HomeMy WebLinkAboutCOM 0537.001 1998-2000 INVITATION FOR BID NO. 1858: PRICE AGREEMENT FOR FURNISHING BODY
REMOVAL SERVICE TO THE HAWAII POLICE DEPARTMENT COUNTY OF HAWAII
BID RESULTS
Proposals opened and read 11/3/99; bidder's present, West Hawaii
Mortuary, Hawaii County Transport. "NO bid" responses received -
none. Notification and/or bid documents mailed to eleven potential
contractors.
HAWAII COUNTY WEST HAWAII
TRANSPORT MORTUARY. INC.
FIRST YEAR - EAST HAWAII
Fixed Rate (day) $389.00 $525.00 (lump sum)
Overtime same n/a (same)
Mileage $00.55/mile n/a (included in lump sum)
Location: 25-89 Kinai St.Hilo n/a
SECOND YEAR - EAST HAWAII
Fixed Rate (day) $404.00 $575.00 (lump sum)
Overtime same n/a (same)
Mileage $00.60/mile n/a (included in lump sum)
Location: 25-89 Kinai St.Hilo n/a
THIRD YEAR - EAST HAWAII
Fined Rate (day) $419.00 $600.00 (lump sum)
Overtime same n/a (same)
Mileage $00.65/mile n/a (included in lump sum)
Location: 25-89 Kinai St.Hilo n/a
FIRST YEAR - WEST HAWAII RECEIVED
Fined Rate (day) $389.00 no bid By_
Overtime same Date--__--__:__:__ _ _ _
Mileage $00.55/mile _ County C«,~,~a
Location: 76-388 Kanaka St.
Kailua-Kona
SECOND YEAR - WEST HAWAII
Fined Rate (day) $404.00 no bid
Overtime same
Mileage $00.60/mile
Location: 76-388 Kanaka St.
Kailua-Kona
THIRD YEAR - WEST HAWAII
Fined Rate (day) $419.00 no bid
Overtime same
Mileage $00.65/mile
Location: 76-388 Kanaka St.
Kailua-Kona j~
Comm. No. ? ~ / • 00
To Police 11/3/99 FYIe No. F/N
P?esentecl COUN ~rL
Ref, To:
Ref. Date ~ 1 7 1999
INVITATION FOR BID NO. 1858:
PROPOSAL AND SPECIFICATIONS
FOR
PRICE AGREEMENT FOR
F[JRNISHING BODY REMOVAL SERVICE
TO THE HAWAII POLICE DEPARTMENT
COUNTY OF HAWAII
HILO, HAWAII
NOTICE TO BIDDERS
SEALED TENDERS will be received and publicly opened at 2;00 P.M.,
WEDNESDAY, NOVEMBER 3, 1999, in the Office of the Purchasing Division,
Department of Finance, County of Hawaii, Room 118, 25 Aupuni Street, Hilo, Hawaii,
for the following:
INVITATION FOR BID NO, 1858: PRICE AGREEMENT
FOR FURNISHING BODY REMOVAL SERVICE TO THE
HAWAII POLICE DEPARTMENT, COUNTYDFHAWAII
Upon application, forms of proposal and specifications may be obtained from the
above-named office. Any request for approval to substitute any item or take exception
to any specification, special provision or general condition must be received in writing in
the above-named office on or before October 19, 1999. Any question regarding
clarification of any information contained in any bid document must be received in
writing in the above-named office on or before October 19, 1999. All potential offerors
are advised that the County of Hawaii reserves the right to reject any offer which does
not follow these instructions.
~ ~ Cfi ~ a1~~~~~--
HARRY .TAKAH HI
Diredo f Financ
HAWAII TRIBUNE HERALD
WEST HAWAII TODAY
Publication Date: October 6, 1999
PROPOSAL
FOR
PRICE AGREEMENT FOR
FURNISHING BODY REMOVAL SERVICE
TO THE HAWAII POLICE DEPARTMENT
COUNTY OF HAWAII
19
Director of Finance
County of Hawaii
Hilo, Hawaii
Dear Sir:
The undersigned hereby proposes to furnish body removal
services in the districts indicated around the County of Hawaii, for
a thirty-six-month period beginning approximately December 1, 1999,
and ending approximately November 30, 2002, for Hawaii Police
Department, County of Hawaii, at the prices proposed, complete as
specified, all in strict compliance with the Specifications, Special
Provisions and General Conditions attached hereto and by reference
made a part hereof.
It is understood and agreed that the services to be
furnished are for the exclusive use of the County of Hawaii and
are therefore exempt from Federal Excise Tares, and that the
net price proposed excludes such tar. An exemption certificate
will be furnished upon request for use by the manufacturer in
obtaining such exemption.
The successful bidder will be reouired to furnish taa
clearances from the State of Hawaii Director of Taaation and
the Internal Revenue Service prior to entering into anv
contract.
No bid bonds or performance bonds will be required in
conjunction with this bid and/or any subsequent contract.
It is also understood and agreed that all prices will
include all taaes which shall be applicable to the service or
the furnishing, sale or purchase thereof whether assessed
against, chargeable to or payable by the County of Hawaii or
any of the agencies or the undersigned.
The undersigned further agrees that he has carefully read
and understands the Proposal for this contract and that the
Director of Finance, County of Hawaii, reserves the right to
accept or reject any and/or all proposals or accept other than
the lowest proposal, if in his judgment, by so doing, it will
be for the best interest of the public and the County of Hawaii.
IFB 1858 - BODY REMOVAL SERVICES PROPOSAL PAGE 2 OF 5
Upon acceptance and award of this proposal by the Director
of Finance, the undersigned hereby agrees to enter into and
execute the contract within ten days after the award.
It is the intent of the County of Hawaii to secure
services for both sides of the island, East Hawaii and West
Hawaii, however, in the event a single bidder is the lowest
responsive and responsible bidder for both sides, the County
reserves the right to negotiate with that bidder relative to
issues such as response times, location of base(s) or
operations, etc.
cPrrion One - EAST HAWAII
The undersigned proposes to furnish removal services for
the first year of the Contract as follows:
$ filed rate (day) or $ (overtime)
per removal plus:
$ per mile traveled from base located
at to designated hospital or morgue
facility and return to designated base.
The undersigned proposes to furnish removal services for
the second year of the Contract as follows:
$ filed rate (day) or $ (overtime)
per removal plus:
$ per mile traveled from base located
at to designated hospital or morgue
facility and return to designated base.
IFB 1858 - BODY REMOVAL SERVICES PROPOSAL PAGE 3 OF 5
cam}ion One - EAST HAWAII (Continued)
The undersigned proposes to furnish removal services for
the third year of the Contract as follows:
$ fined rate (day) or $ (overtime)
per removal plus:
$ per mile traveled from base located
at to designated hospital or morgue
facility and return to designated base.
cP~*inn Two - WEST HAWAII
The undersigned proposes to furnish removal services for
the first year of the Contract as follows:
$ fined rate (day) or $ (overtime)
per removal plus:
$ per mile traveled from base located
at to designated hospital or morgue
facility and return to designated base.
The undersigned proposes to furnish removal services for
the second year of the Contract as follows:
$ filed rate (day) or $ (overtime)
per removal plus:
$ per mile traveled from base located
at to designated hospital or morgue
facility and return to designated base.
The undersigned proposes to furnish removal services for
the third year of the Contract as follows:
$ fixed rate (day) or $ (overtime)
per removal plus:
$ per mile traveled from base located
at to designated hospital or morgue
facility and return to designated base.
IFB 1858 - BODY REMOVAL SERVICES PROPOSAL PAGE 4 OF 5
This proposal is in all respects fair and is made without
collusion on the part of any person, firm, or corporation, and no
official or employee of the government has any illegal interest in
the offer or any portion of the profits thereof.
Respectfully submitted,
BIDDER (Name of Company)
(Authorized Signature) By
(type or print name of signer)
Title
Name of company contact and
address to which correspondence
should be sent:
Name of individual:
Address
Telephone No. Faa No.
Type of Organization: Individual Partnership Corporation
(please specify with check mark)
State of Incorporation: Hawaii Other
(please specify with check mark if Hawaii or writing in other state)
State of Hawaii General Excise Taz ID. No.
State of Hawaii Contractor's License (if any)
Federal ID. No. (Social Security No. if
Individual, EIN if Partnership or Corporation)
(PLEASE TYPE OR USE BLACK INK)
IFB 1858 - BODY REMOVAL SERVICES PROPOSAL PAGE 5 OF 5
cnFriFICATIONS FOR BODY REMOVAL SERVICES
1. GFRVICES TO BE RENDERED
1.1 The Contractor shall respond promptly to all calls
originating from the Police Department and shall dispatch a
morgue vehicle to pick up any corpse whenever requested,
h that the vehicle shall respond to the site requested
within no more than 1.5 hours in most instances (no less
than 95$ of calls), and as directed by the Department shall
remove, transport and deliver such corpse to the autopsy
facility as designated by the Police Department.
1.2 Upon arrival at the scene of pick up, the Contractor shall
immediately report to the investigator at the pick up
point. At all times, the deceased shall be handled with
mazimum respect and care, including but not limited to,
covering as soon as possible with a plain, white sheet, and
transport at all times practical upon an appropriate
stretcher or gurney. Contractor may also furnish, at
Contractor's ezpense, a body bag of standard design and
construction for the purpose of transporting a body.
1.3 Contractor shall identify the deceased by affizing a
self-locking wristband to the remains, listing the name of
the deceased, date and time as provided by the Police
Officer in charge at the scene. In the event the identity
cannot be determined, the wristband shall be labeled
"unidentified male" or "unidentified female."
1.4 Delivery shall mean picking up and transporting the
corpse(s) to its final destination where it shall be
unloaded. Stopovers in between pickup and unloading points
shall not be considered as "delivery."
1.5 In the event dismembered parts of the body are not
completely picked up, the Contractor shall return to the
point of pick up, at his own ezpense, and pick up all items
not originally picked up and shall deliver them to wherever
the original part or parts were delivered.
2. AREA RATES AND COMPENSATION
2.1 Payments will be made to the Contractor at the flat rate
per call proposed, plus all applicable mileage from
Contractor's base to scene, to assigned Hospital, and
return to base. The term "per call" shall refer to each
trip made by the Contractor's vehicle to a specific pick up
point pursuant to the contract. The amount of compensation
IFB 1858 - BODY REMOVAL SERVICES SPECIFICATIONS - PAGE 1 OF 7
per call shall be as follows: If only one corpse is
removed at a specific pick up point, the Contractor will be
paid the flat rate per call proposed; however, for each and
every corpse in excess of one, the Contractor will be paid
an additional one-half of the amount of the flat rate per
call proposed. In the event the Contractor shall be
required, during one trip, to proceed to more than one pick
up point for the purpose of removing corpses, the half-rate
shall also apply, along with actual mileage required for
the entire trip.
2.2 In the event the Contractor responds to the call for
service within the time specified and upon arrival at the
scene of the pick up the request for service is cancelled
by the Officer in Charge at the scene due to unforeseen
circumstances, the Contractor shall be reimbursed the full
amount of the rate per call proposed. if cancellation is
received by the Contractor prior to arrival at the scene,
the Contractor shall be reimbursed one-half of the amount
of the rate per call proposed.
2.3 The compensation to be paid the Contractor for services
rendered will be on a monthly basis by district, payable as
soon as the regular course of business will allow upon
receipt of three (3) copies of the invoice.
2.9 The Contractor shall be given first preference on all
corpse removal cases, except those authorized to be handled
by the Fire Department and/or any other emergency
facilities. Should the Contractor indicate an inability to
respond to any calls for service, the officer in charge may
call another capable service provider. Under normal
circumstances, the Contractor will be the only firm
called. The Fire Department does not normally transport if
there are no signs of life. In certain cases, the death
may occur after the Fire bepartment is transporting. In
other cases, such as a public catastrophe with multiple
fatalities, it may be necessary to take extraordinary
measures because the Contractor's capacity is obviously
unable to cope with the situation. On very rare occasions,
where the Contractor is unable to respond in a timely
manner, it may well be necessary to make alternate
arrangements. It is understood and agreed that the County
has the right to take whatever measures it deems necessary
to cope with any given situation.
2.5 Bidders need not offer a proposal for both districts,
however, should they do so, and be successful, they must
maintain a presence on both sides such that the response
time of 1.5 hours is met in the majority of cases. Award
shall be made to lowest responsive and responsible proposer
IFB 1858 - BODY REMOVAL SERVICES SPECIFICATIONS - PAGE 2 OF 7
for each side. in evaluating proposals, an average cost
including the sum of a day flat rate, an overtime flat rate
and round trip mileage of 25 miles in the case of East
Hawaii and a round trip mileage of 50 miles in the case of
West Hawaii shall be computed to determine who is the
lowest bidder:
The following data is provided to assist bidders in
estimating their costs:
Number of Removal Services Annually
Fiscal Year Oct. 97 Sept. 98
96-97 to Sevt. 98 to Seot. 99
District Z (Hilo) 59 64 35
District II (N. Hilo) 2 1 2
District III (Hamakua) 8 3 1
District IV (N. Kohala) 9 7 4
District V (S. Kohala) 26 14 21
District VI (Kona) 40 39 18
District VII (Ka'u) 7 10 10
District VIII (Puna) 53 50 29
The vast majority of all transports shall be to either Hilo or
Kona Hospitals, the only locations on the island where autopsies
are performed. The other locations are listed for unusual
circumstances whereby, for example, when a family physician may
be available at that location and indicates a willingness to
pronounce death at that site, releasing the deceased to family
at that time.
All potential contractors are advised that, this being a price
agreement, there may be any quantity, including NONE, in any
given district.",
2.6 Day rates and overtime rates defined:
2.6.1 DAY RATE - Mondays through Fridays from 7:30 AM
to 4:30 PM except State Holidays.
2.6.2 OVERTIME RATE - Official State Holidays exclusive
of State administrative leaves, Saturdays and
Sundays and any hours between 4:30 PM and 7:30 AM.
Rates shall be determined at the time of the authorized
call from the Police Department. Calls placed between 7:30
AM and 4:30 PM on Monday through Friday except on State
Holidays will be on day rate.
IFB 1858 - BODY REMOVAL SERVICES SPECIFICATIONS - PAGE 3 OF 7
3. MODE OF PERFORMANCE
It shall be mutually agreed and understood by and between the
parties to the contract that because this service is of a very
sensitive nature and the Public can easily be offended. by poor
performance on the part of the Contractor, the Contractor will
be responsible to perform at all times in such a manner as not
to offend the Public. In the event the Public is offended by
his performance, Contractor shall immediately revise his
procedures accordingly, with no adjustments in contract rates.
For example, the contractor may hire an individual whose very
demeanor, callousness toward accident victims, personal
cleanliness or inappropriate behavior make it necessary to
require his correction or, if necessary, removal. .Contractor or
his employees may engage in activities deemed not in keeping
with the scope of the services, such as advertising or promoting
other services, carrying on other activities not in keeping with
the needs at hand, etc." in the event of a disagreement as to
whether or not the Contractor shall be required to revise his
procedures or personnel, the Director of Finance shall be the
sole judge.
q, RFGpONSIBILTTY AND LIABILITY FOR CLAIMS
4.1 The Contractor, its officers, employees and agents shall
not be deemed to be employees or agents of the County of
Hawaii.
4.2 Neither the County nor its officers or employees shall be
held liable for any claims arising out of the services
performed pursuant to the contract.
4.3 The Contractor shall be responsible for any damage to any
person or property resulting from the performance of the
contract, and shall indemnify and hold harmless the County
of Hawaii.
4.4 The Police Department will be responsible for taking
possession of all valuables and/or jewelry, at the scene,
prior to Contractor removing body for transport. The
Police Department will be responsible for documenting and
taking possession of all potential evidence in cases the
may have criminal. litigation implications, including
sealing of a body bag (if provided by Contractor) prior to
transport.
5. INSPECTIONS
The Chief of Police or his duly authorized representative, shall
have the right to inspect at any time, the operations, services,
IFB 1858 - BODY REMOVAL SERVICES SPECIFICATIONS - PAGE 4 OF 7
materials, supplies, equipment and personnel of the Contractor
for the purpose of securing compliance with all of the terms and
conditions of the contract.
Vehicles to be used in carrying out this contract shall be of
late model construction, kept clean and free of external rust,
blemishes, dents and the like. Said vehicles will be of
station wagon, mini-van, multi-purpose or hearse type design
with a single color conservative paint color, provided that any
vehicles used shall have a completely covered and enclosed area
for the transportation of at least two bodies in a fully reposed
position.
6. PUBLIC EXIGENCY
6.1 All proposers are advised that in addition to the
circumstances already specified in which Contractor may not
be called to remove a body, in the event a corpse is in
public view and/or offensive, the officer in charge may
request that Fire Department and%or other emergency
response facilities respond and remove the body, if in his
judgment the response time will be shorter and/or other
considerations deem such a procedure necessary.
Under normal circumstances, the Contractor will be the only
firm called. The Fire Department does not normally
transport if there are no signs of life. In certain cases,
the death may occur after the Fire Department is
transporting. In other cases, such as a public catastrophe
with multiple fatalities, it may be necessary to
extraordinary measures because the Contractor's capacity is
obviously unable to cope with the situation. On very rare
occasions, where the Contractor~is unable to respond in a
timely manner, it may well be necessary to make alternate
arrangements. It is understood and agreed that the County
has the right to take whatever measures it deems necessary
to cope with any given situation.
6.2 In the event Contractor has been called but bodies removed
in the interim, section 2.2. of these specifications will
apply provided Contractor cannot be reached and the request
cancelled prior to Contractor leaving its place of business.
7. INSURANCE:
The contractor shall carry general, professional and vehicle
liability insurance with limits of at least $100,000 per person,
$300,000 per occurrence and $50,000 property damage. The County
shall be named as additional insured on all such policies and a
certificate of insurance furnished prior to beginning work.
IFS 1858 - BODY REMOVAL SERVICES SPECIFICATIONS - PAGE 5 OF 7
In the event the Contractor hires employees to carry out any
duties under the Contract, the Contractor shall carry workers
compensation insurance and temporary disability insurance on all
employees.- All contractors who do not furnish a certificate
attesting to their workers compensation insurance shall be
required to sign an affidavit that they will not under any
circumstances, employ any person to do any activity that would
require workers compensation insurance.
8. QUALIFICATIONS
Prior to award of any contract, the County reserves the right to
determine, solely in its own judgment, whether the bidder has
the necessary combination of skills, knowledge, personnel,
equipment and resources to undertake all districts contemplated
for award.
In the case of award for both sides of the island to a single
contractor, the County will determine if the bidder has the
ability to service all districts proposed for the award within
the response times indicated during periods of anticipated peak
activity, and may split award if in County's judgment the Public
will be better served.
Factors in determining qualification will include, but not
necessarily be limited to, the following:
1. Number and experience of personnel.
2. Number and age of appropriate motor vehicles.
3. Previous experience in body removal, mortuary services and
the like.
4. Financial resources.
5. Contingent arrangements to handle peak periods.
9. DISTRICT BOUNDARIES•
DISTRICT I [HILO)
From Hakalau gulch at the seashore to the summit of Mauna
Kea, thence to and along the southern boundary of the
Kilohana Girl Scout Camp to Pohaku Hanalei, thence to
Kulani Cone, thence to Papai, thence along the seashore to
Hakalau gulch.
DISTRICT II (NORTH HILO)
From Hakalau gulch to Kaala gulch at the seashore, inland
from these points to the summit of Mauna Kea.
IFB 1858 - BODY REMOVAL SERVICES SPECIFICATIONS - PAGE 6 OF 7
DIGTRTCT TII (HAMAKUA)
From Kaala gulch along the seashore to Honopue gulch,
thence in a straight line to Route 19 where it intersects
with Mamalahoa Highway at Lakeland, thence along Mamalahoa
Highway to its intersection with the government road
commonly referred to as Vierra Road, thence in a straight
line to the summit of Mauna Kea, thence to Kaala gulch at
the seashore.
DISTRICT IV (NORTH KOHALA)
All of the area north of a line from Kaiopae on the west
shore to Honopue on the east shore.
DISTRICT V [SOUTH KOHALA)
From Kaiopae along the seashore to Kaauau Point, thence to
the summit of Pohaku Hanalei, thence in a straight line to
and along the southern boundary of the Kilohana Girl Scout
Camp, thence in a straight line to the summit of Mauna Kea,
thence in a straight line to and along the government road
commonly referred to as Vierra Road to its intersection
with Mamalahoa Highway, thence along Mamalahoa Highway to
its intersection with Route 19, thence to Honopue gulch at
the seashore, thence to Kaiopae.
DISTRICT VI (KONA)
From Kaulanamauna at the seashore to Kaauau Point and from
these points inland to the summit of Pohaku Hanalei.
DISTRICT VII (KAU)
From Keauhou Landing to Kaulanamauna at the seashore, and
inland from these points to the summit of Pohaku Hanalei.
DISTRICT VIII (PUNA)
From Papai on the east shore to Kulani Cone, thence to the
summit of Pohaku Hanalei, thence to Keauhou Landing, thence
along the seashore to Papai.
Generally, the contractor for the Hilo side will be expected to
serve the Hamakua, North Hilo, Hilo, and Puna Districts, while
the Kona contract will serve North Kohala, South Kohala, Kona
and Ka'u. The County may clarify and alter assignments
according to a practical basis, such as a half-way point in
driving time between Hilo and Kona Hospitals on Southern,
Northern and Saddle roadways.
IFB 1858 - BODY REMOVAL SERVICES SPECIFICATIONS - PAGE 7 OF 7
SPECIAL PROVISIONS
1. PROPOSAL ACCEPTANCE/REJECTION• The County reserves the right
to reject any and all proposals and to accept the proposals in
whole or in part as best suited in the interest of the County,
giving due consideration to price, quality, proven
dependability and ability of each bidder with respect to
ability to serve the County.
2. CONTRACT TERM: Contract term shall be for three years,
commencing with the date of the "Notice to Proceed". This
contract may be extended for an additional six months, at the
prices set forth for the third year, at the option of the
County.
3. DEVIATIONS: The Director of Finance reserves the right to
waive and/or accept any minor deviations from the
specifications, if in his opinion, such waiver will be in the
best interest of the County and that such waiver shall not
affect in any way the standards of performance, operations,
capacities or quality of the goods and/or services offered.
4. PROPOSAL OPENING: All bids received will be time-stamped and
deposited in the locked bid box of the Purchasing Division
until the hour of bid opening. Bids mailed in must arrive in
the Purchasing Division before the time of opening; bids
received late will be returned unopened. Facsimile copies of
bids may be accepted with the prior approval of the Purchasing
Agent should there be good reason for delay. Facsimile
transmission should include only relevant proposal pages (not
pages showing only "no bid"), the signature page, the bid bond
if required, and any exceptions to specifications. The County
of Hawaii will not be responsible in any way for errors in
transmission or failure to receive the fax bid in a timely
manner, nor will the County guarantee that the fax bid has
remained completely confidential. Complete original signed bid
must be received within three (3) working days of the bid
opening if prior permission to submit a fax copy or otherwise
incomplete bid has been granted.
IFB 1858 - BODY REMOVAL SERVICES SPECIAL PROVISIONS - PAGE 1 OF 10
5. PROTEST PROCEDURE: Any protest regarding procurement law or
procedure shall strictly follow the procedure described in
chapter 126, Hawaii Administrative Rules, Department of
Accounting and General Services, Subtitle 11, Procurement
Policy Board. All protests must be filed in writing to Mr.
Harry Takahashi, Chief Procurement Officer, County of Hawaii.
It shall be the responsibility of any protester to review all
public documents relating to this IFB or RFP and his or any
other vendor's contract award within five days of the date the
information or action, which is the basis of the protest,
became available for public inspection and file all protests
within that period. Any protest regarding the content of this
solicitation must be properly filed prior to the date set for
the receipt of offers. While the County may make efforts to
notify all participants of awards, failure to receive such
notification shall not relieve any aggrieved bidder of their
responsibility of reviewing public records on a timely basis,
and filing their protest within five days of the date days of
the date a "Notice of Award" is posted on the bulletin board in
the Purchasing Division lobby area, Room 118, 25 Aupuni Street,
Hilo, Hawaii.
No other action or proceeding involving this contract shall be
commenced by either party except in the Circuit or District
Courts of the Third Circuit, County of Hawaii, State of Hawaii;
nor shall any action commenced in such court be removed or
transferred to any other state or federal court.
6. INDEPENDENT CONTRACTOR: The Contractor shall perform the
contract as an independent contractor and shall indemnify and
save the County and its officers and employees harmless from
any and all deaths, injuries, losses and damages to persons or
property, and any and all claims, demands, suits, action and
liability therefor, caused by error, omissions or negligence in
the performance of the contract by the Contractor or his
subcontractors, agents and/or employees, until such time as
action against the Contractor for death, injuries, losses and
damages is barred by the provisions of Chapter 657, HRS, as
amended, relating to limitations of actions.
IFB 1858 - BODY REMOVAL SERVICES SPECIAL PROVISIONS - PAGE 2 OF 10
7. LAWS AND REGULATIONS: The Contractor shall keep himself fully
informed of all laws, ordinances, codes, rules and regulations,
governmental general and development plans, setback limitations,
rights-of-way, and all changes thereto, which in any manner
affect the contract and the performance thereof, including but
not limited to:
8.1 All Sections of the Hawaii County Charter and Hawaii County
Code.
8.2 Chapter 103, HRS, as amended, relating to expenditure of
public money, including 103D, Hawaii Public Procurement Code.
8.3 Chapter 109, HRS, as amended, relating to wages and hours of
employees on public works.
8.4 Chapter 321, HRS, as amended, relating to Health Department.
8.5 Chapter 378, HRS, as amended, relating to fair employment
practices.
8.6 Chapter 376, HRS, as amended, relating to industrial safety.
8.7 Chapter 386, HRS, as amended, relating to workmen's
compensation.
The Contractor shall comply with all such present laws,
ordinances, codes, rules, regulations, design standards and
criteria, governmental general and development plans, setback
limitations, rights-of-way, including the giving of all notices
necessary and incident to the proper and lawful prosecution of
the work, and all changes thereto. If any discrepancy or
inconsistency is discovered between the contract and any such
law, ordinance, code, rule, regulation, design standard, design
criterion, governmental general or development plan, setback
limitation or rights-of-way, the Contractor shall forthwith
report the same in writing to the Officer-in-Charge.
8. TIME OF PERFORMANCE OF CONTRACT: Time is of the essence of the
contract. Performance of the services under the contract shall
be commenced on the commencement date designated in the notice to
proceed and the services as required in the specifications shall
be completed within the time limits proposed.
IFH 1858 - BODY REMOVAL SERVICES SPECIAL PROVISIONS - PAGE 3 OF 10
9. DELAY IN PERFORMANCE OF CONTRACT: If any delay in the
performance of the services under the contract occurs as a result
of unforeseeable causes beyond the control and without the fault
or negligence of the Contractor, including but not limited to,
acts of God, acts of the public enemy, acts of the County with
respect to the contract, acts of another contractor in the
performance of a contract with the County, fires, floods,
epidemics, quarantine restrictions, strikes, freight embargoes,
unusually severe weather, or delays of subcon-tractors or
suppliers arising from unforeseeable causes beyond the control
and without the fault or negligence of both the Contractor and
such subcontractors or suppliers, then the Contractor shall be
granted an extension of the time for performance corresponding to
the delay. If as a result of the delay completion of performance
within the extended time would cause undue hardship to the
Contractor, the Director may, in his discretion, grant a further
extension of the time for performance. No extension of time,
however, shall be granted unless a written application therefor
stating in detail the cause or causes of delay is filed by the
Contractor with the Officer-in-Charge within ten (10) calendar
days after the commencement of the delay. The number of days of
each extension of time shall be determined by the Director upon
the recommendation of the Officer-in-Charge. No such extension
shall be deemed a waiver of the right of the County to require
the completion of the services under the contract within the time
required herein as so extended by the specific terms of such
extension or extensions, nor a waiver of right to terminate the
contract for any other or additional delay not covered by the
specific terms of such extension or extensions.
10. PROSECUTION OF THE WORK: The Contractor shall be available upon
reasonable demand to discuss the progress of the services being
performed under contract. All questions arising during the
performance of the contract which must be resolved by the
Director or Officer-in-Charge shall be brought to their immediate
attention. The Contractor shall furnish sufficient technical
supervision and administrative personnel to insure the proper
performance of the services under the contract.
IFB 1858 - BODY REMOVAL SERVICES SPECIAL PROVISIONS - PAGE 4 OF 10
11. AU'T'HORITY OF THE OFFICER-IN-CHARGE AND DIRECTOR: Any question or
dispute concerning any provision of the contract which may arise
during its performance shall be decided by the Officer-in-Charge.
The decisions of the Officer-in-Charge shall be final and binding
upon all parties unless the same is fraudulent or capricious or
arbitrary or so grossly erroneous as necessarily to imply bad
faith or is not supported by substantial evidence, provided that
decisions on questions or disputes relating to acceptance of the
services performed under the contract, suspension or termination
of the contract, extension of time, reduction or increase in the
compensation of the Contractor and payment shall become final and
binding upon all parties only upon approval of the Director, and
provided further that nothing herein shall be construed as making
final and binding any decision of the Officer-in-Charge and/or
Director on a question of law. Pending final decision of any
dispute or question, the Contractor shall proceed diligently with
the performance of services under the contract in accordance with
the decision of the Officer-in-Charge and/or Director.
12. COMPENSATION: The Contractor shall be paid the amount stated in
the written agreement or the amount determined in accordance with
the special provisions, whichever is lower, less any reduction in
compensation and plus any increase in compensation pursuant to
paragraph 14 of the Special Provisions, as full compensation for
the performance of the services under the contract.
13. ABANDO NT OF THE PROJECT: DEATH OR DISABILITY OF CONTRACTOR:
In the event the County terminates the contract because it wishes
to abandon, defer, restudy or revise the project, or in the event
the Contractor, in the case of an individual, dies or become
physically or mentally disabled, the Contractor or his estate
shall be compensated in the same proportion of the compensation
under the contract as the services performed bear to the services
to be performed under the contract.
IFB 1858 - BODY REMOVAL SERVICES SPECIAL PROVISIONS - PAGE 5 OF 10
14. REDUCTION OR INCREASE IN COMPENSATION: The compensation of the
Contractor shall be reduced whenever modification of the contract
or designs and plans pursuant to paragraph 21 of Special
Provisions reduce the services to be performed by the Consultant.
The compensation of the Contractor shall be increased to
reimburse him for increased costs to perform the services under
contract if performance of the services is delayed for more than
sia months by an act or omission of the County. No such
reimbursement, however, shall be made unless he files a written
application therefor with the Officer-in-Charge within thirty
(30) calendar days after termination of the delay. In addition,
the compensation of the Contractor shall be increased whenever
modification of the contract pursuant to paragraph 16 of Special
Provisions requires the Contractor to perform services not
required under the contract and whenever modification of designs
and plans or studies is required pursuant to paragraph 21 of
Special Provisions after the designs and plans or studies have
been approved by the County. For each such modification and each
modification reducing the services to be performed by the
Contractor, the compensation of the Contractor shall be increased
or reduced in accordance with the supplemental agreement or if no
supplemental agreement has been entered into, by an amount equal
to the sum total of the following:
14.1 Wages of employees actually engaged in the services required
by the modification and the salary cost of principals when
actually engaged in such services in the case of an increase
in compensation or the wages of employees and the salary
cost of principals who would have been so engaged in the
case of a reduction in compensation;
14.2 One hundred fifty Percent (150$) of (a) for all other
overhead, including bonus allowances, cost of supplies used,
cost of transportation within the County of Hawaii required
for the project and profit; and
IFB 1858 - BODY REMOVAL SERVICES SPECIAL PROVISIONS - PAGE 6 OF 10
14.3 Other direct costs, including the cost of transportation to
and from destinations outside of the County of Hawaii and
long distance telephone calls and/or data transmission
costs; and
14.4 The State of Hawaii General Ezcise Taz payable by the
Contractor on all of the above. (See State of Hawaii,
Department of Tazation, Publication A-6 included herein).
15. MODIFICATIONS OF CONTRACT, DESIGNS, PLANS AND STUDIES: The
County may at any time make such modifications in the contract,
and the designs and plans or studies prepared by the Contractor
as it deems necessary and advisable. Such modifications shall be
made by a supplemental agreement in writing or by written order
of the Director; provided that modifications by such a written
order shall be limited to modifications in the scope of services
and in the designs, plans and studies; and provided further that
modifications involving no reduction or increase in compensation
of the Consultant may be made by written order of the
Officer-in-Charge.
Upon receipt of a written order, the Contractor shall proceed
with the modification as ordered. If the Contractor does not
agree with any of the terms or conditions of or with the amount
of the reduction or increase in compensation provided for in the
order, he shall file with the Officer-in-Charge a written protest
setting forth his reasons in detail within ten (10) calendar days
after receipt of the order. The protest shall be disposed of
pursuant to the provisions of paragraph 11, AUTHORITY OF THE
~FFrrFR-IN-CHARGE AND DIRECTOR. Failure to file such protest
within the time specified shall constitute agreement on the part
of the Contractor with the terms, conditions and amount in the
order.
IFB 1858 - BODY REMOVAL SERVICES SPECIAL PROVISIONS - PAGE 7 OF 10
In the event the Contractor for reasons related to safety does
not agree with and refuses to proceed with the modifications in
the designs and plans required by the County in the written
order, the Director may allow the Consultant to withdraw from the
contract without breach, provided the Contractor files with the
Director a written protest setting forth his reasons in detail
within ten {10) calendar days after receipt of the order. if
withdrawal is allowed, the Contractor shall be compensated in the
same proportion of the compensation services to be performed
under the contract.
16. ASSIGNMENT OF MONEY DUE OR PAYABLE: Assignments of money due or
to become payable to the Contractor under the contract shall not
be valid without the prior written consent of the Director. The
rights of the assignee to moneys due or to become due to the
Contractor shall be subject to Special Provisions.
17. ACCEPTANCE AND FINAL PAYMENT: Final payment will be made only
after the issuance of a notice of final approval and acceptance
by the Director advising the Contractor of the satisfactory
fulfillment of the terms of the contract and receipt of a
certificate from the Director of Taxation, as provided in Section
103-53, HRS, relating to prerequisite for final settlement of
contracts. Acceptance by the Contractor of the final payment
shall constitute payment in full for all services performed under
the contract.
18. AUTHORITY TO WITHHOLD MONEY DUE OR PAYABLE: The County may
withhold such amounts from the money due or to become payable
under the contract to the Contractor, or any assignee under
paragraph 21, as may be necessary to protect the County against
liability or to satisfy the obligations of the Contractor to the
County and to employees, subcontractors and material men who have
performed labor or furnished material and equipment under the
contract and may make such payments from such amount as may be
necessary to discharge such obligations and protect the County.
IFB 1858 - BODY REMOVAL SERVICES SPECIAL PROVISIONS - PAGE 8 OF 10
19. REMEDIES SOT EXCLUSIVE: The express provision herein of certain
measures which may be exercised by the County for its protection
shall not be construed to preclude the County from exercising any
other or further legal or equitable right to protect its
interests.
20. TAX CLEARANCE: Prior to a Contract, or Purchase Order exceeding
$25,000.00, being issued the successful bidder must furnish tax
clearances from the State of Hawaii, Director of Taxation and the
internal Revenue Service prior to entering into any contract in
conformance with HRS, 103-53, and again before final payment can
be made. In the event an apparent successful bidder is unable to
furnish appropriate certificates within ten (10) calendar days of
being requested to do so, the County will proceed to award to the
neat lowest bidder who shall furnish said certificates. It is
not revuired but strongly suaaested that bidders furnish taa
clearances with their bids.
21. LIQUIDATED DAMAGES, per section 6.12 of the General Terms and
Conditions for Goods and Services, dated July 1,1999, shall be
assessed at one-tenth of one percent (0.1~) for each day of delay
for delivery. In the case of the original contractor not being
able to furnish contracted items and/or services, the County
reserves the right to contract with the nett lowest responsible
bidder, with the defaulting contractor paying any difference in
cost.
22. GENERAL CONDITIONS. CONTRACT AND BOND FORMS
The "General Terms and Conditions for Goods and Services,"
including exhibits of appropriate contract and bond documents,
dated July 1, 1994, shall be a part of any contract entered into
as a result of this proposal. All bidders are responsible to be
familiar with these general terms and conditions, a copy of which
IFB 1858 - BODY REMOVAL SERVICES SPECIAL PROVISIONS - PAGE 9 OF 10
is on file at the Purchasing Division and will be made available
to any interested person upon request at no charge.
Where any conflict might appear, these Special Provisions shall
have precedence over the General Terms and Conditions and the
Specifications of this bid shall have precedence over either.
23. SERVICES CLAUSE: It is understood and agreed that any services
to be provided in accordance with the terms of this contract may
be terminated immediately, in whole or in part, upon a finding by
the county that the services must be provided by public employees
pursuant to Civil Service Laws or that such services will be
discontinued. It is further understood that should such a
finding be made, the County will not be liable under this
contract for any resulting damages, and such a termination will
not be considered a breach of this agreement.
24. MANAGED PROCESS REVIEW: Any contract for goods, services, or
construction entered into after July 20, 1998, and prior to July
1, 2001, with an expiration date beyond June 30, 2001, shall,
during its term, be subject to a single review by the County,
pursuant to the managed process in Part III, Section 6 of Act
230, Session Laws of Hawaii, 1998. Pursuant to the managed
process review, the contract may be canceled, renegociated,
continued, or extended by the County. The contract shall
continue to be ezempt from civil service laws for the duration of
the contract even if a managed process is not implemented.
ZFB 1858 - BODY REMOVAL SERVICES SPECIAL PROVISIONS - PAGE 10 OF 10