HWY-ME-26-008 Furnishing Environmental Response Services

STATE OF HAWAII
DEPARTMENT OF TRANSPORTATION
HIGHWAYS
SPECIAL PROVISIONS, SPECIFICATIONS, PROPOSAL,
CONTRACT, AND BOND
FOR
FURNISHING ENVIRONMENTAL RESPONSE SERVICES
ON STATE HIGHWAYS AND RIGHTS-OF-WAY AREAS
ISLAND OF MAUI
PROJECT NO. HWY-ME-26-008
2026
4/22/20
4/22/20

NOTICE TO BIDDERS
Hawaii Revised Statutes (HRS),
Chapter 103D
The receiving of bids for FURNISHING ENVIRONMENTAL RESPONSE
SERVICES ON STATE HIGHWAYS AND RIGHTS-OF-WAY AREAS, ISLAND OF
MAUI, PROJECT NO. HWY-ME-26-008, will begin as of the HIePRO Release Date.
Bidders shall register and submit complete bids through HIePRO only. Refer to the following
HIePRO link for important information on Vendor Registration:
https://hiepro.ehawaii.gov/welcome.html.
The solicitation plans, specifications, proposal, and additional documents designated or
incorporated by reference shall be available in HIePRO.
HIePRO OFFER DUE DATE AND TIME is November 12, 2026, at 2:00 p.m., Hawaii
Standard Time (HST). Bidders shall submit and upload the complete proposal to HIePRO
prior to the offer due date and time. Proposals received after said due date and time shall
not be considered. Any additional support documents explicitly designated as confidential
and/or proprietary shall be uploaded as a separate file to HIePRO. Bidders shall not
include confidential and/or proprietary documents as part of their proposal. The record of
each bidder and their respective proposal shall be open to public inspection. FAILURE
TO UPLOAD THE PROPOSAL TO HIePRO SHALL BE GROUNDS FOR REJECTION.
The scope of work consists of providing response services to incidents posing an
imminent threat to the public and or to the environment which involves gathering, identifying,
categorizing (hazard categorization), segregating, packaging, transporting, manifesting, and
disposing of hazardous materials on an open end, -
the bid documents.
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A virtual pre-bid conference is scheduled for October 28, 2026, at 9:00 a.m., HST.
Interested bidders shall contact Ty Fukuroku, Project Manager, directly at
ty.fukuroku@hawaii.gov, no later than two working days prior to the scheduled pre-bid
conference to receive the meeting invitation. All prospective bidders and/or their respective
representatives are encouraged to attend, however, attendance is not mandatory. All information
presented at the pre-bid conference shall be provided for clarification and information only. Any
amendments to the solicitation shall be made by formal addendum and posted in HIePRO.>
All Request for Information (RFI) questions and Substitution Requests shall be submitted
in HIePRO no later than November 2, 2026, at 2:00 p.m., HST. RFI questions received after
the stated deadline shall not be addressed. Substitution Requests received after the stated
deadline shall not be considered. Verbal RFI(s) shall not receive a response. All responses to
RFI questions shall be provided for clarification and information only and issued by formal
addendum. Any amendments to the solicitation shall be made by formal addendum and posted
in HIePRO.
If there is a conflict between the solicitation and information stated in the pre-bid
conference, the meeting minutes, and/or the responses to RFI questions, the solicitation shall
govern and control, unless as amended by formal addendum.
Campaign contributions by State and County Contractors. Contractors are hereby
notified of the applicability of HRS 11-355 which states that campaign contributions are
prohibited from specified State or County government contractors during the term of the contract
if the contractors are paid with funds appropriated by a legislative body. For more information,
contact the Campaign Spending Commission at (808) 586-0285.
Protests. Any protest of this solicitation shall be submitted in writing to the Director of
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Transportation, in accordance with HRS 103D-701 and Hawaii Administrative Rules 3-126.
Bidders are hereby notified that the Department of Transportation shall affirmatively
ensure that the contract entered into pursuant to this advertisement shall be awarded to the lowest
responsible bidder without discrimination on the basis of race, color, national origin, or sex, age,
disability, or any other protected status recognized under applicable State and federal law.
For additional information, contact Ty Fukuroku, Project Manager, by phone at (808)
873-3535, or by email at ty.fukuroku@hawaii.gov.
The State reserves the right to reject any or all proposals and to waive any defects in said
proposals in the best interest of the public.
ROBIN K. SHISHIDO
Deputy Director of Transportation for Highways
HIePRO RELEASE DATE: October 21, 2026
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TABLE OF CONTENTS
Page No.
Special Provisions SP-1 - SP-11
Specifications
Section 1 Definition and Terms 1-1 - 1-4
Section 2 Proposal Requirements and Conditions 2-1 - 2-3
Section 3 Award and Execution of Contract 3-1 - 3-5
Section 4 Scope of Work 4-1 - 4-3
Section 5 Control of Work 5-1 - 5-3
Section 6 Control of Material and Equipment 6-1 - 6-3
Section 7 Legal Relations and Responsibility 7-1 - 7-4
Section 8 Prosecution and Progress 8-1 - 8-8
Section 9 Payment 9-1 - 9-2
Section 10 Environmental Response Services 10-1 - 10-25
Appendices
Appendix A Sample - Monthly Invoice A-1
Appendix B Application & Permit for the Occupancy &
Use of State Highway Right-Of-Way B-1
Proposal PF-1 - PF-7
Proposal Schedule PF-8 - PF-10
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TABLE OF CONTENTS
(continuation)
Page No.
Forms
Contract KF-1 - KF-2
Requirement for Contract Performance Bonding Memorandum
Performance Bond (Surety) 1 - 2
Performance Bond PB-1 - PB-2
Certificate for Performance of Services
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STATE OF HAWAII
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISIONS

SPECIAL PROVISIONS
The specifications contained herein are amended as follows:
A. SECTION 1 - DEFINITION AND TERMS shall be amended as follows:
1. 1.33 SUBCONTRACTOR is amended by deleting it and replacing it with the
following:
"1.33 SUBCONTRACTOR - An individual, partnership, firm, corporation, or
joint venture, or other legal entity, as licensed or required to be licensed under
Chapter 444, Hawaii Revised Statutes, as amended, which enters into an
agreement with the Contractor to perform a portion of the work."
2. 1.38 WORKING DAY is amended in its entirety to read as follows:
"Every day, including Saturdays, Sundays and State Holidays as observed.
Normal State Holidays are as follows:
New Year's Day (the first day in January);
Dr. Martin Luther King, Jr. Day (the third Monday in January);
Presidents' Day (the third Monday in February);
Prince Jonah Kuhio Kalanianaole Day (the twenty-sixth day in March);
Good Friday (the Friday preceding Easter Sunday);
Memorial Day (the last Monday in May);
King Kamehameha I Day (the eleventh day in June);
Independence Day (the fourth day in July);
Statehood Day (the third Friday in August);
Labor Day (the first Monday in September);
General Election Day (as designated by the State);
Veterans' Day (the eleventh day in November);
Thanksgiving Day (the fourth Thursday in November); and
Christmas Day (the twenty-fifth day in December).
State Holidays that fall on Saturdays will be observed on the preceding Friday,
and State Holidays that fall on Sundays will be observed on the following
Monday.
State Holiday schedules can be obtained online at:
http://dhrd.hawaii.gov/state-observed-holidays/"
3. Add the following new subsections:
"1.39 HAWAII ePROCUREMENT SYSTEM (HIePRO) - The State of Hawaii
eProcurement System for issuing solicitations, receiving proposals and
responses, and issuing notices of award.
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1.40 ENGINEER - The respective Maui District Engineer, acting directly or
through their duly authorized representatives, who are responsible for Maui
District engineering supervision of construction and other highway matters.
1.41 STANDARD SPECIFICATIONS - The Hawaii Standard Specifications
for Road and Bridge Construction, 2005, Highways, Department of
Transportation, including any amendments. To review the Standard
Specifications and any applicable amendments/Special Provisions, log on to:
https://hidot.hawaii.gov/highways/s2005-standard-specifications/
The Contractor shall utilize the latest revision.
1.42 MUTCD - The Manual on Uniform Traffic Control Devices, 2023,
Federal Highway Administration, U.S. Department of Transportation, including
any amendments or revisions. To review the MUTCD, log on to:
https://mutcd.fhwa.dot.gov/kno_11th_Edition.htm
The Contractor shall utilize the latest revision.
1.43 OSHA - Occupational Safety and Health Administration/Act (OSHA),
U.S. Department of Labor, as amended, revised, or updated, applies to
these Specifications. To review the OSHA, log on to:
https://www.osha.gov/
The Contractor shall use the latest revision.
1.44 CFR - Title 29, Part 1910 of the Code of Federal Regulations, latest edition,
including any amendments or revisions. To review the CFR, log on to:
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDA
R https://www.osha.gov/laws-regs/regulations/standardnumber/1910
1.45 Maui SWMPP - The Maui District Storm Water Management Program
Plan, 2016, Highways, Department of Transportation, including any
amendments or revisions. To review the Maui SWMPP, logon to:
https://stormwatermaui.com/storm-water-management-plan/
1.46 DEBRIS - Shall include all liquids and other objectional material (as
determined by the Engineer) to include but is not limited to: trash, sediment,
vegetation, organic matter, glass, metals, and foreign matter.
1.47 POLLUTANTS AND WASTE - Shall include all liquids and other
objectional material (as determined by the Engineer) to include but is not limited
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to: oil, fuel, antifreeze, hydraulic fluid, transmission fluid, vehicle debris,
batteries, automotive parts, paint, diesel, biohazards, drugs, needles, sewage,
biowaste, organic waste, animal carcasses, garbage, trash, and refuse."
B. SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS shall be amended
as follows:
1. 2.3 PROPOSAL GUARANTY is deleted in its entirety.
2. 2.4 DELIVERY OF PROPOSALS shall be amended in its entirety to read as
follows:
"2.4 DELIVERY OF PROPOSALS - Bidders shall submit and upload the
complete proposal to HIePRO prior to the bid opening date and time.
Proposals received after said due date and time shall not be considered.
Any additional support documents explicitly designated as confidential
and/or proprietary shall be uploaded as a separate file to HIePRO. Do not
include confidential and/or proprietary documents with the proposal. The
record of each bidder and respective bid shall be open to public inspection.
Original (wet ink, hard copy) proposal documents are not required to be
submitted. Contract award shall be based on evaluation of proposals
submitted and uploaded to HIePRO.
FAILURE TO UPLOAD THE COMPLETE PROPOSAL TO HIePRO
SHALL BE GROUNDS FOR REJECTION OF THE BID.
If there is a conflict between the specifications document and the HIePRO
solicitation, the specifications shall govern and control, unless otherwise
specified."
3. 2.5 WITHDRAWAL OF PROPOSALS shall be amended in its entirety to read
as follows:
"2.5 WITHDRAWAL OF PROPOSALS - Bids may be modified or withdrawn
prior to the bid opening date and time. Withdrawal or revision of proposals shall
be completed, submitted, and uploaded to HIePRO prior to the bid opening date
and time."
4. 2.6 PUBLIC OPENING OF PROPOSALS shall be deleted in its entirety.
5. Add the following new subsection:
"2.9 CERTIFICATE FOR PERFORMANCE OF SERVICES - Pursuant to
Section 103-55, Hawaii Revised Statutes, and unless indicated otherwise, each
bidder should submit the attached "Certificate for Performance of Services" in
the event bids are in excess of $25,000. The notarized certificate must be
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