 percent of total mix weight.” (IV) Amend Section 401.02(C) Submittals, by adding the following paragraph after line 89: “The Contractor may use warm mix asphalt (WMA) processes in the production of HMA. The Contractor shall submit to the Engineer for approval, the proposed process and how it will be used in the manufacture of HMA. The process submittal shall include the temperature range of the WMA.” (V) Amend Section 401.03(B)(3) Asphalt Pavers, from line 200 to include the following: “(h) Equipped with a mean of preventing the segregation of the coarse aggregate particles from the remainder of the bituminous plant mix when that mix is carried from the paver hopper back to the paver augers. The means and methods used shall be approved by the paver manufacturer and may consist of chain curtains, deflector plates, or other such devices and any combination of these. The following specific requirements shall apply to the identified bituminous pavers:
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(1)
Blaw-Knox bituminous pavers shall be equipped with the Blaw-Knox Materials Management Kit (MMK).
(2)
Cedarapids bituminous pavers shall be those that were manufactured in 1989 or later.
(3)
Barber-Green/Caterpillar bituminous pavers shall be equipped with deflector plates as identified in the December 2000 Service Magazine entitled “New Asphalt Deflector Kit {6630, 6631, 6640}”.
Prior to the start of using the paver for placing plant mix, the Contractor shall submit for approval a full description in writing of the means and methodologies that will be used to prevent bituminous paver segregation. Use of the paver shall not commence prior to receiving approval from the Engineer. The Contractor shall supply a Certificate of Compliance that verifies that the approved means and methods used to prevent bituminous paver segregation have been implemented on all pavers used on the project and is working in accordance with the manufacturer’s requirements.” (VI) Amend Section 401.03(F)(1) HMA Pavement Courses One and a Half Inches Thick Or Greater, from lines 499 to 505 to read as follows: “(1) HMA Pavement Courses One and a Half Inches Thick Or Greater. Where HMA pavement compacted thickness indicated in the contract documents is 1-1/2 inches or greater, compact to not less than 92.0 percent nor greater than 97.0 percent of the maximum specific gravity determined in accordance with AASHTO T 209, modified by deletion of Supplemental Procedure for Mixtures Containing Porous Aggregate.”
(VII) Amend Section 401.03(F)(3) HMA Pavement Courses One and a Half Inches Thick or Greater In Special Areas Not Designated For Vehicular Traffic, from lines 530 to 538 to read as follows: “(3) HMA Pavement Courses One and a Half Inches Thick or Greater In Special Areas Not Designated For Vehicular Traffic. For areas such as bikeways that are not part of roadway and other
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areas not subjected to vehicular traffic, compact to not less that 90.0 percent of maximum specific gravity determined in accordance with AASHTO T 209, modified by deletion of Supplemental Procedure for Mixtures Containing Porous Aggregate. Increase asphalt content by at least 0.5 percent above that used for HMA pavements designed for vehicular traffic.”
(VIII) Amend Section 401.04 follows: “401.04
Measurement, from lines 597 to 603 to read as
Measurement.
Asphalt concrete pavement will be paid on a lump sum basis. Measurement for payment will not apply. 04 (IX) Amend Section 401.05 follows:
Payment, from lines 605 to 635, to read as
“401.05 Payment. The Engineer will pay for the accepted pay items listed below at the contract price per pay unit, as shown in the proposal schedule. Payment will be full compensation for the work prescribed in this section and the contract documents. The Engineer will pay for each of the following pay items when included in the proposal schedule: Pay Item
Pay Unit
HMA Pavement, Mix No. V
Lump Sum
(1) 80% of the contract unit price upon completion of submitting a job-mix formula acceptable to the Engineer; preparing the surface, spreading, and finishing the mixture; and compacting the mixture; (2) 20% of the contract unit price upon completion of cutting samples from the compacted pavement for testing; placing and compacting the sampled area with new material conforming to the surrounding area; protecting the pavement; and final analysis. The Engineer will pay for cold planing in accordance with and under Section 415 – Cold Planing of Existing Pavement.
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The Engineer will pay for adjusting existing frames and covers and valve boxes in accordance with and under Section 604 – Manholes, Inlets and Catch Basins and Section 626 – Manholes and Valve Boxes for Water and Sewer Systems.”
END OF SECTION 401
401-4a
01/03/12
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SECTION 411 - PORTLAND CEMENT CONCRETE PAVEMENT Make the following amendments to said Section: (I)
Amend Subsection 411.01 – Description by revising lines 4 to 5 to read:
“411.01 Description. This section describes constructing portland cement concrete (PCC) pavement, with or without reinforcement, on a prepared surface. Pattern concrete pavement where shown on the plans is a system which employs various coloring, etching, texturing, scoring and patterning techniques to produce specially architectural concrete finishes. The stamped concrete pavement shall be by BOMANITE or a similar product approved by the Engineer. The installation of the stamped concrete pavement shall be by a licensed BOMANITE Contractor who has been trained and equipped by BOMANITE Corporation or a licensed Contractor approved by the Engineer.” (II) Amend Subsection 411.03(I)(1) – General by revising the first paragraph from line 205 to 210 to read: “(1) General. Make advance arrangements for preventing delay in concrete delivery and placement. An interval of more than 30 minutes between placement of two consecutive batches or loads shall constitute cause for stopping paving operations and requiring construction joint to be placed, at no increase in contract price or contract time, at location and of the type ordered by the Engineer.” (III) Amend Subsection 411.03(M)(7) – Final Finish by adding the following paragraph after line 682: “The stamped concrete pavement surface imprinted, textured, and have a pattern similar to on the contract documents. The Contractor shall pattern selection sheets for final selection and Engineer.
shall be colored, the Detail shown submit color and approval by the
The pavement surface shall be colored, imprinted, and textured in accordance with the manufacturer’s recommendations.” (IV) Amend Subsection 411.03(O) – Curing by adding the following line after line 797: “Curing of stamped concrete pavement shall be in accordance with the manufacturer’s recommendations.”
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(V) Amend Subsection 411.03(O) – Curing by adding the following paragraph after line 846: “For stamped concrete pavement, liquid membrane cures should not be used. The new concrete pavement should be cured using either curing paper or wet curing methods.” (VI) Amend Subsection 411.03 – Construction by adding the following after line 954: “(U) Quality Assurance. The Contractor shall provide a foreman or supervisor who has experience and knowledge of specialty architectural concrete finishes (stamped concrete). The Contractor shall submit to the Engineer evidence that the Contractor is qualified to complete the installation of the stamped concrete pavement. The Contractor shall provide a jobsite sample (100 square feet for each intersection location) to be approved by the Engineer prior to the start of construction. The cost of the samples shall not be measured or paid for separately but shall be considered incidental to the various pay items of this contract.” (VII) Amend Subsection 411.04 – Measurement by adding the following after line 962: “(C) Stamped concrete will be paid on a lump sum basis. Measurement for payment will not apply.” (VIII) Amend Subsection 411.05 – Payment lines 971 to 975 to read as follows: “Pay Item
Pay Unit
4” Thick Concrete Pavement
Lump Sum
Transverse Contraction Joint
Linear Foot
6” Thick Concrete Speed Table
Lump Sum
Stamped Concrete
Lump Sum” END OF SECTION 411
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3/30/06
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SECTION 501 – STEEL STRUCTURES Make the following amendments to said Section: (I)
Amend 501.05 Payment by revising line 523 to 529 to read as follows:
“Structural Steel – 1/4" Checker Steel Plate
Lump Sum”
END OF SECTION 501
501-1a
01/22/14
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SECTION 605 – UNDERDRAINS Make the following amendments to said Section: (I)
Amend 605.05 Payment by revising line 72 to 76 to read as follows:
“4-Inch Underdrain
Lump Sum”
END OF SECTION 605
605-1a
01/22/14
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SECTION 619 – PLANTING Make the following amendments to said Section: (I)
Amend Section 619.02 Materials by adding the following after line 258: “(P) Tree Grate. Tree grates shall conform in accordance with Subsection 712.08 - Tree Grates.”
(II) Amend Section 619.05 Payment by revising line 541 to 556 to read as follows: “401.05 Payment. Engineer will pay for the accepted trees and grass on a contract lump sum basis. Payment will be in full compensation for work prescribed in this section and contract documents. The Engineer will pay for the following pay item when included in the proposal schedule: Pay Item
Pay Unit
Grass
Lump Sum
Tree
Lump Sum
Tree Well Frame and Grate
Lump Sum”
END OF SECTION 619
619-1a
4/25/2014
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SECTION 626 – MANHOLES AND VALVE BOXES FOR WATER AND SEWER SYSTEMS Make the following amendments to said Section: (I) Amend Section 626.05 Payment by revising line 181 to 189 to read as follows: “Adjusting Standard Valve Box
Lump Sum”
END OF SECTION SECTION 626
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4/25/2014
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SECTION 629 - PAVEMENT MARKINGS Make the following amendments to said Section: (I) Amend Subsection 629.03(B) – Temporary Pavement Markings by revising the third paragraph from line 62 to 63 to read: “Maintain and replace temporary pavement markings, flexible delineators, and barricades. ” (II) Amend Table 629.03 – 1 – Temporary Pavement Markings to read as follows: “TABLE 629.03-1 TEMPORARY PAVEMENT MARKINGS TYPE
PAVEMENT MARKINGS
Passing Prohibited Both Sides
Double solid 4-inch yellow stripes with Type D markers placed 20 feet on center on one of 4-inch yellow stripes selected by the Engineer.
Crosswalk
12-inch white transverse lines spaced 1 foot on center or as ordered by the Engineer.
Stop Line
Single 12-inch white transverse line.
Note: Paint may be used for temporary markings in areas where final paving is not complete.”
14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33
(III) Amend Section 629.05 Payment by revising line 306 to 324 to read as follows: “Single White 8-Inch Pavement Striping (Thermoplastic Extrusion)
Lump Sum
Double Yellow 4-Inch Pavement Striping (Thermoplastic Extrusion)
Lump Sum
Single Yellow 4-Inch Dashed Pavement Striping (Thermoplastic Extrusion)
Lump Sum
Single Yellow 8-Inch Pavement Striping (Thermoplastic Extrusion)
Lump Sum
Single White 12-inch Pavement Striping (Thermoplastic Extrusion)
Lump Sum
Type C Pavement Markers
Lump Sum
Type D Pavement Markers
Lump Sum 629-1a
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Type H Pavement Markers
Lump Sum
Blue Pavement Marker
Lump Sum
Pavement Word (Thermoplastic Extrusion)
Lump Sum
Pavement Symbol, Yield Line Markings (Thermoplastic Extrusion)
Lump Sum
Pavement Symbol, Speed Table Striping (Thermoplastic Extrusion)
Lump Sum
Curb Markings (Red Paint)
Lump Sum”
END OF SECTION 629
629-2a
11/27/12
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SECTION 630 - TRAFFIC CONTROL GUIDE SIGNS Make the following amendments to said Section: (I)
Amend 630.05 Payment by revising line 233 to 296 to read as follows:
“Sign Post for Regulatory Sign
Lump Sum
Sign Post for Warning Sign
Lump Sum
Sign Post for School Sign
Lump Sum”
END OF SECTION 630 630
630-1a
08/25/08
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SECTION 631 - TRAFFIC CONTROL REGULATORY, WARNING, AND MISCELLANEOUS SIGNS Make the following amendments to said Section: (I)
Amend 631.05 Payment by revising line 80 to 90 to read as follows:
“Regulatory Sign (10 Square Feet or Less)
Lump Sum
Warning Sign (10 Square Feet or Less)
Lump Sum
School Sign (10 Square Feet or Less)
Lump Sum”
END OF SECTION 631
631-1a
11/27/12
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SECTION 638 – PORTLAND CEMENT CONCRETE CURB AND GUTTER Make the following amendments to said Section: (I) Amend Section 638.05 Payment by revising line 142 to 148 to read as follows: “6-Inch Concrete Curb, Type 2
Lump Sum
Curb and Gutter
Lump Sum
Concrete Thru Gutter
Lump Sum”
END OF SECTION 638
638-1a
4/23/2014
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SECTION 645 – WORK ZONE TRAFFIC CONTROL Make the following amendment to said Section: (I) Amend 645.04 Measurement to read as follows: “645.04 Measurement. Traffic control as specified in Subsection 645.03 – Construction will be measured on a contract lump sum basis. Measurement for payment will not apply.”
(II) Amend 645.05 Payment to read as follows: “645.05 Payment. Engineer will pay for the accepted traffic control at the contract price per pay unit, as shown in the proposal schedule. Payment will be full compensation for work prescribed in this section and contract documents. Engineer will pay for the following pay item when included in the proposal schedule: Pay Item
Pay Unit
Traffic Control
Lump Sum
Allowance for Additional Police Officers and Additional Traffic Controls (Allowance extends to all locations)
Allowance
The Engineer will not pay for request submittals. The Engineer will not consider claims for additional compensation of late submittals or requests by Contractor.” END OF SECTION 645
645-1a
1/02/09
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SECTION 650 – CURB RAMPS Make the following amendments to said Section: (I) Amend Section 650.03 Construction by revising line 25 to 26 to read as follows: “Construct drop curbs in accordance with Section 638 – Portland Cement Concrete Curb and Gutter. Match face of drop curbs to face of abutting new and existing curbs. Construct ADA compliant sidewalks after curb ramps in accordance with section 634 – Portland Cement Concrete Sidewalks. Reinforce with 6 x6 – W1.4 x W1.4 welded wire fabric, unless otherwise indicated on the contract documents. Provide construction joints where the new sidewalks join existing sidewalks. Construct Curbs in accordance with Section 638 – Portland Cement Concrete Curb and Gutter. Construct curbs along ramps as indicated on the plans. Construct Curb and Gutter in accordance with Section 638 – Portland Cement Concrete Curb and Gutter. Construct new curb and gutters along with ADA compliant sidewalks as indicated on plans. Match face of curb to face of abutting curbs. Match gutters to existing concrete or AC pavement.”
(II) Amend Section 650.05 Payment by revising line 51 to 53 to read as follows: “Concrete Curb Ramp
Lump Sum”
END OF SECTION 650
650-1a
4/23/2014
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SECTION 699 – MOBILIZATION Make the following amendments to said Section: (I) Amend 699.03 follows:
Applicability by revising from lines 21 to 24 to read as
“699.03 Applicability. Maximum bid allowed for this item is an amount not to exceed 10 percent of the sum of all items excluding the bid price of this item.” (II)
Amend 699.05
Payment by revising from lines 44 to 47 to read as follows:
“Mobilization (Not to exceed 10 percent of the sum of all items excluding the bid price of this item)
Lump Sum”
END OF SECTION 699
699-1a
11/27/12
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SECTION 712 – MISCELLANEOUS Make the following amendments to said Section: (I) Amend Section 712.08 (Unassigned) by revising line 180 to read as follows: “712.08
Tree Grates.
(A) General. (1) Manufacturer: Tree grates and frames shall be as supplied by IRONSMITH, INC. or approved equal. (2) Tree grates shall be: ADA 60 inch SQUARE Model 6058 with 16 or 26 inch tree opening or approved equal. (3) Tree grates material shall be cast gray iron or cast aluminum from 100% recycled material. All tree grate castings shall be manufactured true to pattern and component parts, and shall fit together in a satisfactory manner. The castings shall be of uniform pattern and quality, free from blowholes, hard spots, shrinkage, distortion or other defects. Castings shall be cleaned by shot blasting. (4) Finish: Grates are to be supplied in unfinished natural state. (a) (OR) grates are to be painted black polyurethane (b) (OR) grates are to be painted black enamel (c) (OR) grates are to be black asphaultum coated (d) (OR) grates are to be finished with a color and finish to be specified (insert your own color and finish choice) (e) (OR) grates are to be powder coat texture black (5) Matching steel angle frames provided by tree grate manufacturer model 6000F shall be provided with installation detail(s) per plans. Frames to be supplied galvanized (6) Pilfer proof Screws (OPTIONAL): provide pilfer proof screws per manufacturer’s standard
712-1a
4/25/2014
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(B) Submittals. Contractor shall submit drawings of tree grates and frames for review by the Engineer prior to purchase and installation. (C) Quality Assurance. (1) Manufacturer Qualifications: manufacturing experience.
Minimum
15
years
tree
grate
(2) Installer Qualifications: 2 years minimum experience installing tree grates and support frames. (D) Delivery, Storage, and Handling. Store product in manufacturer’s packaging until ready to install. (E) Warranty. Tree grates and frames shall be warranted by the manufacturer against defects in materials and worksmanship for minimum of five (5) years. (F) Construction. (1) Examination. (a) Do not begin installation until site is properly prepared. (b) If substrate preparation is the responsibility of another installer, notify Architect of unsatisfactory preparation before proceeding. (2) Preparation (a) Clean surfaces thoroughly prior to installation (b) Prepare surfaces using the methods recommended by the manufacturer for achieving the best result for the substrate under the project conditions. (3) Installation (a) Install materials and systems in proper relation with adjacent construction and with uniform appearance. Coordinate with work of other sections. (b) Install grates and frames where indicated on plans flush and leveled with surrounding pavement surface. (c) Install steel angle frame
712-2a
4/25/2014
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(i)
Flush and leveled with surrounding paving surface, maintain flush and leveled at all times. Frames MUST NOT slope in more than one direction.
(ii)
Use spreaders or stakes to keep frame from being distorted by concrete pressure.
(iii)
Install frames per details on plans and manufacturer's recommendations.
(d) Clean concrete and debris from frame prior to tree grate installation. (e) If needed, grind pads on underside of tree grates to level and prevent rocking in frame. (G) Pilfer Proof Bolting (Optional) (1) Position tree grates to meet in the center of tree well and have uniform spacing around outside edges of castings. Drill through counter bored holes in the grates and install pilfer proof bolts per manufacturer’s instructions. (On new frames with standard cement anchors when installed in new concrete) (2) Use 1" thick wood or foam block out under the frame to allow pilfer proof screw to extend below angle. (H) Clean-Up And Protection (1) Protect installed product until completion of project. (2) DO NOT ALLOW water from new concrete to run off or wash onto tree grates to prevent damage from concrete exudates, lime, and efflorescence. (3) Touch up, repair or replace damaged products.”
END OF SECTION 712
712-3a
4/25/2014
