Waimea & Honokaa-Paauilo Irrigation System Misc On-Call Services

INVITATION FOR BIDS
No. IFB 26-010-ARMD
SEALED OFFERS FOR THE
WAIMEA & HONOKA'A-PA'AUILO IRRIGATION SYSTEMS
MISCELLANEOUS ON-CALL SERVICES
ISLAND OF HAWAl'I, HAWAl'I
SHARON HURD, Chairperson
Department of Agriculture and Biosecurity
Name of Offeror
Company Name

Chief Engineer
Agricultural Resource Management Division
Department of Agriculture and Biosecurity
State of Hawai'i
Honolulu, Hawai'i
Dear Sir:
The undersigned has carefully read and understands the terms and conditions specified in
the Offer Form and Special Provisions attached hereto, and in the Interim General
Conditions, dated October 1994, by reference made a part hereof and available upon
request; and hereby submits the following offer to perform the work specified herein, all in
accordance with the true intent and meaning thereof. The undersigned further understands
and agrees that by submitting this offer, 1) Is declaring his/her offer is not in violation of
Chapter 84, Hawai'i Revised Statutes, concerning prohibited State contracts, and 2) he/she
is certifying that the prices submitted were independently arrived at without collusion.
The undersigned represents: (Check one only)
A Hawai'i business incorporated or organized under the laws of the State of
Hawai'i; OR
A Compliant Non-Hawai'i business not incorporated or organized under the
laws of the State of Hawai'i, but registered at the State of Hawai'i Department
of Commerce and Consumer Affairs Business Registration Division to do
business in the State of Hawai'i.
State of incorporation:
Offeror is:
Sole Proprietor Partnership Corporation Joint Venture
Other
Federal Tax I.D. No.:
Hawai'i General Excise Tax License I.D. No.:
Payment address (if other than street address below):
City, State, Zip Code:
Business address (street address):
City, State, Zip Code:
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Respectfully submitted:
Date: (x)
Authorized (Original) Signature
Telephone No.:
Fax No.: Name and Title (Please Type or Print)
E-mail Address:____________________ *
Exact Legal Name of Company(Offeror)
*If Offeror is a "dba" or a "division" of a
corporation, furnish the exact legal name
of the corporation under which the award
will be executed.
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PROPOSAL
Item
No. Quantity Unit Description Unit Price Total
BASE BID
METER & LATERAL INSTALLATION
Option 1 Lateral Installation, inclusive of
connection to main lateral, 2-1/2 inch
1. 2 EA copper lateral, meter box, metal frame, $___________ $___________
box & cover, pipe cushion, pavement
restoration (complete in place).
Option 2 Lateral Installation, inclusive of
connection to main lateral, 2-1/2 inch
2. 2 EA copper lateral, meter box, metal frame, $___________ $___________
box & cover, pipe cushion, pavement
restoration (complete in place).
2-inch Water Meter, Badger Recordall
3. 4 EA Model 170 Disc Series or approved $___________ $___________
equal. (complete in place)
4. 5 EA Cut & Remove 2' Diameter Albizia Tree $___________ $___________
Cut & Remove 3'-4' Diameter Albizia
5. 2 EA $___________ $___________
Tree
Cut & Remove 5'-6' Diameter Albizia
6. 2 EA $___________ $___________
Tree
7. 1 ALLOW. Emergency "On-Call" Services $ 75,000.00 $ 75,000.00
Total Base Bid (Items 1-7) $___________
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APPRENTICESHIP AGREEMENT PREFERENCE
1. If applicable to this project, any bidder seeking the preference must be a party to an
apprenticeship agreement registered with the State Department of Labor and Industrial
Relations (DLIR) at the time the bid is submitted for each apprenticeable trade the bidder
will employ to construct the project. "Employ" means the employment of a person in an
employer-employee relationship.
a. The apprenticeship agreement shall be registered with the DLIR and conform to the
requirements of Hawai'i Revised Statutes Chapter 372.
b. Subcontractors do not have to be a party to an apprenticeship agreement for the
bidder to obtain preference.
c. The bidder is not required to have apprentices in its employ at the time the bid is
submitted to qualify for the preference.
2. A bidder seeking the preference must state the apprenticeable trade the bidder will employ
for each trade to be employed to perform the work by submitting a completed signed
original Certification Form 1 verifying participation in an apprenticeship program registered
with DLIR. "Apprenticeable trade" shall have the same meaning as "apprenticeable
occupation" pursuant to Hawai'i Administrative Rules (HAR) 12-30-5.
a. The Certification Form 1 shall be authorized by an apprenticeship sponsor listed on
the DLIR list of registered apprenticeship programs. "Sponsor" means an operator of
an apprenticeship program and in whose name the program is approved and
registered with the DLIR pursuant to HAR 12-30-1.
b. The authorization shall be an original signature by an authorized official of the
apprenticeship sponsor.
c. The completed signed original Certification Form 1 for each trade must be submitted
with the bid. Previous certifications shall not apply.
d. When filling out the Certification Form 1, the name of Apprenticeable Trade and
Apprenticeship Sponsor must be the same as recorded in the List of Construction
Trades in Registered Apprenticeship Programs that is posted on the DLIR website.
"Registered apprenticeship program" means a construction trade program approved
by the DLIR pursuant to HAR 12-301 and 12-30-4.
e. The Certificate Form 1 and the List of Construction Trades in Registered
Apprenticeship Programs is available on the DLIR website at:
https://labor.hawaii.gov/wdd/.
3. Upon receiving the Certification Form 1, the Procurement Officer will verify that the
apprenticeship program is on the List of Construction Trades in Registered Apprenticeship
Programs and that the form is signed by an authorized official of the Apprenticeship
Program Sponsor. If the programs and signature are not confirmed by the DLIR, the
bidder will not qualify for the preference.
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4. If the bidder is certified to participate in an apprenticeship program for each trade which
will be employed by the bidder for the project, a preference will be applied to decrease the
bidder's bid amount by five percent (5%) for evaluation purposes.
5. Should the bidder qualify for other preferences (e.g. Hawai'i Products), all applicable
preferences shall be applied to the bid price.
CONTRIBUTIONS BY STATE AND COUNTY CONTRACTORS PROHIBITED
Contractors are hereby notified of the applicability of Section 11-355, HRS, 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.
CONDITION OF AWARD
It is understood that the award of the contract will be made on the basis of the lowest
responsible Total Base Bid (Items 1 to 7) selected by the Board of Agriculture and Biosecurity.
In the event the low bid is below the available funds certified by the appropriate fiscal officer, the
head of the purchasing agency responsible for the procurement in question is authorized to
award Additives to the lowest bidder. The award of Additives may be in any order or
combination such that the Base Bid plus Additives do not exceed the available funds.
It is understood and agreed that the Board of Agriculture and Biosecurity reserves the right to
reject any and/or all bids and waive any defects when, in the Board's opinion, such rejection or
waiver will be for the best interest of the State of Hawai'i.
In the event all bids exceed available funds certified by the appropriate fiscal officer, the head of
the purchasing agency responsible for the procurement in question is authorized in situations
where time or economic considerations preclude re-solicitation of work of a reduced scope to
negotiate an adjustment of the bid price, including changes in the bid requirements, with the low
responsible and responsive bidder, in order to bring the bid within the amount of available funds.
It is understood and agreed upon that the head of the purchasing agency may delete a portion
or all of any item(s) in the proposal at the stated unit or lump sum price as necessary to stay
within the available funding. The bidder is responsible to make an earnest effort to represent
the actual cost of each item, including all materials, labor, equipment, overhead and profit in
their bid proposal to preclude claims of anticipated profit or loss of profit because of an
unbalanced bid proposal.
It is also understood that if a mutually agreeable cost for the reduced scope of work
necessitated by a lack of available funds cannot be agreed upon between the bidder and the
head of the purchasing agency within 14 calendar days after the bid opening, then the bid may
be rejected in the best interest of the purchasing agency, and the head of the purchasing
agency may negotiate in progressive order (lowest to highest) with the next lowest responsible
and responsive bidder.
It is also understood and agreed that the award of the contract shall be conditioned upon funds
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being made available for this project and further upon the right of the Board of Agriculture and
Biosecurity to hold all bids received for a period of sixty (60) days from the date of the opening
thereof, unless otherwise required by law, during which time no bid may be withdrawn.
It is also understood that Notice to Proceed may be delayed up to one (1) year after the bid
opening date, and that no additional compensation will be provided for any claim for escalation
or delay for issuance of Notice to Proceed on or before that date.
It is also understood and agreed that the quantities given herewith are approximate only and are
subject to increase or decrease, and that the undersigned will perform all quantities of work as
either increased or decreased, in accordance with the provisions of the Contract Specifications.
It is also understood and agreed that the estimated quantities shown for the items for which a
UNIT PRICE is asked in this Proposal are only for the purpose of comparing on a uniform basis,
bids offered for the work under this contract, and the undersigned agrees that he is satisfied
with and will at no time, dispute said estimated quantities as a means of claims for anticipated
profit or loss of profit, because of a difference between the quantities of the various classes of
work done or the materials and equipment installed, and the said estimated quantities. On
UNIT PRICE bids, payment will be made only for the actual number of units incorporated into
the finished project at the contract UNIT PRICE.
After the proposals are opened and read, the figures will be extended and/or totaled in
accordance with the bid prices of the acceptable proposals and the totals will be compared. In
the comparison of bids, words written in the proposal shall govern over figures and unit prices
will govern over totals. Until the award of the contract, however, the right will be reserved to
reject any and all proposals and to waive any defects or technicalities as may be deemed best
for the interest of the State.
It is also understood and agreed that liquidated damages in the amount of ONE HUNDRED
FIFTY AND NO/100 DOLLARS ($150.00) for each and every calendar day in excess thereof
prior to completion of the contract shall be withheld from payments due to the Contractor.
It is also understood and agreed that if this bid is accepted, the successful bidder must enter
into and execute a contract with the Board of Agriculture and Biosecurity and furnish a
Performance and Payment Bond, as required by law. These bonds shall conform to provisions
of Section 103D-324 and 325, Hawai'i Revised Statutes and any law applicable hereto.
It is also understood and agreed that the successful bidder will provide all necessary labor,
materials, tools, equipment, and other incidentals necessary to do all the work and furnish all
the materials specified in the contract in the manner and time herein prescribed, and according
to the requirements of the Engineer as therein set forth.
It is understood that by submitting this proposal, the undersigned is declaring that his firm has
not been assisted or represented on this matter by an individual who has, in a State capacity,
been involved in the subject matter of this contract in the past two years.
It is understood that by submitting this proposal in accordance with HAR 3-122-192, the
undersigned is declaring that the price submitted is independently arrived without collusion.
It is also understood that by submitting this proposal, a Certification for Safety and Health
Programs for bids in excess of $100,000 (in accordance with HRS 396-18), the undersigned
certifies that his organization will have a written safety and health plan for this project that will be
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available and implemented by the Notice to Proceed date of this project. Details of the
requirements of this plan may be obtained from the Department of Labor and Industrial
Relations, Occupational, Safety and Health Division (HIOSH).
It is further understood and agreed that the successful bidder shall comply with paragraph 3.1.a
"SUBCONTRACTING" of the General Provisions which requires that the contractor shall
perform with his own organization and with the assistance of workmen under his immediate
superintendence, work of a value not less than twenty percent (20%) of the value of all work
embraced in the Contract, except that certain contract items of work, if specifically referred to in
the special provisions, will be exempted from said twenty percent requirement.
Compliance with 103-310 HRS. As a condition of award all bidders shall comply with all laws
governing entities doing business in the State, including Chapter 237 HRS (general excise tax);
Chapter 383 HRS (employment security - unemployment insurance); Chapter 386 HRS
(workers compensation); Chapter 392 HRS (temporary disability insurance); and Chapter 393
HRS (pre-paid health care), and shall produce all documents to the State (DLNR, Engineering
Division) required to demonstrate compliance with these subsections. Any bidder making a
false affirmation or certification under this subsection shall be suspended and may be debarred
from further offerings or awards pursuant to 103D-702 HRS.
RECEIPT OF ADDENDA
The bidder also acknowledges receipt of any and all addenda issued by the Agricultural
Resource Management Division, by recording the date of receipt of the respective addenda in
the space provided below:
Addendum Date Received Addendum Date Received
No.1 ____________ No. 5 ____________
No.2 ____________ No. 6 ____________
No.3 ____________ No. 7 ____________
No.4 ____________ No. 8 ____________
JOINT CONTRACTORS OR SUBCONTRACTORS TO BE ENGAGED ON THIS PROJECT
The Bidder agrees that the following is a complete listing of all joint contractors or
subcontractors covered under Chapter 444, Hawai'i Revised Statutes (HRS), who will be
engaged by the Bidder on this project to perform the required work indicated pursuant to
Section 103D-302, HRS. 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.
The Bidder certifies that the completed listing of joint contractors or subcontractors fulfills the
requirements for the project and the Bidder, together with the listed subcontractors or joint
contractors have all the specialty contractor's licenses to complete the work, except as provided
for in HRS 103D-302(b). Failure of the Bidder to comply with this requirement may be just
cause for rejection of the bid.
"A" General Engineering Contractors and "B" General Building Contractors are reminded that
due to the Hawai'i 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
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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 the definitions of an "A" and "B" project.), respectively, the "A" and "B"
contractor may only perform work in the areas in which they have the appropriate contractor's
license (An "A" or "B" contractor obtains "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.
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, C-
56, C-57a, C-57b and C-61.
General Building "B" Contractors automatically have these "C" specialty contractor's licenses:
C-5, C-6, C-10, C-12, C-24, C-25, C-31a, C-32a, C-42a and C-42b.
In completing the Joint Contractors or Subcontractors List, describe the specialty contractor's
nature and scope of work to be performed for this project and provide the complete firm name of
the joint contractor or subcontractor in the respective columns. If the Bidder is a general
contractor and providing the work of the required specialty contractor, fill in the Bidder's (general
contractor's) name and nature and scope of work to be performed on this project.
List only one joint contractor or subcontractor per required specialty contractor's classification,
unless within the same specialty, the work of each joint contractor or subcontractor can be
described so that there is no overlap in work descriptions.
If a contractor's license is required by law for the performance of the work which is called for in
this bid, the bidder and all subcontractors must have the required license before the submission
of the bidder's proposal in the case of a non-federal aid project, and for federal-aid projects, the
bidder must have the required license prior to the award of the project and all subcontractors
prior to the start of the subcontracted work.
COMPLETE FIRM NAME OF JOINT NATURE AND SCOPE OF WORK TO BE
CONTRACTOR OR SUBCONTRACTOR PERFORMED
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Enclosed herewith is a:
1. Surety Bond (*1) )
2. Certificate of Deposit (*2) )
3. Cashier's Check (*2) )
4. Certified Check (*2) ) in the
5. Official Check (*2) ) amount
6. Share Certificate (*2) ) of
7. Teller's Check (*2) )
8. Treasurer's Check (*2) )
(Cross Out Those Not Applicable)
____________________________________________________________________________
____________________________________________________Dollars ($_______________)
as required by law.
Respectfully submitted,
______________________________________
Name of Company, Joint Venture
or Partnership
______________________________________
Contractor's License No.
By ___________________________________
Signature (*4)
Title __________________________________
Print Name ____________________________
Date _________________________________
Address _______________________________
_______________________________
Telephone No. _________________________
E-Mail Address _________________________