HomeMy WebLinkAboutCOM 0504.003 2010-2012DOMINIC YAGONG
Council Chairperson
Council District I
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Hawai `i County Council
County of Hawai `i
25 Aupuni Street
Hilo, Hawai `i 96720
To: Members of the Hawaii County Council
From: Dominic Yagong, Chairperson
Date: December 20, 2011
Email: dyagong@co.hawaii.hi.us
Phone: (808) 961-8264
Fax: (808) 961-8912
Subject: Relating to Resolution No. 201-11, Transmitting a Copy of Request for Proposals
No. 2738, published June 6, 2011, For Furnishing and Implementing Compost
Operations for an Organics Diversion Program in East Hawaii and West Hawaii
for the Department of Environmental Management, County of Hawaii.
Please find attached a copy of Requests for Proposal (RFP) No. 2738. This document requests
proposals for furnishing and implementing compost operations for an organics diversion
program in east Hawaii and west Hawaii for the Department of Environmental Management,
County of Hawaii.
For the Council's information this RFP was published with the State of Hawaii on June 6, 2011
and bids were accepted until 4:30 P.M. on July 6, 2011 as indicated on the "Notice To
Proposers" which can be found on page 2 of the document.
DY/sao
Att.
Comm. No. s 3
Ref. To:Pri WaQ uL&% c:
Ref. Date DEC 21 2011
REQUEST FOR PROPOSALS NO.: 2738
REQUEST FOR PROPOSALS
FOR
FURNISHING AND IMPLEMENTING COMPOST OPERATIONS FOR
AN ORGANICS DIVERSION PROGRAM IN EAST HAWAII AND
WEST HAWAII FOR THE DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT, COUNTY OF HAWAII
HILO, HAWAII
AlOrICE rO PROPOSERS.
SEALED PROPOSALS will be received on or before 4;30 P.M.,1UL Y 6,
2011, in the office of the Purchasing Division, Department of Finance, County of
Hawai' i, 25 Aupuni Street, Suite 1101, Hilo, Hawai' i, 96720, for the following:
REQUEST FOR PROPOSALS NO. 2738:
FOR FURNISHING AND IMPLEMENTING COMPOST OPERA TIONS
FOR AN ORGANICS DIVERSION PROGRAM IN
EAST HA WAI 'I AND WEST HAWAI 'l
FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT,
COUNTY OFHAWAI `I
Upon application, forms of proposal and specifications may be obtained from the above-
named office.
Written questions or requests for clarification regarding any aspects of the above -
proposal must be submitted to Ms. Linda Peters, Recycling Coordinator, Solid Waste
Division, Department of Environmental Management, County of Hawai' i, 108 Railroad
Avenue, Hilo, Hawai ' i 96720, no later than June 21, 2011,
NANCY C WFORD
Director of Finance
State of Hawai'i N Procurement Notice System (PNS)
Publication Date: June 6, 2011
" SPECIFICATIONS N
I. GENERAL
A. Intent
In 2003, the County of Hawai' i passed a resolution with a goal to divert 50% of
the solid waste from landfills by 2008 and 80% by 2013. In 2007, the County
passed a resolution to adopt Zero Waste goals. In 2009, the County passed a
resolution to develop an ordinance and implement a plan to prohibit food, paper
and compostable organics from Hawaii County Landfills by 2012. The 2009
Integrated Resource and Solid Waste Management Plan identified 54% of the
waste disposed at our landfills were organic. To help achieve these goals, the
County of Hawai'i is soliciting proposals to efficiently and economically divert
greenwaste, and other organic or biodegradable waste from its landfills.
The purpose of this Request for Proposal is to divert.greenwaste and designated
organic materials from the South Hilo Sanitary Landfill (SHSL) and the West
Hawai' i Sanitary Landfill (WHSL) by implementation of .compost operations.
Offerors must submit proposals for both locations. County intends to
award both locations to a single contractor. All such proposals shall be subject
to this Request for Proposals, Specifications and Special Provisions, all of which
are attached hereto and by reference made a part hereof.
B. General Terms and Conditions for Goods and Services
The "Genera/ 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 Request for Proposals (RFP). All
proposers are responsible to be familiar with these general terms and conditions,
a copy of which is on file at the Purchasing Division and will be made available to
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 1 of 48
any interested person upon request at no charge. Where any conflict might
appear, the Special Provisions shall have precedence over the General Terms and
Conditions and the Specifications of this proposal shall have precedence over
either.
U. SCOPE OF SERVICES
A. Acronyms
DOH
State of Hawai' i Department of Health, Office of Solid Waste
Management
DOH Permit
DOH issued Solid Waste Management Facility Permit
EHCF
East Hawai' i Compost Facility
EPA
United State Environmental Protection Agency
FOGs
Fats Oils and Grease
HCC
Hawai' i County Code
MDOM
Mandatory Designated Organic Materials
ODOM
Optional Designated Organic Materials
RFP
Request for Proposals
SHSL
South Hilo Sanitary Landfill
STA
Seal of Testing Assurance
SWD
County of Hawai ' i Solid Waste Division
WHCF
West Hawaii Compost Facility
WHSL
West Hawaii Sanitary Landfill
B. Definitions
Compost operations traditionally accept a variety of greenwaste and organic materials.
This Request for Proposal will be establishing the County's first compost operation as
part of its solid waste diversion programs. Initially, in the first year of operation, the
program will include diversion of greenwaste and only some designated organic
materials. In year two, the goal is to expand the operation to accept a full range of
organic materials, diverting them from landfills. For a list of the designated organic
materials or materials that are to be accepted please see Scope of Services, Designated
Organic Materials.
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 2 of 48
Animal Waste: See Slaughterhouse Waste under definitions.
Average Daily Organic Tons: This number shall be determined for a specific
period, monthly, quarterly or annually based on the total incoming organic
material tons divided by the total calendar days for the same period.
Biodegradable: See Organic Materials under definitions.
Biodegradable and Comgostable Plastics: Plastics including food containers,
plastic bags, cups, etc. that will safely disintegrate and biodegrade in a municipal
compost facility. Many of these materials are produced from renewable
resources (i.e. corn, potato, grain).
Biosolids: Also referred to as sewage sludge, it is the nutrient -rich organic
materials resulting from the treatment of domestic sewage at a wastewater
treatment facility. Through biosolids management, solid residue from
wastewater treatment is processed to reduce or eliminate pathogens and
minimize odors, forming a safe, beneficial agricultural product. See EPA
Regulation 40 CFR Part 503 under definitions for more information on biosolids.
Commercially -Generated: Specifies the source and/or method of delivery of the
greenwaste or organic materials. Commercially -Generated refers to greenwaste
or organic materials from commercial or non-residential properties. It is also
household -generated greenwaste or organic material delivered by anyone, in
any type of vehicle that is charging for their services of yard maintenance or the
hauling of the greenwaste or other organic materials. Commercial refers to a
place of business, federal or state agency, religious entity or non-profit
organization.
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 3 of 48
Compost: It is the aerobically decomposed remnants of organic matter. It is a
growing medium used in landscaping, horticulture and agriculture as a soil
conditioner and fertilizer. It is also useful for erosion control, land and stream
reclamation, wetland construction, and as landfill cover. All compost produced
from the operation must meet the U.S. Composting Council Seal of Testing
Assurance. Requirements and information available online at
http://www.compostingcouncil.ora/programs/sta/. Compost is an acceptable
end product for the diverted greenwaste and/or organic materials.
Contractor: A person or entity who, as part of an independent business duly
selected through the County of Hawai' i procurement process, is obligated to
provide, for a competitively establish contract price, the goods and/or services
described in this RFP and/or required in any contract entered into as a result of
this RFP.
County -Generated: Specifies the source and/or method of delivery of the
greenwaste or organic materials. County -Generated refers to greenwaste or
organic materials delivered in a vehicle with a County Seal on the outside of the
vehicle, has County license plates or is a County designated vehicle (example;
operated by an approved contractor providing services for the County). May also
include mixed municipal organic materials.
East Hawai' i Compost Facility (EHCF): Refers to the proposed location in East
Hawai' i, adjacent to the SHSL that is designated as a greenwaste and organics
collection facility for compost operations.
End Products: Organic material that has been processed into compost, topsoil
or other soil amendments or into mulch, wood chips or other landscaping
products.
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 4 of 48
Fats, Oils, and Grease (FOGS): Refers to all fats, oils and grease used in food
preparation, food service and/or kitchen clean-up. FOGs includes used and
outdated cooking oil, vegetable shortening, animal fat, grease from grease
traps, and similar products intended for human consumption in their original
form.
FOG Collection Site: Refers to a permitted site where fats, oils and grease can
be disposed of, usually by commercial haulers.
Food and Food Scraps: Outdated food products and food materials left over
from meals or from food preparation or from agriculture or farming.
Greenwaste: Biodegradable waste that can be comprised of garden, landscaping
or park waste, such
as trees,
branches, trunks,
fronds, flower cuttings
and
hedge trimmings of
any size.
It also includes
untreated wood pallets
and
untreated wood. Sometimes it may be referred to as yard waste.
Greenwaste and Organics Collection Facility: A site designated and permitted
for the acceptance and/or processing/recycling of greenwaste or other organic
materials from sources of household -generated, commercially -generated or
County -generated. A facility may be located at a County of Hawai' i Solid Waste
Division (SWD) Facility or at a private location.
Greenwaste and Organics Disposal Fee: Pursuant to Hawai' i County Code,
Chapter 20, Article 4. Solid Waste Fees, all clean greenwaste and acceptable
organics must be delivered to a permitted County greenwaste and organics
collection facility (see definitions) and the greenwaste disposal fee is set at 25%
of the landfill disposal fee at a facility with scales and 65% of the landfill
disposal fees at a facility without scales.
RFP#2738—ORGANIC DIVERSION -SPECIFICATIONS— Page 5 of 48
Hazardous Waste: By-products of society that can pose a substantial or
potential hazard to human health or the environment when improperly
managed. Possesses at least one of four characteristics (ignitability, corrosivity,
reactivity, or toxicity), or as defined in the State of Hawaii Administrative Rules,
Title 11, Chapter 58.1 Solid Waste Management Control.
Household -Generated: Specifies the source and/or method of delivery of the
greenwaste or organic materials. Household -generated refers to greenwaste or
organic materials from private households, hauled by the individual residents
and in the quantities that are normally generated at a household.
Mulch: Mulch is the result of grinding greenwaste and other organic materials
or chipping the material. It is soil covering used to control weeds or erosion;
retain moisture in soil; and insulate soil which ultimately saves energy and
resources. Organic materials commonly used for mulch include greenwaste or
untreated wood.
Operating Days: Days the County of Hawai' i designated for its Solid Waste
Facilities to be open to the public. Days are published and may be adjusted by
the County as determined to be in the best interest of the County. The current
operating days for the EHCF will be the same as the SHSL; currently open daily
except closed on Thanksgiving, Christmas and New Years Days. The current
operating days for the WHCF will be the same as the WHSL; currently open
daily except closed on Sundays and the holidays of Thanksgiving, Christmas and
New Years.
Organic Materials: A type of material, typically originating from plant or animal
sources, which may be broken down by other living organisms. Waste material
that cannot be broken down by other living organisms may be called non -
biodegradable. Organic materials can be commonly found in municipal solid
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 6 of 48
waste such as greenwaste, food waste, paper waste and biodegradable plastics.
Other organic materials include human waste, manure, biosolids (sewage
sludge) and slaughterhouse waste.
Paper Fiber: May include old newspaper (ONP), old corrugated cardboard
(OCC), office paper, kraft paper, and paper food wrappers. It may also include
food -soiled paper products like napkins, pizza boxes and paper plates.
Solid Waste Facility Permit: State of Hawaii, Department of Health (DOH),
Administrative Rules, Title 11, Chapter 58.1-04, "Solid Waste Management
Control" states that it shall be unlawful for any person to establish, modify, or
operate any solid waste management facility or a part thereof or any extension
or addition hereto without a permit issued by the DOH. Information and
applications are available online at:
http://hawaii.gov/health/environmental/waste/sw/swpermit.html
State of Hawaii, Department of Health (DOH), Office of Solid Waste
Management: The State agency responsible for permitting solid waste facilities
within the State of Hawaii. For more information, visit
httD://hawaii.00v/health/environmental/waste/sw/index.htmi
Slaughterhouse waste: A biodegradable waste that includes animal body parts
cut off in the preparation of carcasses for use as food. This waste can come from
several sources including slaughterhouses, restaurants, stores and farms.
US EPA Regulation 40 CFR Part 503: Federal regulations relating to biosolids.
Visit http://www.epa.gov/OWM/mtb/biosolids/503pe/index.htm for more
information.
West Hawai' i Compost Facility (WHCF): Refers to the location in West Hawai' i,
adjacent to the West Hawai' i Sanitary Landfill that is part of the West Hawai' i
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS— Page 7 of 48
Resource Recovery Facility designated as a greenwaste and organics collection
facility for compost operations.
B. Project Description
The County of Hawai'i intends to divert as much greenwaste and organic
material as possible from the SHSL and the WHSL by offering to residents and
commercial businesses an alternative to landfill disposal of designated organic or
biodegradable waste materials (see — Scope of Services, Designated Organic
Materials). Additionally, the County intends for a Contractor to establish a
compost operation that will convert organic materials into useful soil amendment
materials such as compost or other soil amendments. The Contractor will be
responsible for accepting greenwaste and designated organic materials at the
EHCF and the WHCF, and processing the organic materials into compost or other
amendments, or topsoil, mulch, wood chips or other landscaping products. It is
the County's intent that organic materials be processed into products with
economic value, and that said products are sold by the Contractor, to the
greatest extent feasible, creating a sustainable solution to this portion of the
County's solid waste.
Term of Agreement: A written agreement shall be entered into between the
County and the selected Proposer for a period of ten (10) years beginning with
the Notice to Proceed. This shall be a price agreement and at all times subject to
the availability of funds. The agreement may, at the sole discretion of the
County, be renewed thereafter for two (2) additional periods of up to sixty (60)
months each.
Compost: All compost produced by the Contractor shall be certified by the U. S.
Composting Council as meeting its Seal of Testing Assurance (STA) standards.
All compost product sold by the Contractor(s) shall bear the U. S. Composting
Council's STA certified compost seal. Requirements and information are available
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 8 of 48
online at http://www.compostinqcouncii.org/program . Compost shall be
sold in bulk form or in packages as deemed most appropriate by the Contractor.
The Contractor shall have the right to further process, market, and sell end
product(s). The end product(s) shall become the property of the Contractor.
Contractor may charge fees for end -market products including but not limited to
loading fees. Any and all such fees for services and products shall be published
and the County notified of these fees at least two (2) weeks prior to the
implementation of a new fee or changes in fees. Contractor shall be solely
responsible for billing and collection of any such fees.
The Contractor selected for this organics diversion and compost operation shall
process any greenwaste and designated organic or biodegradable materials in
accordance with the contract price schedule.
THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS,
THE COUNTY, ITS' OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL
CLAIMS, ACTIONS, DEMANDS, SUITS OR OTHER DEMANDS THAT MAY ARISE
FROM, OR IN ANY WAY BE CONNECTED WITH CONTRACTOR'S ACTIVITIES
UNDER THIS AGREEMENT. THIS SPECIFICALLY INCLUDES ATTORNEYS FEES
AND COSTS OF ANY ACTION AGAINST THE COUNTY AS WELL AS PROTECTION
OF THE COUNTY FROM ANY FINES, PENALTIES OR OBLIGATIONS THAT THE
COUNTY MAY BE SUBJECT TO UNDER THE NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM PERMIT PROGRAM OR OTHER LAWS, RULES OR
REGULATIONS.
C. Technology
The proposal must be based upon one or more established and proven
technologies. The Contractor must possess all rights to use or be licensed to use
all proposed technologies. An operating plan must be prepared by the
Contractor and submitted to the Solid Waste Division (SWD) Chief for review and
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 9 of 48
approval. The plan must provide backup systems, description of equipment,
methodologies, and/or facilities for storage, processing, and disposition of
accepted organic materials in the event the primary methodology cannot be used
due to equipment failure or other reasons.
D. Quantities of Greenwaste and Organic Materials
Projected quantities listed in Table 1 — Proposal Price Form for EHCF and Table 2
— Proposal Price Form for WHCF, are estimates only. Proposed operation plans
must be flexible in their ability to accept, process, and dispose of varying and
increasing amounts of organic materials. The quantities of greenwaste diverted
or recycled in West Hawai' i at the Kealakehe Transfer Station were 26,655 tons
in FY2006-2007, 26,609 tons in FY2007-2008, 23,628 tons in FY2008-09 and
28,881 tons in FY2009-10.
The quantities of greenwaste diverted or recycled in East Hawai' i at the Hilo
Transfer Station were 11,238 tons in FY2006-2007, 18,944 tons in FY2007-2008,
13,970 tons in FY2008-09 and 13,018 tons in FY2009-10.
The quantities of FOG's collected at in East Hawaii at the Hilo Transfer Station
were 58 tons in FY2006-2007, 11 tons in FY2007-2008, 11 tons in FY2008-09
and 4 tons in FY2009-10. In West Hawaii at the Kealakehe Transfer Station,
FOGs collected were 264 tons in FY2006-2007, 236 tons in FY2007-2008, 126
tons in FY2008-09 and 215 tons in FY2009-10.
Information about other organic materials that are currently being landfilled may
be found in the most recent Waste Composition Study (September 2008) for
Hawai' i County may be found on the County website at:
http://co.hawaii.hi.us/env mng/swm/iswmp/Appx%20B Waste%20Composition
%20Report 052209.pdf
RFP#2738-ORGANIC DIVERSION —SPECIFICATIONS- Page 10 of 48
Minimum Tonnage Guaranty: The tons of incoming organic materials may
vary. The County will provide a minimum tonnage guaranty to the Contractor
that shall be based on annual tonnage of organic materials received at each site.
The minimums are as follows: EHCF shall be 12,000 annual tons of incoming
organic materials. WHCF shall be 23,000 annual tons of incoming organic
materials.
Contractor will be eligible for an annual lump sum payment if the annual
incoming tons fall below the minimum quantity. To be eligible for payment,
Contractor shall within 60 days after the end of each 12 month period from the
notice to proceed, provide to the County a written report generated by the
Contractor that summarizes the total incoming tons of all organic materials from
the prior 12 month period; based on the documented County scale house weight
records. The report shall include the actual annual incoming organic tons for
that 12 month period compared to the contracted minimum annual tons for the
same 12 month period. Minimum annual tons will be adjusted for any days the
contractor was not operating on one of its regular operating days (see
definitions). If the actual annual tons are below the minimum, the County will
pay the Contractor a lump sum for the prior 12 month period based on the Price
Proposal Form, Item Al or 131 for EHCF, Item Al or 131 for WHCF, unit price per
ton for difference in the tons from the actual to the minimum. Failure by
Contractor to submit the written report as described above shall constitute a final
and irrevocable waiver of the Contractor's right to claim the lump sum payment
for that year. See example:
No maximum quantities will be guaranteed by the County of Hawai'i.
RFP#2738-ORGANIC DIVERSION —SPECIFICATIONS— Page 11 of 48
EHCF
Minimum
EHCF Actual
Contracted
Total Annual
Tonnage
Annual Incoming
Minimum
Tons under
Contracted
Lump Sum
Organic Tons
Annual Tons
Minimum
Price Per Ton
Payment
11,500
12,000
500
20.00
10 000.00
No maximum quantities will be guaranteed by the County of Hawai'i.
RFP#2738-ORGANIC DIVERSION —SPECIFICATIONS— Page 11 of 48
E. Compliance
Contractor's operations shall comply with all applicable current and future County
of Hawai'i, State of Hawai'i, and federal laws, statutes, ordinances, rules and
regulations, and the proposal must factor in all costs of complying with all
current permitting, operational, reporting, clean-up and other requirements.
These may include, but are not limited to, 40 CFR Part 503 which establishes
general requirements, pollutant limits, operational standards, management
practices, monitoring, record keeping, reporting and other requirements with
respect to biosolids. Contractor is solely responsible for all due diligence in
determining and complying with all laws, statutes, ordinances and regulations
relating to the performance of this contract. Contractor will be solely responsible
for payment of any and all administrative, civil or criminal penalties or fines
imposed as a result of or in any way connected with the Contractor's operations
at or sales of products from the EHCF or WHCF.
F. Designated Organic Materials
Mandatory: Upon the Notice to Proceed, Contractor must accept and process at
the SHSL and/or WHSL the following mandatory designated organic materials
(MDOM) from Household -generated, County -generated and Commercially -
generated sources:
1. Greenwaste
2. Untreated wood
One (1) year from the Notice to Proceed, Contractor must begin composting and
accepting the following additional MDOM from Household -generated, County -
generated and Commercially -generated sources:
1. Paper fibers (including food contaminated)
2. Food and food Scraps
3. Biodegradable or compostable plastics
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 12 of 48
Optional: In addition to accepting all the MDOM listed above, the Contractor shall
provide a price for accepting and processing at the SHSL and/or WHSL for the
following optional designated organic materials (ODOM) from Household -
generated, County -generated and Commercially -generated sources:
1. Biosolids
2. Fats, Oils and Grease
County may or may not require the contractor to accept and process all ODOM
listed above depending upon what is in the County's best interest. OFFERORS
WHO DO NOT PROVIDE PRICES FOR ALL MATERIALS (ITEMS A
THROUGH C, as listed in Table 1 and 2 of this RFP) INCLUDING
MANDATORY AND OPTIONAL SHALL BE DISQUALIFIED.
The Contractor shall provide additional services or new services (including
addition/deletion of designated organic materials) upon receiving a written
request from the County within the scope of the original contract and subject to
establishment of an appropriate price for the requested change (unless price is
already set by this contract). If a mutually acceptable price for requested
changes aforementioned cannot be negotiated between the County and
Contractor within a reasonable timeframe, the County shall maintain the right to
solicit other bids for the aforementioned services. County reserves the right to
issue a separate Request for Proposal for the ODOM if they are not awarded
under this Request for Proposal. If ODOM are awarded under this Request for
Proposal, the written request to begin accepting and processing ODOMs shall
allow a minimum of one (1) year from the date of request for Contractor to
prepare for and begin such services.
G. Scope of Work
The Contractor shall provide reports and all necessary equipment, materials and
labor to:
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 13 of 48
1. Receive MDOM and ODOM:
a. Receive vehicles containing MDOM or ODOM and process designated
organic materials at EHCF and the WHCF after the vehicles have been
weighed on the EHSL or WHSL scale weight will be used to assess the
Average Daily Organic Tons and the Minimum Tonnage Guaranty),
from all sources including household -generated, commercially -
generated and County -generated. The Contractor shall not accept
any loads that have not been properly weighed in at County
scales. For a list of MDOM and ODOM see Scope of Services,
Designated Organic Materials.
b. Assure materials will not be accepted that are 1) not on the list of
MDOM and ODOM; 2) hazardous waste; 3) untreated human waste;
and 4) non-organic materials.
c. Thoroughly screen all incoming loads to ensure to the greatest extent
practicable that loads contain only the MDOM and ODOM as defined in
the contract. Contractor shall have adequate personnel to direct and
assist with the drop-off and unloading of materials to minimize
unacceptable materials and to direct the unloaded vehicle back to the
County scale house. Large loads will need to be inspected to avoid
unacceptable materials that may be covered by accepted materials.
Contractor shall notify the SWD Chief in writing about any customer or
contractor who, continues to attempt to unload unacceptable materials
after being advised of what is acceptable. Any customers with a load
of unacceptable materials shall be directed to the scale house for
proper disposal and tipping fees. Exceptions may be allowed upon
written notice from the SWD Chief.
2. Process MDOM and ODOM:
a. Process all MDOM and ODOM into compost, top soil, mulch, wood
chips or other soil amendments or landscaping products (collectively
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 14 of 48
"End Products' in accordance with this RFP, the SWD Chief approved
operations plan and contract specifications.
b. Assure that any MDOM and ODOM are processed in accordance with
this RFP and will not be illegally dumped, landfilled or disposed of at
the transfer stations.
c. Submit a written plan to stay in compliance with the DOH Solid Waste
Management Facility Permit for a Composting Facility to remove end
product(s) from the EHCF and the WHCF and minimize stock piles of
processed materials. The Contractor shall be responsible for all end
products being accounted for and leaving the EHCF and the WHCF and
to maintain compliance with all Department of Health (DOH) permit
requirements including but not limited to materials storage.
3. Provide Reports:
a. Submit a monthly report by the 15th of the following month detailing:
a) quantity of MDOM and ODOM received; b) quantity of End Products
sold or given away materials distributed by type (compost, mulch,
wood chip, etc); c) quantity of materials stockpiled; d) number of days
grinder was in operation; e) substantial equipment breakdowns (in
excess of 24 hours); f) summary of any incidents/accidents; g) DOH or
EPA issues; h) names of employees hired, terminated or promoted;
and, i) customer complaints and how resolved.
b. Submit an annual report by July 20th for the year beginning July 1st
and ending June 30th detailing: a) quantity of each material received;
b) product distribution report; c) accidents; d) incidents including but
not limited to contamination, spills, fires, etc.; e) organization chart &
staffing plan; f) equipment list; g) marketing/sales accomplishments;
and, h) DOH or EPA issues.
4. Maintain Operating Schedule and Staffing:
a. Receive and process MDOM and ODOM and conduct all contracted work
activities during normal operating days and hours at the SHSL for the
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 15 of 48
EHCF and during normal operating days and hours at the WHSL for the
WHCF. Currently the SHSL is open 6:30 a.m. to 4:15 p.m. daily except
Thanksgiving Day, Christmas Day and New Years Day. Currently, the
WHSL is open 7:00 a.m. to 4:15 p.m. Monday through Saturday; closed
on Sundays, Thanksgiving Day, Christmas Day and New Years Day. Both
sites will be closed and secured before and after the normal operating
hours. The Contractor will be notified two (2) weeks in advance of any
changes to the normal operating hours. The County reserves the right, at
its sole discretion, and without additional compensation to Contractor, to
change operating days and/or hours of the sites. Contractor's access to
the sites outside the normal operating days and/or hours shall be limited
to emergencies only. Exceptions may be allowed upon written notice from
the SWD Chief.
b. Staff the site with Contractor's personnel during all normal operating
hours.
5. Provide on-site facilities from which to oversee and manage operations
including room for employee breaks, toilets and drinking water. The SWD
Chief shall approve the proposed facility plan. All facilities must comply
with all applicable permits and code requirements.
6. Provide appropriate site signage displaying the County Logo and name of
the site (i.e., either East Hawaii Compost Facility or West Hawaii Compost
Facility) and including the following: a) operating hours; b) contractor
name and address; c) contact person & phone number; d) accepted and
prohibited materials; e) safety reminders; and, f) any other pertinent
information. All signage shall be approved by the SWD Chief, prior to
being posted. Signage must be neat clean and properly displayed for
maximum visibility at the site. Signage must comply with County or state
sign codes, if applicable.
7. For the benefit of the public, provide a published local telephone number
and respond to public inquiries as soon as possible but no longer than 48
RFP#2738—ORGANIC DIVERSION -SPECIFICATIONS- Page 16 of 48
hours. Also provide a telephone number (either public or private) and
contact person for County personnel that can be reached 24 hours daily.
Contractor shall also provide a website that includes contact information
and relevant information about the operation including but not limited to
hours of operation, locations, types of acceptable organic materials, end -
products sold, etc.
8. Provide ongoing maintenance of work site to ensure orderly and safe
operations.
9. Maintain cleanliness of the site and regularly remove from the site trash
and contaminants sorted from accepted MDOM and ODOM. Contractor
may dispose of trash from normal operations at the landfill and will be
required to pay the normal landfill tipping fee. If the County delivers
materials that have already been subject to the normal landfill tipping fee,
an exception may be granted for these materials on a case-by-case basis
with prior written approval from the SWD Chief. An example may include
residual from accepted mixed organic materials from the Hilo Sort Station
that contains some non-organic materials. Acceptance of MDOM or
ODOM with rubbish, garbage or other like materials is prohibited unless an
exception has been granted as noted above. Contractor shall not dispose
of rubbish or trash resulting or arising from contract operations at any
County Solid Waste Transfer Station.
10. Obtain all required County of Hawai'i, State of Hawaii, and federal permits
and approvals, including a DOH Permit for a Composting Facility, prior to
the start of operations and submit copies to the SWD Chief. In the case
of the DOH Permit, evidence of a properly completed application for
operations must be submitted to the SWD Chief within thirty (30) days
from the Notice of Award; additional time for State of Hawai' i processing
may be permitted. Permit applications and information are available
online at
http://hawaii.goy/health/environmental/waste/sw/swpermit.htmi. The
RFP#2738—ORGANIC DIVERSION -SPECIFICATIONS— Page 17 of 48
Contractor shall provide the SWD Chief with verification that all necessary
licenses and permits have been obtained (e.g., a general excise tax
license, a DOH Permit for each processing or storage site, appropriate
vehicle operators' licenses, etc.) prior to the start of operations. At its
own expense, the Contractor shall be solely responsible for tracking,
obtaining and complying with all current and future licenses and permits
necessary to operate and maintain all facilities associated with this RFP.
In accordance with Hawaii Revised Statutes, Chapter 343 Environmental
Impact Statements, the County shall be responsible for obtaining the
necessary Environmental Assessment for the EHCF and the WHCF.
11. Provide a Site Emergency Action and Evacuation Plan before
commencement of operations. This plan will be required as part of the
DOH Permit application and must be approved by the SWD Chief.
12. Provide a Site Safety and Hazard Mitigation Plan before commencement of
operations. This plan will be required as part of the DOH Permit
application and must be approved by the SWD Chief.
13. Operate in accordance with the SWD Chief approved operations plan
submitted as part of the DOH Permit application. The operations plan
shall be required to provide a separate permanent grinder for each facility.
The operations plan shall include a requirement that equipment
breakdowns be repaired within fourteen (14) days or earlier. Should the
grinder become inoperable the Contractor shall obtain replacement
equipment or subcontract the grinding operation to continue operations at
no additional cost to the County. Prior to beginning subcontracted grinder
services, the Contractor shall obtain pre -approval from the SWD Chief of
any subcontractor that will be operating at the facility. If the Contractor
fails to provide replacement equipment or to have a subcontractor
operating a grinder within fourteen (14) days of equipment breakdown,
the County reserves the right to contract with another vendor and
withhold payment for any materials not processed by the Contractor.
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 18 of 48
Future changes to the approved operations plan must be approved in
writing by the SWD Chief.
14. Ensure that all Contractor personnel have proper training.
15. Ensure that all safety and other facilities and equipment are on site, in
good working order and meet State OSHA and other State regulations .
16. Provide, as needed for the EHCF and the WHCF, at the sole expense of
the Contractor, all utility services including but not limited to
electric, water and gas.
17. Provide on-site covered area to accommodate composting
education/training sessions for groups up to 30 people. Groups may
include school-age children, adults or any other community groups or
visitors. Temporary tents and portable chairs will be acceptable and it
shall be the responsibility of the Contractor to obtain any required
permits. The County shall provide the trainers and educators and
coordinate the sessions and contractor shall assist with tours of the
facility. Contractor shall be notified 48 hours in advance prior to
scheduling education/training sessions.
18. To use the last ninety (90) days of the final contract period to demobilize
and clean the facility. All equipment, structures, and facilities not existing
on the EHCF and/or the WHCF site at the beginning of the contract period
shall be removed by the Contractor, unless otherwise agreed by County in
writing. All organic materials existing on the sites at the beginning of the
contract period and all MDOM and ODOM accepted by the Contractor shall
be processed and distributed in accordance with the operations plan. The
site shall be graded to the approximate contours existing at the beginning
of the contract period, or other mutually agreed upon contours. All trash
shall be removed from the sites and disposed of in accordance with
contract provisions.
H. Measurement, Invoicing & Payment
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 19 of 48
All work performed by the Contractor shall be compensated as follows:
1. County shall pay the Contractor on a unit price per ton based on the
Proposal Price Form, for all incoming MDOM and ODOM at the EHCF and
WHCF that is properly weighed in (i.e., gross weight less tare weight) and
accepted by the Contractor. The weight shall be based on County scale
house documentation. Payment shall be based on the average daily
organic tons (see definitions) for each month. If accepted at the
facility, all Commercially -Generated organic materials (even though they
may not need processing) will be properly weighed and subject to the
Greenwaste and Organic Disposal Fees (see definitions); unless, waived in
accordance with HCC §20-46(e).
2. The Contractor shall submit monthly invoices and monthly reports to the
Solid Waste Division, Department of Environmental Management. Each
invoice shall be accompanied by a copy of the scale house report for each
load billed on the invoice and the monthly operating report as specified.
Each invoice must show the total tons received by the Contractor for that
monthly invoice by type of MDOM and ODOM as specified in the Proposal
Price Form.
3. The County of Hawai'i reserves the right to inspect the Contractor's
activities, records and site conditions at any time during normal hours of
operation to ensure compliance with contract provisions.
4. If Contractor fails to maintain compliance with the DOH Permit
requirements, the County reserves the right to hire a separate contractor
to accept, process and distribute MDOM and ODOM until such time as the
Contractor is able to maintain compliance. This may be the result of
sustained equipment breakdowns, staff shortages or other similar types of
situations.
5. All the costs associated with a temporary contract to accept and process
MDOM and ODOM and distribute End Products in compliance with DOH
Permit(s) shall be the responsibility of the Contractor to pay and such fees
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 20 of 48
may be deducted from future invoices. Contractor agrees that the County
may, at its sole discretion, withhold payments corresponding to any period
of time of Contractor's noncompliance with DOH Permit(s), other
governmental regulations, or Operations Plans under this Contract, until
such time that Contractor returns into compliance to the County's
reasonable satisfaction, including full payment of any fines, penalties,
damages or other financial obligations arising out of or connected with
said noncompliance. Contractor agrees that the County may use any such
payments withheld to pay any fines, penalties, damages or other financial
obligations arising out of said noncompliance, for which the County may
be liable in whole or in part, and Contractor shall have no further claim
against the County for withheld payments so used.
I. County Provided Services
During the course of the contract, the County shall:
1. Require weighing of all vehicles with incoming waste loads at the County
Landfill scale house. The scale house attendant will direct the driver of
the vehicle containing loads of MDOM and/or ODOM to the EHCF and the
WHCF. After they have unloaded their materials at the facility, each
customer will be required by the Contractor to return to the scale house to
record the MDOM and/or ODOM weight. Customers who fail to return to
the scale house may be charged the total weight (including vehicle and
load). When the Greenwaste and Organic Disposal Fee Ordinance (see
definitions) is implemented, customers will be required to pay the disposal
fee of 25% of the landfill tip fee or as otherwise designated by ordinance.
2. Provide the Contractor monthly reports from the EHSL and WHSL scale
house records as they relate to the properly weighed loads directed to the
EHCF and the WHCF.
3. For the WHCF, make available for Contractor's use during normal
operation hours a site at the WHSL that is cleared and grubbed, has
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 21 of 48
surrounding fencing, and has electrical and water lines specifically for use
by emergency fire personnel; referred to as the West Hawai' i Compost
Facility or WHCF. See Attachment A — General Site Plan for the West
Hawaii Resource Recovery Infrastructure. For more information or to
arrange a site visit, contact Gregory Goodale, SWD Chief, 108 Railroad
Avenue, Hilo, HI 96720 or call 808-961-8515 or email
ggoodale@co.hawaii.hi.us. Proposers shall review the site plans and
become familiar with existing conditions. Any improvements shall be
detailed in the operations plan and be at the sole expense of the
Contractor. All utility services including but not limited to electric,
water and gas shall be at the sole expense of the Contractor.
4. For the EHCF make available for contractors use during normal operation
hours a site adjacent to the SHSL, cleared and grubbed. See Attachment B
— East Hawaii Compost Facility Site. For more information or to arrange a
site visit, contact Gregory Goodale, SWD Chief, 108 Railroad Avenue, Hilo,
HI 96720 or call 808-961-8515 or email ggoodale@co.hawaii.hi.us.
Proposers shall review the site plans and become familiar with existing
conditions. Any improvements shall be detailed in the Facility and
Operations Plan and be at the sole expense of the Contractor. All utility
services including but not limited to electric, water and gas shall
be at the sole expense of the Contractor.
5. Compensate Contractor in accordance the Price Proposal Form for
diverting MDOM and ODOM from household -generated, commercially -
generated or County -generated sources. At a future date, MDOM and
ODOM may be expanded to include other organic materials. The accepted
MDOM and ODOM must be processed into acceptable end product(s), in
accordance with the contract price schedule.
6. In accordance with Hawaii Revised Statutes, Chapter 343 Environmental
Impact Statements, the County shall be responsible for obtaining the
necessary Environmental Assessment for the EHCF and the WHCF.
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 22 of 48
J. Insurance
The Contractor will be required to provide proof of insurance coverage naming
the County of Hawai' i as additional insured, for the duration of the agreement,
in the following levels of coverage and amounts:
1. Automobile Liability Insurance, with minimum limits of not less than Five
Hundred Thousand Dollars ($500,000) for bodily injury or death per
person and not less than One Hundred Thousand Dollars ($100,000) per
occurrence for property damage (Combined Single Limit Acceptable).
2. General Liability Insurance, with minimum limits of not less than One
Million Dollars ($1,000,000) for bodily injury or death per person and not
less than One Hundred Thousand Dollars ($100,000) per occurrence for
property damage (Combined Single Limit Acceptable).
3. Workers Compensation Insurance in compliance with the minimum
requirements for coverage.
4. Contractor shall provide to the County the insurance deductible amounts
for its policies and Contractor shall have sole responsibility for any portion
of any deductible payment amounts.
5. Contractor shall not reduce coverage, terminate, or otherwise alter the
insurance without 60 days prior written notice to and written approval of
the County. Contractor should send a copy of the insurance policy after
receiving same from insurance company."
III. INSTRUCTIONS TO PROPOSERS
A. Time Schedule
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS— Page 23 of 48
The following schedule consists of major events leading up to the selection of
the Contractor(s):
1. June 6, 2011: Date of posting on State of Hawaii -Procurement Notice
System (PNS).
2. June 21, 2011: Deadline to submit written questions or request for
clarification. All answers (if any necessary) will be provided to all
interested parties in the form of an addendum to these specifications as
soon as possible thereafter
3. July 6, 2011: Deadline for receipt of proposals.
4. Award will be made, if acceptable response received, as soon as possible
after the proposal deadline.
B. Ambiguity, Conflict, Discrepancies, Omissions or Other Errors in the
Request for Proposals
Any interested party who discovers any ambiguity, conflict, discrepancy,
omission or other error in the Request for Proposals shall notify the following in
wftbg on or before June 21, 2011:
Ms. Linda Peters, Recycling Coordinator
Solid Waste Division
Department of Environmental Management
108 Railroad Avenue
Hilo, Hawaii 96720
Email: 1petersCa)co.hawaii.hi.us
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 24 of 48
Modifications or clarification will be made by issuing an addendum and will be
given by written notice to all parties who have been furnished the REQUEST FOR
PROPOSALS, without divulging the source of the request.
If any proposer fails to notify the County prior to the date and time fixed for
submission of proposals of an ambiguity, conflict, discrepancy, omission or other
error in the REQUEST FOR PROPOSALS known to him, he shall submit the
proposal at his own risk; and if he is selected by the County, he shall not be
entitled to additional compensation or time by reason of the ambiguity, conflict,
discrepancy, omission or other error or its later correction. The County may also
modify the REQUEST FOR PROPOSALS prior to the date and time fixed for
submission of proposals by issuance of an addendum to all parties who have
received the REQUEST FOR PROPOSALS, or may issue addenda after
negotiations have begun with all proposers whose proposals remain under
consideration. All addenda will be numbered consecutively beginning with the
number "1." It shall be the responsibility of the proposer to assure all addenda
have been received at all times prior to the opening date and time.
C. Interpretation of Provisions
Notwithstanding any other provisions, if there is any doubt as to the
interpretation of any of the provisions herein, the proposer shall submit an
inquiry in writing as in Section B above.
An addendum will be issued as indicated above. Any question regarding the
interpretation of any provision after proposals have been opened and/or a
contract awarded will be subject to a ruling of the Director of Finance, County of
Hawaii, whose decision will be final. In addition, the parties hereto. agree that
the Director shall have the sole power to decide and resolve matters which may
arise in the future and which are not covered in this proposal.
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS— Page 25 of 48
Proposer's failure to notify the County of any question regarding any
interpretation, ambiguity, conflict, discrepancy, omission or other error in the
RFP or Contract prior to award shall result in such interpretation, ambiguity,
conflict, discrepancy, omission or other error being construed against the
Proposer and in favor of the County.
IV. REQUIREMENTS AND PROCEDURES
A. In responding to the "REQUEST FOR PROPOSALS" the following shall be included
as a minimum:
1. Minimum Qualifications:
a. The qualifications of proposer's firm to undertake the scope of work
as specified herein.
b. Minimum of three (3) years experience of successfully using the
proposed technology or method to divert and recycle greenwaste
and other organic materials. Said experience using proposed
technology need not have involved disposal of every type of
organic materials required for performance of this Contract.
2. Proposal Contents: The required format and contents of the proposal
shall include but not be limited to the following:
a. Proposal: Each Proposal for each location should include sufficient
information to enable the Department to evaluate the capability of
the proposer to provide the desired services.
1) Facility Design and Operations Plan (Eligible for up to
25 points)
RFP#2738—ORGANIC DIVERSION -SPECIFICATIONS- Page 26 of 48
The Proposer shall present a detailed written plan that will
be submitted with the DOH Permit for Compost Operations.
This Plan shall include the following components:
• Site Analysis. Submit a site analysis that includes at
minimum the following; location and operations of all
structures including receiving, storage and processing,
composting, curing, screening areas on the site (listing
storage and processing capacities for each material type
received), offices, staff facilities, bathrooms, source and
location of utilities (electricity, water, gas), visitor
education/training area and facilities, maintenance areas,
planned areas for expansion, and property boundaries.
Discuss adequacy of the land available for the proposed
activity, including turnaround areas for vehicular traffic,
fire breaks, and ability to turn compost piles.
• Facility Design and Operations Plan. Submit a written
operation plan for the facility that includes at a minimum
the following;
a) Identification and qualifications of the individuals in
charge of the facility operations.
b) A general description of the facility. The description
should discuss type of composting facility, and size of
facility in terms of overall throughput and detention times
for handling and processing the material. Include
contingency plans in the event of equipment failure,
inability to dispose of or distribute the processed material
and regular maintenance requirements.
c) Description of the sources and the quality of each type
of solid waste to be collected, stored, and composted;
and expected volumes/tonnages on a monthly and yearly
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 27 of 48
basis. Describe the method of collection and
transportation of solid waste to the facility. Identify any
tests and screening methods that will be utilized to
determine that the material is acceptable for composting.
Describe any voucher/transaction system used to provide
a record of solid waste transactions as it applies to your
operation.
d) Description of the operation procedures involved.
Provide a step-by-step description of the process from
receipt of waste through processing and composting,
through screening and marketing. Include a process flow
diagram detailing this process, containing equipment
identification numbers. Specify storage and processing
capacities for each type of waste accepted;
grinding/processing frequency; feedstock mix ratios;
composting method; duration of active composting and
curing periods; when sampling, testing and temperature
monitoring will occur; decision points where composted
material is rejected or determined stable for use as
finished compost; and the management of any residuals
or rejected material
e) Description of the type and number of equipment to
be used at the facility and describe how the equipment
will be used in the operation of the facility. Include the
manufacturer's performance data for each process
equipment unit, fixed or mobile, including: type of device
(loader, grinder, turner, screener, etc.), process flow
diagram number, material process (type of material,
amount, end product, residual), and design rated
capacity.
RFP*2738NORGANIC DIVERSION NSPECIFICATIONSN Page 28 of 48
f) Description of area required (storage capacity) for
unprocessed material, ground/chipped material and
finished product storage. Provide calculations for the
number of composting piles (windrows or static piles,
etc.) needed for active composting and curing,
dimensions of the windrow and composting/curing area
needed.
g) Temperature monitoring and testing procedures plan.
Specify monitoring, sampling and testing procedures to
ensure pathogen reduction criteria are met. Discuss
temperature monitoring locations (please refer to HAR
11-58.1-41 for specific requirements), sample collection
methods and locations, test methods, frequency of
temperature monitoring and sample collection/testing,
and submission of data to the department. Temperature
monitoring must occur, at a minimum, on a daily basis.
If sewage sludge is to be composted, demonstrate how
the requirements of 40 CFR Part 503 will be met.
h) Description of the quality and ultimate use for the
finished compost. The finished compost shall be
nonpathogenic, free of offensive odors, biologically and
chemically stable and free of injurious components or
particles and capable of sustaining plant growth. Discuss
how rejects from incoming waste and the composting
process will be managed and/or disposed. Discuss the
ultimate use for the finished compost, method of removal
from the facility, and disposal of the compost if it cannot
be used.
i) Discussion of all environmental controls. The
discussion should include facility design and operations
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 29 of 48
procedures to be used to prevent contamination of soil,
groundwater and surface waters (including description of
ground surfacing); and response procedures in the event
of an unplanned release of contaminant into the
environment. The waste storage area and active
composting, curing and compost storage areas must be
located on surfaces capable of minimizing leachate
release in the groundwater and surrounding land surface.
Discuss how leachate will be collected and managed.
j) Description of the facility's drainage system to prevent
standing water and to control "run-on" and "run-off" of
rainwater. If a storm water detention area is
constructed, explain the design parameters of the system
and whether collected water will be used in the
composting operation.
k) Discussion of the design methods and operation
procedures to minimize and control vectors, odors, litter,
dust and other nuisances. The facility shall maintain a
neat and orderly appearance and design elements must
be included to screen and buffer the operations to
minimize nuisances to neighboring properties.
1) A fire prevention and response plan to mitigate fire
hazards (i.e. design and operational controls such as fire
breaks, frequent windrow turning, and temperature
monitoring) and detail responses should a fire occur (i.e.
fire control devices, access to fire department personnel
and equipment).
m) The design for access control and fencing. Describe
measures, such as fencing, gates or natural barriers to
restrict and control public access to the facility) A copy of
RFP#2738-ORGANIC DIVERSION —SPECIFICATIONS- Page 30 of 48
a posted sign that displays owner or operator of the
facility and a contact in case of emergency. The sign
shall clearly state which wastes are or are not acceptable
at the site.
n) Discussion of the types of operational records to be
maintained. At a minimum, operation records shall be
maintained and shall include a daily log of the volume or
weight of each type of materials received, rejected,
processed and finished End Product distributed; date
windrow created and turned; temperature and analytical
data; active composting and curing duration; and the
final destination of rejected waste and compost, and
finished compost.
2) Experience (Eligible for up to 25 points)
The Proposer shall present a detailed summary of their
experience that shall include:
a) Demonstration of minimum three (3) years experience
with the proposed technology or method to receive and
process greenwaste and other organic materials.
b) The Proposer must have a capable and experienced
staff which it intends to commit to the project. The
Proposer shall submit with the proposal a list of key staff
members available for the project, including their
resumes and a list of projects in which they have
participated. If any key staff member to be committed to
this project is a Certified Composting Program Manager
per the U. S. Composting Council and the Solid Waste
Association of North America, such qualification should
be noted in the resume.
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 31 of 48
c) A listing of at least two similar organics diversion
projects that includes composting of greenwaste, food
and paper under taken within the past ten (10) years and
references for those projects. The listing of clients must
include at least three references of persons in authority
who were or are substantively involved in overseeing or
managing the proposer's work and/or another business
or professional relationship, and must include the
following: Name of client (Company or other entity).
Address of client, Telephone number of client, Name of
principal contact person, E-mail address of principal
contact person. Provide a detailed narrative describing
similar projects in which the company has been involved
as the primary Contractor or owner. The narrative shall
describe successes, problems encountered (such as
odors, fires, or complaints from neighbors), solutions
applied, and positive and negative outcomes. It should
include all enforcement or compliance actions by
regulatory agencies and lessons learned and their
application to this County of Hawaii contract.
3) Customer Service Plan (Eligible for up to 15 points)
The Proposer shall present a detailed written plan of its
Customer Service plan and polices that include:
a) Customer service procedure for providing friendly,
professional customer service at the facility for customers
delivering MDOM and ODOM and for customers acquiring
End Products.
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 32 of 48
b) Customer service procedure for handling customer
calls, inquiries and complaints — must be responded to as
soon as possible and within no more than 48 hours.
c) Customer service training procedures and program for
new and existing employees.
d) Reporting procedures to the County and State that
include mandatory 24 hour written reporting to the
County of all accidents or incidents.
e) Plan for providing customer recorded messages during
and after normal business hours.
f) Plan for providing a website for inquiries and
information about the facility.
4) Safety and Accident Prevention Plan (Eligible for up
to 10 points)
The Contractor shall present a comprehensive written plan
for Safety and Accident Prevention. The plan shall describe
in specific terms:
a) Contractors' safety program, safety policies and safety
training. Describe any type of incentives or safety award
programs.
b) Contractors' accident prevention and accident review
policies. How are these documented and reviewed.
c) Provide statement indicating if Contractor has had a
NIOSH inspection at any other greenwaste, mulching or
compost operations within the past three years. If there
has been a HIOSH inspection, provide a detailed
summary of the findings.
d) History of last three years of accidents or employee
injuries and outcomes from investigations.
RFP#2738-ORGANIC DIVERSION ,SPECIFICATIONS- Page 33 of 48
5) Marketing and Distribution Plan (Eligible for up to 10
points)
The Contractor shall present a comprehensive written plan
for the marketing and distribution of End Product(s). The
plan shall describe in specific terms:
a) Describe the types of End Products to be produced by
the Contractor.
b) Describe the target markets for End Products.
c) Describe how and where the End Products will be
marketed.
d) Describe the distribution plan of End Products from
the EHCF and/or WHCF.
e) Signage to be created and placed at the EHCF and/or
WHCF, educating public to where and how organic
materials are to be processed, the requirements of
County scale tickets, any pertinent loading fees, hours
of operations, company contact phone number,
materials accepted and any other relevant
information.
f) Newspaper, radio and other advertising in the local
area to inform the Public, Businesses and Commercial
haulers of the organic diversion program and compost
operation.
g) An annual budget including projected revenue from
sales of products and operating expenses.
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 34 of 48
b. Cost of Services: The Proposer shall complete and submit the
attached Proposal Price Form for each location (Table 1 and Table
2) with the proposal (Eligible for up to 15 points).
Estimated annual quantities of organic materials are shown on the
Proposal Price Form. Additional information about the County's
waste stream is available in the 2009 Integrated Resources and
Solid Waste Management Plan (IRSMP) available online at
http://co.hawaii.hi.us/env mng/iswmp.htm. The most recent
Waste Composition Study (September 2008) for Hawai' i County
may be found on the County website at:
http://co.hawaii.hi.us/env mng/swm/iswmp/Appx%20B Waste%2
OComp6sition%2OReport 052209.pdf
The County reserves the right to process MDOM and/or ODOM and
any other organic materials at any of its transfer stations, other
solid waste facilities or independent private operations outside of
this contract. Nothing in this Request for Proposal or subsequent
award of a contract shall imply any limitations or restrictions on the
County's ability to dispose of or process MDOM and/or ODOM or
other organic materials outside of this contract.
Information provided by the County regarding the MDOM and
ODOM is for the Contractor's general information only, and is not a
material representation or warranty of continuing volume, type, or
quality of the MDOM and ODOM that will be available in the future.
Should the MDOM and/or ODOM actually available for processing
under this contract vary from the information provided by the
County before award, Contractor agrees that any such variation
shall not be the basis for any claims against the County under this
RFP#2738—ORGANIC DIVERSION -SPECIFICATIONS- Page 35 of 48
Contract, or in any way related to this Contract and its
performance. Nor shall any variation from the MDOM and/or
ODOM information provided by the County operate as the basis for
any claim for additional compensation under this Contract, unless
expressly agreed to in writing by the County, at the sole discretion
of the County.
All prices shall include all applicable taxes, postage, freight,
transportation and any actual or implied expense and shall be
based on F.O.B. place of destination, the WHCF or EHCF, as
applicable.
C. Signature/Letter of Transmittal: The proposal shall be
accompanied by a letter of transmittal which should include as a
minimum, the name of the individual designated as the authorized
representative of the firm and a summary of key points of the
proposal. The letter should be signed by an authorized individual.
If the Proposer is a corporation, the legal name should appear on
the letter and the letter should be signed by an officer or officers
authorized by the corporation. If the Proposer is a partnership, the
true name of the firm is required on the letter, and the letter
should be signed by a partner or partners authorized to sign such
documents. If an agent is used, a power of attorney or equivalent
must accompany the proposal. The name and title of the individual
signing must be typed below the signature. A company signature
is not acceptable.
B. Submission of Proposal. The proposal should be submitted as follows:
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 36 of 48
1. Number of copies: One (1) original and three (3) copies of the proposal,
typed, and double spaced.
2. Proposal Preparation Cost: Cost for developing the proposals are entirely
the responsibility of the Proposer and shall not be charged to the County.
3. Submission Address: The proposal, along with any required submittals
and transmittal letter, shall be submitted NO LATER THAN 4:30 PM,
July 6, 2011:
Nancy Crawford, Director of Finance
County of Hawai'i
25 Aupuni Street
Suite 1101
Hilo, Hawai'i 96720
Proposals should be mailed or delivered in person to the above address, in either
the envelope provided with this proposal or packaging of Proposer's preference,
provided that the Request for Proposals number, name, and Proposer's name is
clearly printed on the outside.
All proposals received will be time -stamped and deposited in the locked bid box
of the Purchasing Division until the deadline. Proposals that are mailed in must
arrive in the Purchasing Division before the time deadline; proposals received
after the deadline will be returned unopened to the sender.
The Proposer shall be solely responsible for the timely arrival of its proposal.
Proposals will not be publicly opened, nor will the names of the individuals or
firms who have submitted proposals be made public, until such time as an award
is made or all proposals rejected. After award, all proposals shall be public
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 37 of 48
information except proposal sections containing proprietary information or other
information not appropriate for public perusal which shall be sealed by the
Proposer in a separate envelope marked "PROPRIETARY INFORMATION." Such
sections and information shall be kept confidential subject to the provisions of
HAR §3-122-58.
V. INDEMNITY
The Proposer shall conduct its activities as not to endanger any person; and shall
indemnify, save and hold harmless the County and all of its officers, agents, and
employees, from any and all claims for losses, injuries, damages, and liabilities to
persons or property occasioned wholly or in part by acts or omissions of the
Proposer, its agents, officers, employees, or any persons under the control of the
Proposer. Proposals that do not provide indemnification to the County as
required by this section shall not be considered.
VI. WITHDRAWAL OF PROPOSALS
A Proposer may withdraw his proposal by submitting a written request to the
Director of Finance any time prior to proposal deadline.
VII. REJECTION OF PROPOSALS
The Director of Finance reserves the right to accept or reject any or all proposals
and to waive any defects in said REQUEST FOR PROPOSALS if deemed to be in
the best interest of the County, subject to HRS Chapter 103D and its
implementing administrative rules.
VIII. CONTACT FOR INFORMATION
If the Proposer requires additional information from the County, arrangements
shall be made through Ms. Linda Peters, Recycling Coordinator, Solid Waste
Division, Department of Environmental Management, 108 Railroad Avenue, Hilo,
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 38 of 48
Hawai'i 96720; telephone number: (808) 961-8942 or email
Ipeters@co.hawaii.hi.us.
However, all proposers are cautioned that no verbal information may be
considered in
providing a
proposal.
Only written addenda in response to written
questions or
comments
will
be considered as alteration to this request for
proposal.
IX. EVALUATION AND SELECTION
The County intends to evaluate proposals separately for each location (EHCF &
WHCF) with a total maximum possible point score of 100 per location based on
the evaluation criteria. However, the County intends to award the contract for
both locations, the EHCF and the WHCF to a single contractor; based on who has
the highest total combined point score for both locations (maximum of 200
points). Therefore, each proposal should contain the Proposer's best terms from
a cost and performance standpoint.
Only those proposals that substantially meet all of the terms, conditions, and
requirements specified in this RFP, which are submitted by responsible offerors
and are found acceptable or potentially acceptable, shall be considered. The
offerors of these proposals will become priority listed offerors. All other
proposals shall be considered to be non-responsive and shall be eliminated from
the evaluation and selection process. If numerous acceptable and potentially
acceptable offers have been submitted, the evaluation committee may rank the
proposals and limit the priority list to at least three (3) responsible offerors who
submitted the highest -ranked proposals.
Entirely at the County's option, oral or written discussions may be conducted
with any priority listed offeror concerning clarification of the technical and cost
aspects of the Proposer's proposal. Priority listed offerors shall be accorded fair
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS— Page 39 of 48
and equal treatment regarding any opportunity for discussions and revisions of
proposals.
Entirely at the County's option, Proposers who submit proposals that qualify for
evaluation and selection may be afforded the opportunity to revise their
proposals, including compensation, so as to present their best and final offers;
provided no Proposer's proposal or information regarding the negotiation with
the County shall be public information or shared with any other Proposer until
after an award is made.
Evaluation will be conducted by persons selected in writing by the Director of
Environmental Management. The Department contract administrator shall serve
as a member of the evaluation committee, and she or a designee shall serve as
chairperson. Evaluators will be asked to participate in this process based on
their individual expertise, familiarity with processing organic materials (e.g.,
greenwaste, food, paper fiber, biosolids) into End Products (e.g., compost) or
who are otherwise found by the Director of Environmental Management to have
sufficient qualifications or knowledge. The evaluation committee shall review the
proposals and submit a recommendation to the Director of Environmental
Management.
In evaluating proposals, any pages marked "PROPRIETARY," "CONFIDENTIAL,"
or otherwise clearly intended not to be made public will be considered, but may
be subject to public disclosure if required under the determination and appeals
processes stated in HAR 3-122-58.
All written proposals shall be reviewed to ensure compliance with these
specifications. Any proposal without sufficient information or documentation
shall be deemed unresponsive and will not be considered. It is understood and
agreed that the Director of Environmental Management reserves the right to
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 40 of 48
accept or reject any proposal and waive all defects and informalities as may be
deemed best for the interest of the County of Hawai' i.
All responsive proposals will be reviewed by the evaluation committee,
determined by the Director of Environmental Management. From all responsive
proposals, the evaluation committee shall select a list of priority -listed offerors to
enter into further discussions as to the exact scope of services and the nature of
what is required for the project. Based on these discussions, the Director of
Environmental Management may amend the RFP, including but not limited to the
Proposal Requirements and/or the Proposal Evaluation Criteria. The RFP shall be
amended by addendum to incorporate any such clarification or change. Such
addenda shall be distributed only to priority -listed offerors, who shall be
permitted to submit new proposals or to amend those submitted. The priority -
listed offerors shall submit a best and final offer to the County at a time and
place determined by the Director of Environmental Management. The evaluation
committee will then rate the best and final offers based on either the original
proposal evaluation criteria or as may have been modified by the Director of
Environmental Management after clarification of the nature and scope of services
of the project and issuance of an addendum changing any evaluation criteria
prior to the deadline for best and final offers. The evaluation process shall be
subject to HAR § 3-122-52 through 3-122-57.
Discussions may be conducted with priority -listed offerors pursuant to section 3-
122-53, HAR, but proposals may also be accepted without discussions.
X. AWARD OF THE PROJECT
Award of the contract, if any, shall be made to the priority -listed offeror with the
highest combined evaluation point score (maximum of 200 points) of the
evaluation committee for both locations, and determined in writing to provide the
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 41 of 48
best value to the County taking into consideration price and the evaluation
criteria in the request for proposal (RFP), based on the initial offer, or, if
requested, submissions of the best and final offers from the priority -listed
offerors. In making the award, if any, the Director of Environmental
Management will consider the recommendation of the evaluation committee and
availability of funds. The County may also reject all proposals and re -advertise
the Request for Proposals.
XI. TIME OF AGREEMENT
A written agreement shall be entered into between the County and the selected
Proposer for a period of ten (10) years beginning with the Notice to Proceed.
This shall be a price agreement and at all times subject to the availability of
funds. The agreement may, at the sole discretion of the County, be renewed
thereafter for two (2) additional periods of up to sixty (60) months each.
Agreement renewals shall be subject to the availability and appropriation of
funds by the County Council. If at any time there is a significant change in law
that may affect either prices or other terms of the agreement, the County and
the Contractor may negotiate such items as necessary.
XII. TERMS OF THE CONTRACT
The terms and conditions shall be set forth in the award. If the terms are not
agreeable to the successful Proposer and if no agreement can be reached by
both parties, the award may be dissolved without penalty to either party.
XIII. ANNUAL PRICE ADJUSTMENTS
Beginning January 1, 2013, or the first January after the completion of at least
10 months from the Notice to Proceed and each January 1 thereafter, prices shall
be adjusted by the percentage change in the Consumer Price Index — Urban,
Honolulu Metro Area (CPI) for the preceding twelve months. The CPI utilized
RFP#2738NORGANIC DIVERSION vSPECIFICATIONS- Page 42 of 48
shall be for the twelve-month period immediately preceding each annual
adjustment date. Adjusted prices shall be the product of the then -current prices
and the modifier shall be correct to the nearest whole cent ($0.01). The
Consumer Price Index used herein shall be the second half index for all urban
Consumers (for all items, Honolulu, Hawaii) - published by the U.S. Department
of Labor, Bureau of Labor Statistics www.bls.gov/cpi. CPI increases and
decreases in excess of 5% per year are subject to documentation of actual
increases or decreases in cost for the prior 12 month period.
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 43 of 48
Evaluation Criteria
Maximum
(Evaluated on each location separately)
Points
Facility Design and Operations Plan:
25
Quality of operational procedures, facility design & equipment.
Incorporating best equipment & proven technology. Compost
related temperature monitoring and testing procedures.
Environmental controls and plans to minimize and control vectors,
odors litter, dust and other nuisances.
Experience:
25
Demonstrate a minimum of three (3) years experience successfully
using proposed technologies or methods to receive and process
MDOM and/or ODOM into End Products. Qualifications of individuals
in char a of the facility operations.
Customer Service Plan:
15
Established procedures, training and management to assure
customer satisfaction and timely responses to incidents & issues.
Plans for communication hone website etc).
Safety & Accident Prevention Plan:
10
Comprehensive & detailed Safety policies = up to 3 points
Comprehensive safety training & incentive program = up to 3 points
Accident Prevention and accident review policies = up to 2 points
Satisfactory safety history = up to 2 points
Marketing and Distribution Plan:
10
Quality and use for the End Products including plans for their sale
and distribution. Includes plans for advertising, signage, etc.
Cost of Service:
15
Proposal with the lowest cost shall receive the maximum points
(15). Each proposal that has a higher cost than the lowest shall
have a lower rating for the cost. The point allocated to the higher -
priced proposals shall be equal to the lowest proposal price
multiplied by the maximum points available for the price divided by
the higher proposal price in accordance with Chapter 3-122 of the
Hawaii Administrative Rules.
Maximum Total Points
100
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 44 of 48
Bidder Instructions: Offerors must submit proposals for both locations
(Table 1 and Table 2) and prices for all organic materials. Offerors who do
not provide proposals for both locations and/or provide prices for all organic
materials shall be disqualified. Submit prices on the Price Proposal Form for:
1) East Hawaii Compost Facility (EHCF) only — Table 1; Items A through D.
A) Items #A1 through #A4 requires a Unit Price (per ton) for Greenwaste
(including untreated wood). Acceptance of these materials is mandatory and
will be required upon notice to proceed or year one (1) of the contract. Unit
Price (per ton) is required based on estimated annual tonnage. Item #A1 is
based on an estimate of 12,000 annual tons; #A2 is based on an estimate of
14,000 annual tons; #A3 is based on an estimate of 16,000 annual tons and
#A4 is based on estimate of 18,000 annual tons. Item #A5 is the Total
Annual Price (Unit Price times Estimated Annual Tonnage). Item #A6 is the
Average Annual Price (Item#A5 divided by 4).
B) Items #131 through #B4 requires a Unit Price (per ton) for Greenwaste,
food, paper fibers & compostable plastics. Acceptance of these materials is
mandatory and will be required within one (1) year from the notice to
proceed or years two (2) through years ten (10). Item #131 is based on an
estimate of 20,000 annual tons; #132 is based on an estimate of 22,000
annual tons; #133 is based on an estimate of 24,000 annualtons and #134 is
based on an estimate of 26,000 annual tons. Item #135 is the Total Annual
Price (Unit Price times Estimated Annual Tonnage). Item #136 is the
Average Annual Price (Item#B5 divided by 4).
C) Item #C1 requires a Unit Price (per ton) for biosolids based on an estimate
of 1,000 annual tons and for FOGs based on an estimate of 100 annual tons.
It is soley the County's option to determine if biosolids and FOGs will be
accepted and there is no minimum tonnage guaranty. A minimum of one (1)
year advance notice to the contractor will be provided. Item #C2 is the
Total Annual Price (Unit Price times Estimated Annual Tonnage). The
maximum allowable Unit Price (per ton) that can be entered for Item #C1
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 45 of 48
is $170.00. ,Proposals that exceed this maximum Unit Price shall be
disqualified.
D) Items #D1 through D4 will determine the 10 Year Cost, assuming annual
quantities remain the same. Lowest cost proposal (eligible for up to 15 points
for the cost portion of the evaluation) will be determined by #D4, the Total
10 Year Cost (Adding items #D1 through #D3).
E) The estimated annual tons are provided only for evaluation purposes and do
not represent a minimum tonnage guaranty. Please see section of RFP
"Minimum Tonnage Guaranty".
2) West Hawaii Compost Facility (WHCF) only — Table 2; Items A through D,
A) Items #A1 through #A4 requires a Unit Price (per ton) for Greenwaste
(including untreated wood). Acceptance of these materials is mandatory and
will be required upon notice to proceed or year one (1) of the contract. Unit
Price (per ton) is required based on estimated annual tonnage. Item #A1
is based on an estimate of 23,000 annual tons; #A2 is based on an estimate
of 25,000 annual tons; #A3 is based on an estimate of 27,000 annual tons
and #A4 is based on estimate of 29,000 annual tons. Item #A5 is the Total
Annual Price (Unit Price times Estimated Annual Tonnage). Item #A6 is the
Average Annual Price (Item#A5 divided by 4).
B) Items #131 through #134 requires a Unit Price (per ton) for Greenwaste,
food, paper fibers & compostable plastics. Acceptance of these materials is
mandatory and will be required within two (2) years from the notice to
proceed or years two (2) through years ten (10). Item #131 is based on an
estimate of 28,000 annual tons; #132 is based on an estimate of 30,000
annual tons; #133 is based on an estimate of 32,000 tons and #134 is based
on an estimate of 34,000 annual tons. Item #135 is the Total Annual Price
(Unit Price times Estimated Annual Tonnage). Item #136 is the Average
Annual Price (Item#B5 divided by 4).
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 46 of 48
C) Item #C1 requires a Unit Price (per ton) for biosolids based on an estimate
of 1,000 annual tons and for FOGs based on an estimate of 100 annual tons.
It is soley the County's option to determine if biosolids and FOGs will be
accepted and there is no minimum tonnage guaranty. A minimum of one (1)
year advance notice to the contractor will be provided. Item #C2 is the
Total Annual Price (Unit Price times Estimated Annual Tonnage). The
maximum allowable Unit Price (per ton) that can be entered for Item #C1
is $170.00. Proposals that exceed this maximum Unit Price shall be
disqualified.
D) Items #D1 through D4 will determine the 10 Year Cost, assuming annual
quantities remain the same. Lowest cost proposal (eligible for up to 15 points
for the cost portion of the evaluation) will be determined by #D4, the Total
10 Year Cost (Items #D1 through #D3).
E) The estimated annual tons are provided only for evaluation purposes and do
not represent a minimum tonnage guaranty. Please see section of RFP
"Minimum Tonnage Guaranty".
The County intends to award both locations as EHCF and WHCF to a single
contractor based on the best interests of the County.
Note: The total volume of incoming organic materials are unknown, therefore this RFP
is seeking pricing for various volumes or ranges of incoming organic materials with the
intent of the County receiving a lower price for higher volumes. This is based on the
assumption that a portion of the operating costs will be "fixed" or constant regardless of
the volume of organic materials processed at each site. Therefore, the higher the
volume the lower cost per ton should be realized.
PROPOSALS THAT DO NOT PROVIDE PRICES FOR ALL MATERIALS (ITEMS A
THROUGH C) INCLUDING MANDATORY AND OPTIONAL, SHALL BE
RFP#2738-ORGANIC DIVERSION -SPECIFICATIONS- Page 47 of 48
DISQUALIFIED. PROPOSALS THAT EXCEED THE MAXIMUM UNIT PRICE PER
TON FOR BIOSOLIDS AND FOGS SHALL BE DISQUALIFIED.
County reserves the right to accept or reject any offer for any location.
RFP#2738NORGANIC DIVERSION —SPECIFICATIONS- Page 48 of 48
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N SPECIAL PROVISIONS N
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 of product and proven
dependability and ability of each proposer with respect to ability to serve the County.
2.DURATION OF CONTRACT.' Contract shall be effective upon the notice to proceed for a
period of ten years, renewable for two (2) additional periods up to sixty (60) months each
solely at the option of the County. Contract unit prices will be negotiated prior to any
renewal.
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 equipment offered.
4. PROPOSAL RECEIPT., All proposals received will be time -stamped and deposited in the
locked bid box of the Purchasing Division until the deadline for receipt. Proposals that are
mailed in must arrive in the Purchasing Division before the date and time of deadline;
proposals received after the deadline may be returned unopened to the sender or
accepted if no unfairness to any proposer will result. The proposer shall be solely
responsible for the timely arrival of its proposal. Proposals wi//notbe opened pub/iclvand
will become public information only upon completion of contract(s) or rejection of all
proposals.
5. TAX CLEARANCE.• All successful proposers, including out-of-state proposers, must apply
to the Hawai'i State Tax Office and the Internal Revenue Service in conformance with
HRS, 103-53, for a tax clearance prior to a Contract being issued. In the event an
apparent successful proposer is unable to furnish appropriate certificates within ten (10)
calendar days of being requested to do so, the County may proceed to award to the next
most attractive proposer who shall furnish said certificates. It is not required, but stron4/y
E& estedthat�roposers furnish tax clearances with their nroAosa/s
6. PAYMENT, Payment will be made as soon as practical in the normal course of business
upon proper invoicing and satisfactory documentation of amounts of materials processed.
Invoices should be mailed or delivered to the Solid Waste Division at 108 Railroad Avenue,
Hilo, Hawai'i 96720, or at such other location as may be required.
7. PROTESTS AND FORUM SELECTION., 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 Ms. Nancy Crawford,
Chief Procurement officer, County of Hawai'i. 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 (5) 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
RFP#2738-ORGANIC DIVERSION -SPECIAL PROVISIONS- PAGE 1 OF 11
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 (5) DAYS of the date a "'Notice of Award" is posted on the bulletin
board in the Purchasing Division lobby area, 25 Aupuni Street, Hilo, Hawai'i 96720.
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 Hawai'i, and State of
Hawaii; nor shall any action commenced in such court be removed or transferred to any
other State or Federal Court.
8. 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, 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.
9. 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:
A. All Sections of the Hawai'i County Charter and Hawaii County Code.
B. Chapters 103 and 103D, HRS, as amended, relating to expenditure of public
money and procurement.
C. Chapter 321, HRS, as amended. Relating to Health Department.
D. Chapter 376, HRS, as amended, relating to industrial safety.
E. Chapter 378, HRS, as amended, relating to fair employment practices.
F. Chapter 386, HRS, as amended, relating to worker's compensation.
The Contractor shall comply with all such present laws, ordinances, codes, rules and
regulations, 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
or regulation, the Contractor shall forthwith report the same in writing to the Director
and/or Officer -in -Charge.
10, TIME OF PERFORMANCE OF CONTRACT- Time is of the essence. 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 shall be completed within the
number of calendar days specified.
11. 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
RFP#2738-ORGANIC DIVERSION -SPECIAL PROVISIONS- PAGE 2 OF 11
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 subcontractors 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 Director or 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 the right to terminate the Contract for any other or additional
delay not covered by the specific terms of such extension or extensions.
12. 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.
13. AUTHORITY 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 Director and/or Officer -in -Charge. The decisions of the Director and/or
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.
14. COOPERATION BY THE COUNTY.- The County shall, without cost to the Contractor,
through the Director and/or Officer -in -Charge, cooperate fully with the Contractor and will
promptly place at the disposal of the Contractor all available pertinent information which
the County may have in its possession. The County will certify to the accuracy of certain
information in writing whenever it is possible to do so. The County does not represent
that other information not certified as accurate is so and takes no responsibility therefor
and the Contractor shall rely on such information at his own risk.
15. REVIEW BY THE COUNTY- The County shall review all submittals and other work and
data required to be made by the Contractor and reject or approve such submittals in their
entirety or approve the same subject to such deletions, additions and revisions as the
County may deem necessary and proper. In submittals specified in the special provisions,
RFP#2738-ORGANIC DIVERSION -SPECIAL PROVISIONS+ PAGE 3 OF 11
all items not required by the County to
County and not defective by reason or
Contractor, his subcontractor, agents
approved.
be deleted, added or revised after review by the
error, omission or negligence on the part of the
or employees shall be deemed to have been
16. COMPENSATION. • The Contractor shall be paid the amount stated in the written
agreement or the same determined in accordance with the special provisions, whichever is
lower, less any reduction in compensation and plus any increase in compensation
pursuant to paragraph 19 of these Special Provisions, as full compensation for the
performance of the services under the Contract.
17. ABANDONMENT 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 becomes 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.
18. PROGRESS PAYMENTS.• The Contractor's compensation shall be paid in periodic
progress payments only if specifically called for by a separate schedule in the Contract or
Agreement. In the event there is no specific schedule, payment shall be in the normal
course of business following the proper completion of all work, terms and conditions of
the Contract.
19. 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 20 of Special Provisions reduce the services to be performed by the Contractor.
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 six (6) 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 Director
and/or 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 20 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 20 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:
(a) 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;
RFP#2738—ORGANIC DIVERSION -SPECIAL PROVISIONS- PAGE 4 OF 11
(b) 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
Hawai'i required for the project and profit; and
(c) Other direct costs, including the cost of transportation to and from destinations
outside of the County of Hawai'i and long distance telephone calls and/or data
transmission costs; and
(d) The State of Hawai'i General Excise Tax payable by the Contractor on (a), (b), and
(c).
20. MODIFICATIONS OF CONTRACT, The County may at any time make such
modifications in the contract 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 provided further that modifications involving no reduction or
increase in compensation of the Contractor may be made by written order of the Director
and/or 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 Director and/or 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 13, AUTHORITY OF THE OFFICER -
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.
In the event the Contractor for reasons related to safety does not agree with and refuses
to proceed with the modifications required by the County in the written order, the Director
may allow the Contractor 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.
21. 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 paragraph 25 of Special Provisions.
22. 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. This being a price
agreement, no certificate from the Director of Taxation, as provided in Section 103-53,
HRS, will be required. Acceptance by the Contractor of the final payment shall constitute
payment in full for all services performed under the Contract.
23. RIGHT OF THE COUNTY TO TERMINATE,• The County shall have the right to suspend
performance of the services under the Contract or terminate the Contract in whole or in
RFP#2738NORGANIC DIVERSION +SPECIAL PROVISIONS+ PAGE 5 OF 11
part at any time by written notice to the Contractor. Upon termination, all data, plans,
specifications, reports, estimates, summaries, completed work and work in progress and
such other information and materials as may have been accumulated by the Contractor in
the performance of his services shall, in the manner and to the extent determined by the
Director and/or Officer -in -Charge, become the property of and be delivered to the County.
If the termination is for reasons other than default of the Contractor as provided in
paragraph 24, the Contractor shall be compensated in accordance with paragraph 19 of
these Special Conditions or paragraph 6.13 of the General Terms and Conditions for
Goods and Services, dated July 1, 1994, whichever is deemed most appropriate in the sole
discretion of the County.
24. TERMINATION BECAUSE OF CONTRACTORS DEFAULT- The County shall have the
right to enter into a new Contract with another Contractor and pay a reasonable
compensation for such services as may be necessary to properly complete the services
under the Contract if it terminates the same because the Contractor:
A. Fails to begin work under the Contract at the time required; or
B. Is unnecessarily delaying the performance of the Contract or any part thereof; or
C. Is failing to perform the Contract with sufficient or adequate personnel, equipment
or materials or is not making sufficient progress to ensure the completion of the
Contract within the time specified; or
D. Fails to perform the Contract in accordance with direction of the Director and/or
Officer -in -Charge; or
E. Discontinues performance of the Contract; or
F. Fails to re -commence performance of the Contract within a reasonable time after
service of a written order to do so if the performance had been suspended; or
G. Becomes insolvent or is declared bankrupt or commits any act of bankruptcy or
insolvency; or
H. Allows any final judgment to stand against him unsatisfied for a period of ten (10)
calendar days; or
I. Makes an assignment for the benefit of creditors; or
Fails to pay for all labor, tools, materials and equipment; or
K. Has abandoned the Contract; or
L. Violates or fails to comply with any of the terms, covenants and conditions of the
Contract.
The fee of such other Contractor shall be paid from any unexpended amount of the
compensation under the contract. Should the compensation of such other Contractor
exceed such unexpended amount, then the Contractor shall reimburse the County for the
difference as part of the damages caused by Contractor's default. After payment of the
RFP#2738-ORGANIC DIVERSION -SPECIAL PROVISIONS— PAGE 6 OF 11
compensation of such other consultant, any remaining unexpended amount of the
compensation payable under the Contract shall be paid to the original Contractor.
The provisions of this subsection shall not apply if the Contractor is an individual and the
default is due to his death or mental or physical disability.
25. 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 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.
26. REMEDIES NOT 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.
27. SERVICES.- 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 these 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.
28. CONSTRUCTION OF CONTRACT: The masculine shall be deemed to embrace and
include the feminine and the singular shall be deemed to embrace and include the plural,
whenever required in the context of the Contract.
29. RESPONSIBILITY OF OFFERORS., Offeror is advised that if awarded a contract
under this solicitation, Offeror shall, upon award of the contract, furnish proof of
compliance with the requirements of §3-122-112, HAR:
1. Chapter 237, tax clearance;
2. Chapter 383, unemployment insurance;
3. Chapter 386, workers' compensation;
4. Chapter 392, temporary disability insurance;
5. Chapter 393, prepaid health care; and
6. One of the following:
a. Be registered and incorporated or organized under the laws of the Stat
(hereinafter referred to as a "Hawaii business'; or
b. Be registered to do business in the State. (hereinafter referred to as
"compliant non -Hawaii business").
Refer to the Method of Award provision below for instructions on furnishing the
documents that are acceptable to the State as proof of compliance with the above-
mentioned requirements.
RFP#2738-ORGANIC DIVERSION -SPECIAL PROVISIONS- PAGE 7 OF 11
30. METHOD OFAWARD:
The terms and conditions shall be set forth in the award. If the terms are not
agreeable to the successful Proposer and if agreement cannot be reached by both
parties, the award may be dissolved without penalty to either.
Reference Responsibility of Offerors in §3-122-112, HAR. Offeror shall produce
documents to the procurement officer to demonstrate compliance with this
section.
HRS Chapter 237 tax clearance requirement for award and final payment.
Instructions are as follows:
Pursuant to §103D-328, HRS, successful 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 is valid for six (6) months
from the most recent approval stamp date on the certificate and must be valid on
the date it is received by the purchasing agency.
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/alphalist.html#a
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. Facsimile numbers are:
DOTAX: (808) 587-1488
IRS: (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 purchasing agency.
HRS Chapters 383 (Unemployment Insurance), 386 (Workers' Compensation), 392
(Temporary Disability Insurance), and 393 (Prepaid Health Care) requirements for
award. Instructions are as follows:
RFP#2738-ORGANIC DIVERSION -SPECIAL PROVISIONS- PAGE 8 OF 11
Pursuant to §103D -310(c), HRS, successful 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 purchasing
agency.
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 www.dlir.state.hi.us/LIR#27, or at the
neighbor island DLIR District Offices. The DLIR will return the form to the Offeror
who in turn shall submit it to the purchasing agency.
The application for the certificate is the responsibility of the Offeror, and must be
submitted directly to the DLIR and not to the purchasing agency.
Requirement for award. To be eligible for award, the Offeror must comply as
follows:
Hawaii business. A business entity referred to as a "Hawaii business", is registered
and incorporated or organized under the laws of the State of Hawaii. As evidence
of compliance, Offeror shall submit a CERTIFICATE OF GOOD STANDING issued by
the Department of Commerce and Consumer Affairs Business Registration Division
(BREG). A Hawaii business that is a sole proprietorship, however, is not required
to register with the BREG, and therefore not required to submit the certificate. An
Offeror's status as sole proprietor or other business entity and its business street
address indicated on the Offer Form page OF -1 will be used to confirm that the
Offeror is a Hawaii business.
Compliant non -Hawaii business. A business entity referred to as a "compliant non -
Hawaii business," is not incorporated or organized under the laws of the State of
Hawaii but is registered to do business in the State. As evidence of compliance,
Offeror shall submit a CERTIFICATE OF GOOD STANDING.
To obtain a CERTIFICATE OF GOOD STANDING go online to
www.BusinessRegistrations.com and follow the prompt instructions. To register or
to obtain a "Certificate of Good Standing" by phone, call (808) 586-2727 (M -F 7:45
to 4:30 HST). The "Certificate of Good Standing" is valid for six months from date
of issue and must be valid on the date it is received by the purchasing agency.
Offerors are advised that there are costs associated with registering and obtaining
a "Certificate of Good Standing" from the DCCA.
Timely Submission of all Certificates. The above certificates should be applied for an(
submitted to the purchasing agency as soon as possible. If a valid certificate is no
submitted on a timely basis for award of a contract, an offer otherwise responsive an(
responsible may not receive the award.
As an alternative, bidders may use the following:
RFP#2738-ORGANIC DIVERSION -SPECIAL PROVISIONS- PAGE 9 OF 11
Hawaii Compliance Express (HCE) allows vendors selling goods or
services to state or county government entities to quickly and easily
demonstrate that they are in compliance with state procurement laws.
There is a $15.00 annual registration fee for the service. To register,
just go to http://vendors.ehawaii.gov , complete the easy step-by-
step process, and pay the $15.00 online using credit card.
Final Payment Requirements. 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
www.spo.hawaii.gov. Select 'Forms for Vendors/Contractors" from the Chapter
103D, HRS, pop-up menu.
31. NON-DISCRIMINATION IN COUNTY CONTRACTS:
Pursuant to Executive Order No. 142, County of Hawaii, dated February 11, 2005:
During the performance of this contract, the contractor agrees as follows:
a. The contractor shall comply with all requirements set forth in Federal and State
laws and regulations relative to Title VI of the Civil Rights Act of 1964, as
amended, which provide for non-discrimination in Federally assisted programs.
b. The contractor shall not discriminate against any employee or applicant for
employment because of race, ancestry/national origin, religion, color, disability,
age, marital status, military status, veterans' status, sexual orientation, lactation,
arrest and court record, citizenship, or any other classification protected by state or
federal law. The contractor shall assure that applicants are employed and that
employees are treated during employment without regard to race,
ancestry/national origin, religion, color, disability, age, marital status, military
status, veteran's status, sexual orientation, lactation, arrest and court record,
citizenship, or any other classification protected by state or federal law. Such
action shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training. The contractor agrees to post in conspicuous places notices to be
provided by the contracting officer setting forth the provisions of the
nondiscrimination clause.
c. The contractor shall in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants shall receive
consideration for employment without regard to race, ancestry/national origin,
religion, color, disability, age, marital status, military status, veteran's status,
sexual orientation, lactation, arrest and court record, citizenship, or any other
classification protected by state or federal law.
d. In the event of the contractor's noncompliance with the nondiscrimination clauses
of this contract, this contract may be canceled or suspended in whole or in part
and the contractor may be declared ineligible for further County contracts until
such time that the contractor by satisfactory evidence, in good faith, ceases such
discriminatory practices or procedures.
e. The contractor who subcontracts any portion of the contract shall assure the
County that such subcontractor shall abide by the nondiscrimination provisions
stated herein and agrees that any subcontractor who is found in violation of such
RFP#2738-ORGANIC DIVERSION -SPECIAL PROVISIONS- PAGE 10 OF 11
provisions shall subject the principal contractor's contract with the County to be
terminated or suspended pursuant to Section (4) above.
The County may direct any bidder, prospective contractor, or subcontractor to
submit a statement in writing signed by an authorized officer, agent, or employee
of the contracting party that the signer's practices and policies do not discriminate
on the grounds of race, ancestry/national origin, religion, color, disability, age,
marital status, military status, veteran's status, sexual orientation, lactation, arrest
and court record, citizenship, or any other classification protected by state or
federal law, and that the terms and conditions of employment under the proposed
contract shall be in accordance with the purposes and provisions stated herein.
32. 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 a// relevant proposal pages. 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 offer must be received within five (5)
working days of the bid opening if prior permission to submit a fax copy or
otherwise incomplete bid has been granted.
RFP#2738-ORGANIC DIVERSION -SPECIAL PROVISIONS+ PAGE 11 OF 11
CONTRACT INFORMATION FORM
Jame of Bidder
:ontact Person
kddress
:ity & State
-elephone Number
:-mail Address
Mate of Hawaii General Excise Tax License No.
=ederal Employer Identification No.
-vpe of Organization:
Individual Partnership Corporation
trate of Incorporation: Hawaii
Other
Fax Number
Zip Code
(Please specify)
DOTE' If "Other" is a corporate seal available in your Hawaii Office?
Yes No
Jame and title of person(s) authorized to.sign the contract, if awarded'
Name Title
Name Title
William P. Kenoi�,.►' °` "!ti
Nancy E. Crawford
Mayor y6i
Director
Deanna S. Sako
Deputy Director
Gilbert d Benevides
County of Hawar1
Purchasing Agent
PURCHASING DIVISION
DEPARTMENT OF FINANCE
25 Aupuni Street, Suite 1101
Hilo, Hawaii 96720
June 14, 2011
TO: All Prospective Bidders
FROM: Purchasing Agent
SUBJECT: IFB#2738 N FOR FURNISHING AND IMPLEMENTING COMPOST OPERATIONS FOR AN ORGANICS
DIVERSION PROGRAM IN EAST HAWAI' I AND WEST HAWAI' I FOR THE DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT, COUNTY OF HAWAI' I
ADDENDUM NO. 1
Please be advised of the following changes, deletions and/or additions.
1. Please incorporate attached "Site Plan A" and "Site Plan B" into proposal package.
Bid receipt deadline remains 4:30 pm Tuesday, July 6, 2011, bids already submitted may be revised by
written notice, which must be delivered to the above office or post -marked prior to the bid opening date and time.
Bids which do not acknowledge this addendum will be accepted and prices for items will be per the proposal pages.
We apologize for any inconvenience caused by this change. Thank you fo�your cooperation and understanding in
this matter. J\
NEVIDES
Agent
Hawaii County is an Equal Opportunity Provider and Employer
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Mayor
TO: All Prospective Bidders
FROM: Purchasing Agent
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County of Hawal'i
PURCHASING DIVISION
DEPARTMENT OF FINANCE
25 Aupuni Street, Suite 1101
Hilo, Hawaii 96720
June 29, 2011
Nancy E. Crawford
Director
Deanna S. Sako
Deputy Director
Gilbert J. Benevides
Purchasing Agent
SUBJECT: RFP#2738 N FOR FURNISHING AND IMPLEMENTING COMPOST OPERATIONS FOR AN ORGANICS
DIVERSION PROGRAM IN EAST HAWAI' I AND WEST HAWAI' I FOR THE DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT, COUNTY OF HAWAI� I
ADDENDUM NO. 2
Please be advised of the following changes, deletions and/or additions.
Please include the attached General Terms & Conditions to the proposal package.
2. On page 7 of Specifications, "Slaughterhouse Waste", add as per underlined wording as follows:
"...slaughterhouses, restaurants, stores and farms. Contractor may include acceptance of
slaughterhouse waste in their proposal however slaughterhouse waste is not included in the list of
mandatory designated organic materials nor is it included in the optional designated organics
materials Therefore it will not be subject to payment under this contract, but may be subject to
green waste and organics disposal fees."
3. On page 9 of Specifications, "Compost", add as per underlined wording as follows:
"...The end product(s) shall become the property of the Contractor. The County does not
intend at this time to accept any of the materials for alternate daily cover at its landfills, but reserves
the right to accept these materials at a future date. Contractor may charge fees for end -market
products..."
4. On page 12 of Specifications, Section F, "Designated Organic Materials", change as per underlined
wording as follows:
"...Upon the Notice to Proceed, Contractor must accept and process at the EHCF and WHCF
the following mandatory designated"
RFP#2738NORGANIC DIVERSION ADDENDUM 2 Page 1 of 4
Hawaii County is an Equal Opportunity Provider and Employer
5. On page 12 of Specifications, Section F, "Designated Organic Materials", add as per underlined
wording, directly under "3. Biodegradable or compostable plastics", as follows:
"Start date for services shall begin within 6 months of Notice of Award or upon approval and
issuance of all required permits by DOH, whichever comes later. Contractor shall be the
responsible party for obtaining all required DOH permits."
6. On page 13 of Specifications, "Optional', change as per underlined wording as follows:
"Optional: In addition to accepting all the MDOM listed above, the Contractor shall provide a
price for accepting and processing at the EHCF and WHCF for the following optional
designated.."
7. On page 28 of Specifications, "Item c.", add as per underlined wording as follows:
"transactions as it applies to your operation. The method of transportation of solid waste to
the facility will involve a variety of modes, including County vehicles, commercial vehicles, and
private vehicles. Contractor may also describe any other method they intend to implement,
which will be subject to County review and final acceptance."
8. On page 20 of Specifications, "Item 4", add as per underlined wording as follows:
"4. If Contractor operations, as described in Section "G. Scope of Work", Item 13, fails to
maintain compliance with the DOH Permit requirements, the County reserves the right to hire
a separate contractor..."
9. On page 22 of Specifications, Add Item 7, as per underlined wording as follows:
"7. The County does not currently have geo-technical or soil reports for either EHCF or
WHCF."
10. On page 22 of Specifications, Add Item 7, as per underlined wording as follows:
"8. Copies of water quality analyses for WHCF will be available for review at Solid Waste
Division Office, 108 Railroad Ave, Hilo, Hawaii. Water quality analyses is not available for
EHCF."
11. On page 3 of Specifications, "Biosolids", add as per underlined wording as follows:
"For Count generated biosolids currently being delivered to our landfills, after dewatering,
the solids content is agproximatel ry 20%."
"Test reports on County generated biosolids are available for review at Waste Water Division
Office, 108 Railroad Ave, Hilo, Hawaii.
"The typical dewatered sludge delivery schedule from each treatment facility to the Hilo
Landfill is as follows: Hilo Wastewater Treatment Plant (WWTP) Twice a week, Two
truckloads (210 cu. ft. each). Kulaimano WWTP: Once a week. One truckload (80 cu.
ft). Papaikou: Once a week. One truckload (60 cu. ft.). For the West side, there is no
dewatering of sludge as the process is an aerated lagoon system. The sludge remains at
the bottom of the ponds until deemed necessary to remove (typically every 10 to 15
years or so).
RFP#2738—ORGANIC DIVERSION ADDENDUM 2 Page 2 of 4
12. On page 21 of Specifications, "County Provided Services", Item 1, add as per underlined wording as
follows:
"...at the County Landfill scale. house. Customer will provide a copy of scale ticket to the
contractor at the EHCF and WHCF. The final weight for the load of MDOM or ODOM will be
provided to the Contractor from scale house reports."
13. On page 4 of Specifications, "County -Generated", add as per underlined wording as follows:
"...May also include mixed municipal organic materials. Materials will be delivered to EHCF
and WHCF in a variety of trucks and vehicles. The largest transport vehicle to be used is a
tractor trailer with a 120 cubic yard "walking floor" trailer. Other smaller sized roll -off trucks
and pickup trucks will also be used to deliver materials."
14. On page 22 of Specifications, Item 4, add as per underlined wording as follows:
"...at the sole expense of the Contractor. County does not have information regarding the
available volume of water at the EHCF. Water is municipal and potable and more information
about water may available at the County, Department of Water Supply."
15. On page 14 of Specifications, Item 1a, add as per underlined wording as follows:
"...have not been properly weighed in at County scales. Contractor may install a scale
and/or scale house for its own use."
16. On page 19 of Specifications, Item 4, add as per underlined wording as follows:
"...at the sole expense of the Contractor. County does not have information regarding the
available volume of water at the WHCF. Water is available but must be developed (i.e. new
well, tanks pumps etc) as to not compromise existing water uses for current landfill
operations Current water is private well brackish non -potable."
17. On page 19 of Specifications, Item 16, add as per underlined wording as follows:
"...at the sole expense of the Contractor, all utility services including but not
limited to electric, water and gas. The Contractor may utilize any Rower source it deems
appropriate for its operation However, a source of electrical power is available at the SHSL
and WHSL The Contractor is solely responsible for coordination with the power supply
company for all of its electrical needs."
18. On page 9 of Specifications, "Compost", add as per underlined wording as follows:
"...further process, market, and sell end product(s). The Contractor shall have the right to
market its materials on or off-site, or both."
19. On page 28 of Specifications, Section "e", after last sentence in paragraph, add as per underlined
wording as follows:
"...and design rated capacity. Equipment substitutions shall be allowed if they are
comparable."
RFP#2738NORGANIC DIVERSION ADDENDUM 2 Page 3 of 4
20. On page 11 of Specifications, "Minimum Tonnage Guaranty", add as per underlined wording as
follows:
"...received at each site. The Minimums for year one are as follows: EHCF shall be 12,000
annual tons of incoming organic materials. WHCF shall be 23,000 annual tons of incoming
organic materials. In years two through ten the minimums are as follows: EHCF shall
increase to 20,000 annual tons of incoming organic materials WHCF shall increase to 28.000
annual tons of incoming organic materials."
21. On page 20 of Specifications, "Item 5", change as per underlined wording as follows:
"...of the Contractor to pay any such fees..."
22. On page 3 of Specifications, third paragraph, change as per underlined wording as follows:
"Compostable Plastics: Plastics including food containers..."
23. On page 6 of Specifications, "Organic Materials", change as per underlined wording as follows:
"food waste, paper waste and compostable Plastics. Other organics..."
24. On page 12 of Specifications, "Section F, Designated Organic Materials", Item 3, delete as per
underlined wording as follows:
"Biodegradable or compostable plastics"
Bid receipt deadline has been extended to 4:30 pm Wednesday, July 13, 2011, bids already submitted
may be revised by written notice, which must be delivered to the above office or post -marked prior to the bid
opening date and time. Bids which do not acknowledge this addendum will be accepted and prices for items will
be per the proposal pages.
We apologize for any inconvenience caused by this change. Thank you fqr your
this matter. I
and understanding in
BENEVIDES
g Agent
RFP#2738NORGANIC DIVERSION ADDENDUM 2 Page 4 of 4
COUNTY OF HAWAII
DEPARTMENT OF FINANCE
21111AL T E RHII hX12 �QRP T3S�R
FQg .9QQQ,4 ARp
July 1, 1494
TABLE OF CONTENTS
PAGE NO,
SECTION 1
DEFINITIONS OF TERMS ............................
1
1.1
BID.*.* ..................... * ........ * ........
I
1.2
BID OR PROPOSAL FORM ............................
1
1.3
BID OR PROPOSAL GUARANTY OR SECURITY............
1
1.4
CHANGE ORDER ................................ ..
1
1.5
CONTRACT .""...................................
1
1.6
CONTRACT BOND ...................................
1
1.7
CONTRACT MODIFICATION ...........................
1
1.8
CONTRACTOR ......................................
I
1.9
DAYS ............................................
I
1.10
BEAD OF TSB PURCBASING AGENCY.... ...............
I
1.31
OFFER................................4.0.00.....
1
1.22
OFFEROR .........................................
2
1.13
PROCUREMENT OFFICER......... 0...................
2
1.14
PRIORITY -LISTED OFFERORS ........................
2
1.15
PROPOSAL.....................*0.................
2
1.16
PURCHASING AGENCY ...............................
2
1.17
SOLICITATION..........................&.........2
1.18
SPECIAL PROVISIONS ......................0..0....
2
1.19
SPECIFICATIONS ..................................
2
1.20
COUNTY OF HAWAII ...................... a ... ......
2
1.21
SURETY.00........ .0 .... .... .....................
2
1.22
WORZ.0.0.........................................
3
SECTION 2
OFFER REQUIRENZNTS AND CONDITIONS ...............
3
2.1
COMPETENCY OF OFFEROR ...........................
3
2.2
SOLICITATION FORM ..............................
3
2.3
EYAMIATION OF GENERAL TERMS AND CONDITIONS,
SPECIFICATIONS, SITE OF WORK, ETC ...............
3
2.4
ADDENDA AND INTERPRETATIONS .....................
3
2.5
PREPARATION OF OFFER ......................... 0.0
4
2.6
Or PER GUARAIi'!=..................................
4
2.7
CERTIFICATION OF OFFEROR CONCERNING WAGES, SOURS
AND WORKING CONDITIONS OF EMPLOYEES SUPPLYING
SERVICES ........................................
4
2.8
PRE -OPENING MODIFICATION OR WITHDRAWAL OF OFFERS
5
2.9 -
RECEIPT, OPENING, AND RECORDING OF BIDS.........
5
2.10-
RECEIPT AND REGISTRATION OF PROPOSALS...........
6
2.11
LATE OFFERS, LATE WITHDRAWALS, AND LATE
6
MODIFICATIONS ................................ ..
2.12
MISTAKES IN BIDS................................7
2.13
MISTAKES IN PROPOSALS ...........................
7
2.14
OFFER INSPECTION.... . ..........................
8
2.15
DISQUALIFICATION OF OFFERORS ....................
8
2.16
OF CONDUCT ............................
8
2.17
.STANDARDS
IRREGULAR OFFERS ................................
9
SECTION 3
EVALUATION, AWARD AND EXECUTION OF CONTRACT.....
9
9
3.1
EVALUATION ......................................
HAWAII EXCISE AND USE TAXES.. ............. ..•.
9
PREFERENCE FOR HAWAII PRODUCTS ................
9
PRINTINGPREFERENCE--.* .......................
10
RECIPROCAL -PREFERENCE....... ..................
10
RECYCLED PRODUCTS PREFERENCE..... ..............•
10
LOWTIE BIDS ....................................
11
3.2
ACCEPTANCE OF OFFER ................ ...,.........11
3.3
EXECUTION OF CONTRACT ...........................
12
3.4
CON'T'RACT BOND...............................a" .
12
3.5
FAILURE TO EXECUTE CONTRACT .....................
13
3.6
RETURN OF OFFER auARANTIES ......................
13
3.7
SUBMISSION OF INSURANCE CERTIFICATION...........
13
SECTION 4
PERFORMANCE OF CONTRACT .........................
13
4.1
CONTRACT ADMINISTRATION .........................
13
4.2
COMPLIANCE WITH CONTRACT TERMS, ETC .............
13
4.3
CHANGE ORDERS AND MODIFICATIONS .................
14
SECTION 5
LEGAL RELATIONS AND RESPONSIBILITY..............
14
5.1
LAMS TO BE OBSERVED .............................
14
5.2
PATENTED ARTICLE ................................
14
5.3
SUBCONTRACTING AND ASSIGNING ....................
14
5.4
ASSIGNMENT OF ANTITRUST CLAIMS.............-....
14
5.5
RESPONSIBIL11T FOR DAMAGE CLAIMS ................
14
S.6
PZRSONAL LIABILITY OF PUBLIC OFFICIALS..........
15
5.7
CONTRACT PROVISIONS TO CONSIDER TRAFFIC.........
15
SECTION 6
MODIFICATIONS AND TERMINATIONS OF CONTRACTS FOR
GOODS AID SECES ..............................
RVI
15
15
6.1
GX ERAt.,........................9600............
35
6.2
CRAMS IN FRED -PRICE CONTRACTS ................
6.3
CHANGRS IN COST-REIMZURSE1+Qr1iT CONTRACTS .........
16
6.4
AUMlIZATION FOR A STOP WORK ORDER .............
16
6.5
STOP WORK OIEDERS..9.............................
16
6.6
VARIATIONS IN ESTIMATED QUANTITIES FOR DEFINITE
QUANTITY CONTRACTS ...••:••••••••••..............
17
6.7
VARIATIONS IN ESTIMATID OUANTITIES FOR INDEFINITE
QUANTITY CONTRACTS ............................6.
27
6.8 PRICE ADJUSTMENT.....' 17
6.9 NOVATION OR CHANGE OFNAME...................... 18
6.10 CLAIMS BASED ON A PROCUREMENT OFFICER'S ACTIONS OR .
OMISSIONS.... too .... 0 ... # ........ 18
6.11 TERMINATION FOR DEFAULT..... .................. 19
6.12 LIQUIDATED DAMAGES.............................. 20
6.13 TERMINATION FOR CONVENIENCE ..................... 20
6.14 TERMINATION FOR COST-REIMBURSEMENT CONTRACTS.... 22
6.15 DISPUTES........................................ 22
5.16 REMEDIES........................................ 22
SECTION 7 PAYMENT ......................................... 22
7.1 METHOD OF PAYMENT ............................... 22
7.2 FINAL PAYMENT ................................... 22
7.3 INTEREST ........................................ 22
EXHIBITS
AGREEMENT .............. ....................(EXHIBIT A)
SURETY BID OR PROPOSAL BOND.................(EXHIBIT B)
SURETY PERFORMANCE BOND .....................(EXHIBIT C)
PERFORMANCE BOND..... .....................(EXHIBIT D)
SURETY LABOR AND MATERIAL PAYMENT BOND ...... (EXHIBIT E)
LABOR AND PAYMENT BOND********* ............. (EXHIBIT F)
CONTRACTOR ACEN IIT ...................(EXHIBIT G)
SURETY ACENOWLEDGMENT .......................{EXHIBIT H)
CONTRACT MODIFICATION FORM..................(EXHIBIT I)
CHANGE ORDER lOB1[...........................(EXHIBIT J)
SECTION 1 —DEFINITIONS OF TERMS
Terms as used in these General Terms and Conditions, unless the context
requires otherwise, shall have the following meaning:
1.1 BID
Bid means any bid. submitted in competitive sealed bidding or in the
second phase of multi -step bidding.
1.2 $ID OR PROPOSAL FORM
The proscribed form or. format which a offerer uses to submit his offer.
1.3 BID OR PROPOSAL GU&R&= OR SECURITY
The security when required, furnished by an offerer with his offer to
ensure that the offerer will enter into the contract with the County of Hawaii
and execute the required contract and payment bonds covering the work
contemplated, if his offer is accepted.
*111,111-7-371 -
Change order means a written order signed by the procurement officer,
directing the contractor to make changes which the changes clause of the
contract authorizes the procurement officer to order without the consent of
the contractor.
Contract means the combination of the solicitation, including the
instructions to offerors, the specifications or scope of work, the special
rovisiona, and the general terms and conditions; the offer and any beat and
incl offers; and as amendments to the solicitation or to the contract; and
any terms implied by aw.
1.6 CO.TRACT jjOFD
The approved form of security furnished by the contractor and his surety
or sureties or by the contractor alone, to ensure completion and satisfactorrpp
performance of the contract in accordance with the terms of the contract ani
to guarantee full payment of all claims for labor, materials and supplies
furnished, used or incorporated in the work.
Contract modification means any written alteration in specifications,
delivery point, rate of delivery, period of performance, price,quantity, or
other provisions of any contract accomplished by mutual action of the parties
to the contract.
An individual, partnership, firm, corporation, joint venture or other
legal entity undertaking the execution of work under the terms of the contract
with the County of Ravaii, and acting directly or through his, their or its
agents, employees or sub -contractors. -
1.9 .2MI
Days means calendar days unless otherwise specified.
1.10 BEAD Oh MM PURMSING hgm1tCr
The head of any agency with delegated procurement authority by law or
from a chief procurement officer of the County of Hawaii to enter into and
administer contracts.
1 Orm
An offer means a bid or proposal as defined in sections..1 and 2.22, in
response to any solicitation.
GEN=n TERM AND CONDITIONS _1- JULY 1, 1994
1.12 OFFEROR
Any individual, partnership, firm, corporation, joint venture or other
legal entity, submitting directly or through a duly authorized representative
or agent, an offer for the work or services contemplated in response to a
solicitation as defined in 1.17.
1.13 PROCUREIYNT OFFICER
Procurement officer means the person with procurement delegation duly
authorized to enter into and administer contracts and make written
determinations with respect to the contract. The term includes an authorized
representative acting within the limits of authority. The delegated authority
is received from the chief procurement officer directlx or through the head of
a purchasing agency or designee to the procurement officer.
1.14 PRIORITY -LISTED OFFERORS
Priority -listed offerors are the three or more responsive and responsible
offerors Who have submitted the highest rani proposals.
1.15 PROPOSAL
A proposal means any offer submitted in response to any solicitation,
except a hid as defined in section
1.16 PURC MING, AGENCY
Purchasing agency means any governmental body which is authorized by law
or rules, or by way of delegation to enter into contracts for procurement of
goods, services, or construction.
1.17_ SOLICITATION
Solicitation means an invitation for bids ("IFB"), used in the
competitive sealed bidding process or a request for proposals ("RFP"), used in
the compatitivv sealed proposal process for the purpose of soliciting bids or
proposals to perform a County of Hawaii contract.
1.18- SPECIAL PROVISIONS
The terms and conditions pertaining to the specific solicitation in which
they are contained; including but not limited to terms and conditions
describinq the preparation of solicitations, evaluation of offers,
determination of award, plus those applicable to performance by the contractor.
Additions or revisions to the. General Terms and Conditions, which shall
be considered a part of the .General Terms and Conditions, setting forth
conditions or requirements applicable to the particular project or contract
under consideration. Should any special provisions conflict with these
general terms and conditions, said Special PEOvisions small aovern.
1.19 SPEC2FICATIONS
A description of what the purchasing agency requires and, consequently,
what an offeror must offer to be considered for award.
1.20 COUNn or H7►N 11
County of Hawaii means all departments of the executive branch and all
governmental bodies administratively attached to it, all departments of the
iegislative branch and all governmental bodies administratively attached to
it, and any and all autonomous and semi-autonomusgovernment agencies which
may operate under the auspices of the County of Hawaii.
1.21 SURETY
The individual, firm, partnership or corporation other than the
contractor, which executes a bond with and for the contractor to ensure the
contractor's acceptable performance of the contract.
GENERAL TERMS AND CONDITIONS -2- JULY 1, 1994
1.2 2 WORX
The furnishing by the contractor of all labor, services, materials,
equipment, and other incidentals necessary for the satisfactory performance of
the contract.
SECTION 2 - OFFER REQUIREMENTS AND CQNDITIONS
Prospective offeror must be capable of performing the work for which
offers are being called. Either before or after the deadline for an offer,
the purchasing agency may require offeror to submit answers to questions
regarding facilities, equipment, a rience, personnel, financial status or
any other factors relating to his ability to furnish satisfactorily the goods
or services being solicited by the County of Hawaii. Any such inquiries shall
be made and replied to in writing; replies shall be submitted over the
signatures of the person who signs the offer. Any offeror who refuses to
answer such inquiries will be coasidesed-non-responsive. All answers to such
questions will be handled by the purchasing agency on a confidential basis and
will be returned after they have served their purpose.
The purchasing agency also reserves the right to visit an offeror's place
of business to inspect his facilities and equipment and to observe his methods
of operation in order to facilitate evaluation of performance capabilities.
Prospective offerors will be furnished with solicitation forms which may
include but not be limited to s statement of work, the location, description
and the contract time of the contemplated work, the various quantities being
requested, estimated and/or firm, and items of wort to be performed or
materials to be furnished, along with a schedule of items for which unit
prices and/or lues sum prices are asked, depending on the type of
solicitation, e.g. invitation for bids or request for proposals.
The general terms and conditions, specifications, special provisions and
other documents -referenced in or attached to the solicitation shall be
considered a part of the offer whether attached to the solicitation or not at
the time of its submission. Such documents shall not be altered in any way
when the proposal is submitted and any, alterations so made by the offeror may
be cause for rejection of the offer.
w
The offeror shall carefully examine the site of the contemplated work,
the solicitation, general terms and conditions, specifications, sbecial
provisions, amendments, required contract and bond forms, etc. fore
submitting offers. 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 and with the requirements
of the proposal, general terms and conditions, specifications, supplemental
specifications, special provisions, contract and bonds when required.
No extra compensation will be given by reason of the contractor's
misunderstanding or lack of knowledge of the requirements of the work to be
accomplished or the conditions. to be encountered in performing the work.
Discrepancies, omissions or doubts as to the meaning of general terms and
conditions, specifications or special provisions should be communicated in
writing to the procurement officer and must be received by the purchasing
agency no later than five (S) calendar days prior to the date fixed for
opening. Any interpretation, if made, and azy supplemental instructions will
be in form of written addenda to the solicitation, which will be mailed,
fazed, or made available for pick up by all prospective offerors, prior to the
date fixed for the opening of offers. It shall be presumed that nay addenda
or interpretations so issued have been received by an offeror and such addenda
or interpretations shall become a part of the contract documents.
GENERAL TRUM MW CONDITIONS -3- JULY 11 1994
2.5 PREPARAZLON OF QFFER
Proposals submitted in response to request for proposals (RFP) shall be
in the format prescribed by the RFP.
The bids submitted in response to an invitation for bids (IFB) must be
prepared in ink or typed on the form furnished by thepurchasing agency or on
an exact copy thereof in full accordance with the instructions given. For
each item, the offeror shall specify the unit and total pprice in figures in
the columns provided for that purpose and, if required, the total sum of all
items being offered.
Where the (IFB) involves the furnishing and delivery of goods, the price
shall include the cost of delivery to the specified destination, at which
point acceptance of said goods will be made by authorised personnel. Should
s ecial requirements involving additional costs to the vendor be necessary,
the re uirements will be stated in the special provisions and .offers for the
costs therefor shall be governed by the special provisions.
Only one bid in response to an IFB for the same work from an individual,
firm, partnership, corporation or joint venture under the same or different
name will be accented. If more than one bid is offered for the same work,
only the lowest priced bid may be considered; all others will be automatically
rejected.
Competing subsidiary or jointly -owned companies may submit bids or
proposals and these may be accepted for evaluation and award if such companies
submit with their proposals a certificate of non -collusion, sworn to before a
notary, which acknowledges that the offer is without collusion.
All prices shall include applicable federal, state and local taxes. Any
illegible or otherwise unrecognizable price offer shall cause automatic
rejection of the .offer.
Offers submitted in .response to an I!e or R!P shall be signed in ink in
the space provided on the bid or proposal page by (1) the owner of a sole
proprietorshipp, (2) one or more members of a10t
artnership, (3) one or more
members or officers of each firm representing ainventure, (4) one or more
officers of a co oration, or (5) an agent of e offeror duly authorized to
submit offers on the offerors behalf.
2.6 -OFFEH MMANTY
Unless required by the special provisions, a bid or proposal securityy
deposit, performance and. payment bonds, or any other guaranty is not required
on any offer for goods or services.
When required by the special provisions, an acceptable bid or proposal
security deposit shall be in an mount equal to at least five percent of the
amount offered and shall be limited tot a bond in a form satisfactory to the
County of Hawaii underwritten by a company licensed to issue bonds in this
State; legal tender; or 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, a bank, a savings institution, or credit union
insured by the Federal Deposit Inauraacs Co ration or the National Credit
Union Admiinistration. Certificate of deposit, share certificate, cashiers
check, treasurer's check, teller's check, official check, orcertified check
may be utilised only to a maximum of 1100,000, provided however, if the
required security or bond amount totals over 1100,000, more than one
instrument not ezceedinnqq 8100,000 each and issued by different financial
institutions, may be submitted.
If an offer does not comply with the security requirements, the offer
shall be rejected as nonresponsive, unless the failure to comply is determined
by the chief procurement officer, the head of a purchasing agen , or the
designee of such officer to be nonsubstaatial pursuant to section 3-122-2Z3,
BAR
2.7 CExTIFICATION OF OFFEggR CONCZggl g WAGES, XoURs AND WORKING CONDITIONS
OF EMPLOYEES SUPPLYING SERVICES
All offerors for service contracts shall comply with section 103-55,
Hawaii Revised Statutes, which provides as followst
GENERAL TEEMS AND CONDITIONS -4- JULY 1, 2994
Wages, hours, and working conditions of employees of contractors
supplying services. Before any prospective offeror is entitled to submit
any offer for the performance of any contract to supply services in
excess of $5,000 to any governmental agency, offer shall certify that the
services to be performed will be performed under the following conditions:
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. All applicable laws of the federal and
state governments relating to workers compensation, unemployment
compensation, payment of wages, and safety will be fully complied with.
No contract to perform services for anygovernmental contracting
agency in excess of $5,000 shall be granted unless all the conditions of
this section are met. Failure to comply with the conditions of this
section during the period of the contract to perform services shall
result in cancellation of the contract.
It shall be the duty of the governmental contracting agency awarding
the contract to perform services in excess of $5,000 to enforce this
section.
This section shall apply to all contracts to perform services is
excess of $5,000, including contracts to supply ambulance service and
janitorial service.
This section shall not apply to:
(1) Managerial, supervisory, or clerical personnel.
(2) Contracts for supplies, materials, or printing.
(3) Contracts for utility services.
(4) Contracts to perform personal services under paragraphs (2),
(3), (12), and (16) of section 76-16, HIS.
(5) Contracts to operate refreshment concessions in public parks,
or to provide food services to educational institutions.
(6) Contracts with nonprofit institutions.
WITHDRAWAL2.8 Mm-tOPENING b1ODIFICATIgl OR R
Offers may be modified or withdrawn prior to the deadline for submittal
of offers by the following documents:
Withdrawal of offers: a written notice received in the office designated
in the solicitations a written notice fazed to the office designated In the
solicitation? or a telegraphic message received by telephone by the office
designated in the solicitation from the receiving telegraph company office,
provided the telegraph company confirms the telephone message by sending a
written copy of the telegram showing that the message wan received at the
telegraph company office prior to the time and date set for opening.
Modification of offers: a written notice received in the office
designated in the solicitation stat#ag that a modification to the offer is
submitted and accompanied the actual modification(s) securely sealed in a
separate envelope or container.
Upon its receipt, each bid and modification(s) shall be time -stamped but
not opened, and stored in a secure place by theprocurement officer until the
time and date set for bid opening. Copies of bids transmitted via facsimile
machine shall not be acceptable, except as provided for in the Special
Provisions.
Bids and sodificatiou(s) shall be opened public? , in the presence of one
or more witnesses, at the time, date, and place desigqnnaated in the ITS. the
name of each bidder, the bid price(s), and such other information as is deemed
appropriate by the procurement officer or his designated representative, shall
GMMM TEEMS AND CONDITIONS -5- JOLT 1. 1994
be read aloud or otherwise made available. If practicable, such information
shall also be recorded at the time of bid opening; that :s, the bids shall be
tabulated or a bid abstract made. The name(s) and address(es) of the required
witnesses shall also be recorded at the opening.
The opened bids shall be available for public inspection at the time of
bid opening.except to the extent that the bidder designates trade secrets or
other proprietary data to be confidential . Bidders shall ensure that material
so designated as confidential shall be readily separable from the bid is order
to facilitate public insppection of the nonconfidential portion of the bid.
Prices and makes and model or catalogue numbers of items offered, deliveries,
and terms of payment shall be publicly available at the time of bid opening
regardless of any designation to the contrary.
The procurement officer, or his designated representative, shall examine
the bids to determine the validity of any requests for nondisclosure of trade
secrets and other proprietary data identified in writing. If the parties do
not agree as to the disclosure of data, the procurement officer or his
designated representative shall inform the bidders present at the bid opening
that the material designated for nondisclosure shall be subject to written
determination by the attorney general for confidentiality. If the attorney
neral determines in writing that the material so designated as confidential
ss subject to disclosure, the bidder submitting the material under review and
other Iidders who were present at the bid o ning shall be so notified in
writing and the material shall be open to public inspection unless the bidder
protests under chapter 3-126.
The bids shall be open to public inspection subject to any continuing
prohibition on the disclosure of confidential data.
When a purchasing agency denies a person access to a Countyprocurement
record, the person may appeal the denial to the office of information practice
in accordance with section 927-42(12), HRS.
Bids shall be unconditionally accepted without alteration or correction,
except as allowed in sections 2.11 and 2.12.
2.10. RECEIPT AND REGJ§TRATION 0r EROPOS&S
Proposals and modifications shall be time -stamped upon receipt and held
in a secure place by the procurement officer until the established due date.
Proposals shall not be opened publicly, but shall be op�nod in the presence of
two or more procurement officials. Proposals and modifications shall be shown
only to County of Rawaii personnel having legitimate interest in them.
After the date established for receipt of proposals, a register of
proposals shall be prepared which shall include for all proposals: the name
of each offeror; the number of modifications received, if say; and a
description sufficient to identify the good or service item offered. The
register of proposals shall be- open to public inspection only after award of
the contract.
An offeror shall request in writing nondisclosure of designated trade
secrets or other propristarr�1r► data to be confidential. offerors shall ensure
that such data so designaM as confidential shall be readily separable from
.the proposals in order to facilitate eventual public inspection of the
nonconfiaeatial portion of the proposal.
Proposals of the offeror(s) shall be open to public inspection after
award of the contract as provided in section 3-122-55.
Any notice of withdrawal, notice of modification of an offer with the
actual modification, or say offer received at the place designated for receipt
and openinq of a offer after the time and date set for receipt and opening of
offers is late. A late offer, late modification, or late withdrawal 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 procurement
activity. A late offer or late modification that will not be considered for
award shall be returned to the bidder unopened as soon as practicable and
accompanied b a letter from the procurement activity stating the reason for
its return. I late withdrawal request shall be responded to with a statement
of the reason for non-acceptance of the withdrawal.
GENnAL TERMS AND CONDITIONS -6- JULY 1, 1994
2.12 MISTAKES IN BIDS
(A) A bidder maycorrect a mistake in bid discovered before the time and
date set for bid opening by withdrawing or correcting the bid as provided in
section 2.8.
(B) Correction or withdrawal of a bid after the time and date set for
bid opening because of an inadvertent, nonjudgmental mistake in the bid
requires careful consideration to protect the sntegritx of the competitive
bidding system. and to assure fairness. If the mistake is attributable to an
error in Judgment, the bid may not be corrected. Bid correction or withdrawal
by reason of a nonjudgmental mistake is permissible but only to the extent it
is not contrary to the interest of the governmental agency or the fair
treatment of other bidders.
(C)- When, after bid opening but before award,. the procurement officer
knows or has reason to conclude that a mistake has been made, including
obvious, apparent errors on the face of the bid or a bid unreasonably -lower
than the other bids is submitted, such officer should raciest the bidder to
confirm the bid, and if the bidder alleges mistake, the bid may be corrected
or withdrawn by the bidder if the conditions under paragraphs (D) and (E) of
this section are met and if the mistake is a minor informality which is a
matter of form rather than substance evident from the bid document, or an
insignificant mistake that can be waived by the procurement officer or
corrected by the bidder without prejudice to other bidders depending on which
is in the best interest of the governmental jurisdiction soliciting the bid;
that is, the effect on price, quantity,quality, delivery, or contractual
conditions is negligible. Ezamples include the failure of a bidder to:
return the number of signed bids required by the IFB to sign the bid, but only
if the unsigned bid is accompanied by other material indicating the bidder's
intent to be bound; or to acknowledge receipt of an amendment to the IFB (if
such acknolegement is required by the IFB) but only if it is clear from the
bid that the bidder received the amendment and intended to be bound by its
terms; or the amendment involved had a negligible effect on price, quantity,
quality, or delivery.
If the mistake and the intended correct bid are clearly evident on the
face of the bid document, the bid shall be corrected to the intended correct
bid and may not be withdrawn. Examples of such mistakes include:
typographical errors; errors .in extending unit prices; transposition errors;
Aal arithmetical errors. In the event of a discrepancy between unit bid
prices and extensions, the unit price shall govern. In case of error in
addition, the sum of the total amount offered for each item added shall govern.
A bidder map be permitted to withdraw a low bid if a mistake is clearly
evident on the face of the bid document but the intended, correct bid is not
similarly evident; or the bidder submits proof of evidentiary value which
clearly and convincingly demonstrates that a mistake was made.
(D) A bidder may not correct a mistake in bid discovered after award of
the contract except where the chief procurement officer or the head of the
purchasing agency makes a written determination that it would be
unconscionable not to allow the mistake to be corrected.
(E) When a bid is corrected or withdrawn, or correction or withdrawal is
denied, under (C) or (D), the chief procurement officer or the head of a
purchasing agency shall prepare a written determination showing that the
relief was granted or denied in accordance with this subchapter, except that
the procurement officer shall prepare the determination required under
paragraph (1) of subsection (C).
Mistakes shall not be corrected after award of contract.
When the procurement officer knows or has reason to conclude before award
that a mistake has been made, theprocurement officer should request the
offeror to confirm the proposal. If the offeror alleges mistake, the proposal
may be corrected or withdrawn pursuant to this section.
Once discussions are commenced or after best and final offers are
requested, anypriority-listed offeror say freely correct any mistake b
modifying or witEdrawing the proposal until the time and date not for receip
of best and final offers.
GENERAL TERMS AND CONDITIONS -7- JULY 11 1994
If discussions are not held, or if the best and final offers upon which
award will be made have been received, mistakes shall be corrected to the
intended correct offer whenever the mistake and the intended correct offer are
clearly evident on the face of the proposal, in which event the proposal may
not be withdrawn.
If discussions are not held, or if the best and final offers upon which
award will be made have been received, an offeror alleging a material mistake
of fact which makes a proposal nonresponsive may be permitted to withdraw the
proposal if: the mistake is clearly evident on the face of the proposal but
the intended correct offer is not; or the offeror submits evidence which
clearly and convincingly demonstrates that a mistake was made.
Technical irregularities are matters of form rather than substance
evident from the proposal document, or insignificant mistakes that can be
waived or corrected without prejudice to other offerors; that is, when there
is no effect on price, quality, or quantity. If discussions are not held or
if best and final offers .upon which award will be made have been received, the
procurement officer may waive such irregularities or allow an offeror to
correct them if. either is in the best, interest of the County of Hawaii.
Examples include the failure of an offeror to: return the number of signed
proposals required by the request for proposal; sign the proposal, but only if
the unsigned proposal is accompanied by other material indicating the
offeror's intent to be bound; or to acknowledge receipt of an amendment to the
request for proposal, but -only if it is clear from the proposal that the
offeror received the amendment and intended to be bound by its terms; or the
amendment involved had no effect on price, quality or quantity.
2.14 OFrER INSPECTION
Offers to competitive sealed bids may be inspected only as provided for
in Section 2.9, above, and after award of contract. Durin the evaluation and
award recommendation period, offers will not be available for inspection. ror
the competitive sealed proposals the proposals shall be made available for
public inspection after contract award.
An offeror shall be disqualified and his offer automatically rejected for
any one or more of the following reasons: proof of collusion, in which case,
all offers involved in the collusive action will be rejected and any
participant to such collusion will be barred from future solicitations until
reinstated; offeror's lack of responsibility and cooperation as shown by past
work or services; offeror's being in arrears on existing contracts with the
County of Hawaii or having defaulted on previous contracts; offeror's lack of
proper equipment and/or sufficient experience to perform the work
contemplated; offeror does not possess proper license to cover the type of
work contemplated, if required; offerors delivery of the offer after the
deadline specified in the public notice calling for offers, or as amended,
except as allowed -in Section 3-122-29 (1), HAR or offeror's failure to pay, or
satisfactorily settle, all bilis overdue for labor and material on former
County of Hawaii contracts at the tine of issuance of.solicitation.
Section 84-15, HES, provides as follows:
(a) An agency of the County of Hawaii shall not enter into any
contract with a legislator or an employyee or with a business in which a
legislator or an employee has a controlling interest, involving services
or propertyof a value in excess of $2,000 unless the contract is made
after public notice -and competitive bidding or proposals.
(b) An agency of the County of Hawaii shall not enter into a
contract with any person or business which is represented or assisted
personalls the natter by a person who has been an employee of the
agency -wa. in the preceding two years and who partici ated while in
County office or employment in the matter with which the contract is
directly concerned.
(c) This section shall not apply to a personal contract of
employment with the County.
GENERAL TERMS AND CONDITIONS -a- JULY 11 1994
All offerors should be certain that their bids are not in violation of
this law. The submittal form states that by submitting this offer, offeror
certifies that his offer does not pose a conflict with section 84-15, HRS.
Contracts awarded shall be void if there is a violation of section 84-15, HRS.
2.17 IRRE OFFERS
Offers will be considered irregular and shall be rejected for the
following reasons including but not limited to the following: if the offer is
unsigned by the offeror; if the required offer guaranty received separately
from the offer is not identifiable as guaranty for a specific offer, or is
received after the date and time set for the oganing; if the required offer
guaranty is not in accordance with Section 2.5 of these general terms and
conditions; if the offeror or surety fails to sign the surety bond submitted
as offer guaranty; if offeror fails to use the surety bond forth furnished by
the County of Hawaii or identical wording contained in the said form when
submitting a surety bond as proposal guaranty; if the offer shows any
non-compliance with applicable law or contains any unauthorized additions or
deletions, conditioned, incomplete, or irregular or is in anyway making the
proposal incomplete, indefinite, or ambiguous as to its meaning; or unbalanced
offers in which the price for any item is obviously out of proportion to the
prices for other items.
SECTION 3 - UUM TIOK AWARD AND =CLITION QZ r.ONTRACT
3.1 EVALUA�'I0N
A. AAWAII EXCISE AND USE TA=S
Section 103-53.5, HRS, provides as follows:
Whore the bidder or vendor is an out-of-state vendor not doing
business in the State or is a person ezempted from paying the
applicable general ezcise taz, the package bid or purchase price,
for the purpose of determininq the lowest price bid, shall be
increased by the applicable retail rate of general ezcise tax and
the applicable use taz. The lowest responsible bidder, taking into
consideration the above increases, shall be awarded the contract,
but the contract amount of any contract awarded shall be the amount
of the bid offered and shall not include the amount of the increases.
To facilitate compliance with this requirement, each bidder
possessing a Hawaii I.D. number for General Zxcise Taz License shall
enter it in the space provided, thereby attesting that he isdoing
business in the State and that he will pay such tazes on all sales
made to the County of Hawaii. Except as provided in the Special
Provisions, any bidder who cannot furnish a valid Hawaii General
Excise Taz License number in the space provided will be considered
as not doing business in the State and his bid will be evaluated
accordingly.
a. PREtEBE m !OR EKWAII P80DUCTS
Section 203D-1002, ERS, provides as follows:
Hawaii products. In any expenditure of public funds, a purchasing
agency shall review all purchase specifications in a bid or proposal
for purchase from the Hawaii products list where such products are
available, provided that the products: Meat the minimum
specifications and the selling price f.o.b. jobsite; unloaded
including applicable general ezcise taz and use taz does not ezceed
the lowest delivered price in Hawaii f.o.b. jobsitoi unloaded
including applicable general excise taz and use taz of a similar
non -Hawaii product by sore than: three per cent, where Class I
Hawaii products are involved; five per cent where class II Hawaii
products are involved; or ten per coat where Class III Hawaii
products are involved.
Where offers contain both Hawaii and non -Hawaii products, then for
the purpose of selecting the lowest offer or purchaserice osly,
the price offered for a non -Hawaii product item shall be increased
GMUMAL TEEMS AND CONDITIONS -9- JMT 11 1994
by adding thereto threeper, cent, five per cent or ten per cent where similar
Class I, Class II or Class III Hawaii product items have been offered by
another party pursuant to the preferences stated above. The lowest total
offer, taking into consideration the above preferences, 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 such preferences.
Any person desiring a preference pursuant to this subchapter, must
have the product(s) qualified and registered on the Hawaii products
list. The responsibility for qualification shall rest upon the
persondesiring the preference. The product(s) shall be found
qualified and on theHawaii products list before a preference may be
granted. Persons desiring to qualify their product(:) shall
complete according to instructions and file with the administrator,
the "Application for Hawaii Products Preference (7/02/94)" as shown
at the end of this subchapter and provide all additional information
required by the administrator.
C. PRINTING PREFERENCE
Subchapter 2, chapter 124, EAR, provides that:
All printin , binding,. and stationery work for the County of Hawaii,
or other political subdivision thereof shall be performed within the
State, including all preparatory work, presswork, bindery work, and
any otherproduction-related work, and all requests for offers or
contracts for such work shall so stipulates provided that whenever
it is established that any such work cannot be performed within the
State or that the lowest price for which such work can be procured
within the State exceeds the bid or charge of an out-of-state
manufacturer of such item by fifteen per cent, the work or any part
thereof so affected may be performed outside the State.
No payment shall be made by the County of Hawaii, or other political
subdivision thereof for printing, binding, or stationery work unless
it appears that the work was done within the State or was authorised
to be done outside the State pursuant to this section. In addition,
mmanufacturer violating a stipulation in a offer or contract that
work will be performed within the State shall be subject to a
civil penalty in an amount not to exceed the offer or contract price
to be collected b a civil action filed by the attorney general on
behalf of the County of Hawaii.
D. RECIPROCAL PREFERENCE
Subchapter 3, chapter 124, HAY, provides that:
To ensure fair and open competition for Hawaii businesses engaged in
contracting with other states, the chief procurement officer may
impose a reciprocal preference against bidders from those states
which apply preferences. The amount of the reciprocal preference
shall be equal to the amount by which the non-resident preference
exceeds any preference applied by this State.
In deterssining whether a bidder qualifies as a resident offeror, the
definition used by the other state in applying a preference shall
apply.
This section shall not apply to any transaction if the provisions of
the section conflict with any federal laws.
4 A -4 114 its) 4-4,100
Subchapter 4, chapter 3-124, HAR, provides that:
Solicitations issued by a governmental agency pursuant to section
103D-301, ERS, and consistent with section 3-122-21 HAY, shall
contain a notice stating that a price preference will beiven to
recycled products.,This price preference will be at least five per
cent of the bid price, and will be used for bid evaluation, as
specified in section 3-122-33, BAY.
GENERAL TERMS AND CONDITIONS -10- JULY 11 1294
When a purchase specifies recycled products only or when recycled
products only are offered, the price preference shall not apply.
Offerors requesting a preference shall submit a completed
certification form, as required by section 3-124-23 HAR, with each
offer. Previous certifications shall not apply unless allowed by
the solicitation.
All governmental agencies issuing, solicitations shall provide an
appropriate space for offeror to Indicate whether a recycled or a
non -recycled product is to be used or supplied and to list the
prices of the recycled or non -recycled products or both being
offered.
The preference shall be separate from any other preference allowed
by statute.
F. LOW TIS BIDS
Subchapter 5, chapter 3-122, NAR, provides that:
Low tie bids are low responsive -bids from responsible bidders that
are identical in price and which meet all the requirements and
criteria set forth in the invitation for bids.
In the discretion of the chief procurement officer or the head of a
purchasing agency, award shall be made in any permissible manner
that will resolve tie bids, including but not limited to:
Award the contract to a business providing goods produced or
manufactured in this State or to a business that otherwise
maintains a place of business in this States
Where identical low bids include the cost of delivery, award
the contract to the tie bidder farthest from the point of
delivery; and
Award the contract to the identical bidder who received the
previous award and continue to award succeeding contracts to
the same bidder so long as all low bids are identical.
Where there are multiple items in the same solititation, award
the contract on the tied bid item(s) to the bidder whose other
contract award is largest.
Award the contract to the identical bidder who received the
previous award and .continue to award succeeding contracts to
the same bidder so long as all low bids are identical.
if no permissible method will be effective in resolving tie bids and
a written determination by the procurement officer is made so
stating, award may be made by drawing lots.
3.2 ACCZEMER OF OFFER
Acceptance of offer, if any, will be made within sixty calendar days
after the opening of offers, and the prices quoted by the offeror shall remain
firm for the sixty day period. Unless otherwise provided, each individual
item or group of - items will be awarded to the responsive and responsible
offeror whose offer complies with all the solicitation requirements. In
determining the responsive and responsible offeror, offers will be evaluated
not onlyon the amounts thereof, but on all factors relating to the
satisfacory performance of the contract. Products :must be of a quality and
nature that will meet the needs and purposes of the intended use and must
conform to all resqquuirementsrescribea is the specifications. The offeror
must have the abilit to perform as called for in the contract ters:s. The
County of Hawaii shall be the sole judge of product or vendor capability. The
successful vendor will be notified by letter that the offer has been accepted
and that the vendor is being awarded the contract.
GENERAL TERMS AND CONDITIONS -11- JULY 1, 2994
If the offer is rejected or if the vendor- to whom the contract was
awarded fails to enter into the contract and furnish satisfactory security, if
applicable, the purchasing agency may, at their discretion, award the contract
to the next lowest or remaining responsible offeror or maX publish another
call for offers; provided in the case of only one remaining responsible
offeror, the head of a purchasing aggency may negotiate with such bidder to
reduce the scope of work, if avaslable funds are exceeded, and to award the
contract at a price which reflects the reduction in the scope of work.
The head of a purchasing agency further reserves the right to cancel the
contract award at any time prior to execution of said contract by all parties,
without any liability to the awardee and to any other offeror.
This section shall not apply to any contract .in Which the total amount
payable to the contractor cannot be accurately estimated at the time the
contract is to be awarded.
In cases where the contract award amounts to 110,000 or more the County
of Hawaii shall forward a formal contract to the successful offeror for
execution. (Refer to Exhibit A for agreement form.) The contract shall be
signed by the successful vendor and returnedtogether With a satisfactory
contract bond if required, and other supporting documents, within ten days
after receipt by the vendor or. within such .further time as the procurement
officer may allow.
No such contract shall be considered binding upon the County of Hawaii
until the contract has been fully and properly executed by all the parties
thereto and the Directof of Finance has, in accordance with the County
Charter, endorsed thereon a certificate that there is an appropriation or
balance of an appropriation over and above all outstanding contracts.
sufficient to cover the amount required by the contract) with the exception of
a multi -term contract, whereby, the Director of Finance shall only be required
to certify that there is an appropriation or balance of an appropriation over
and above all outstanding contracts, that is sufficient to cover the amount
required to be paid under the contract during the fiscal year or remaining
portion of the fiscal year of each term of the multi-year contract;
In any contract involving not only state or county funds but supplemental
funds from the federal government, this section shall be applicable only to
that portion of the contract price as is payable out of state or county
funds. As to the portion of the contract price, as is expressed in the
contract to be payable out of federal funds, the contract shall be construed
to be an agreement toay the portion to the contractor, only out of federal
funds to be received from the federal government. This paragrah shall be
liberally construed so as not to binder or impede the County o Hawaii in
contracting .for any project involving financial aid from the federal
government.
If the successful offerer is other than a sole proprietorship, it shall
submit satisfactory evidence, e.g. certificate or corporate resolution, power
of attorney or other such evidence .of authority of the signers' authority to
execute on the contract date the contract on behalf of the successful bidder.
If such document has been submitted to the purchasing agency on a previous
occasion, the successful offeror nay submit a copy of this document,provided
there has been no amendment, modification or rescission of the document
previously submitted#and provided further, that no such copy shall be
acceptable unless the .date of the document previously submitted- is dated
Within one year of the contract date. -If there has been a modification,
ameadmeat or rescission of the evidence of authority previously submitted,
then the superseding document shall be attached to the contract.
4 47.10PAUT1.1
The requirement for contract performance and payment bonds, if any, shall
be stated in the Special Provisions of the solicitation.
When required by the Special Provisions, a performance bond and a ayment
bond shall be delivered by the contractor to the County of Hawaii at the sane
time the executed contract is delivered. Each amount of the performance and
GENERAL TERMS AND CONDITIONS -12- JOLT 1, 1994
payment beads shall not exceed fifty per cent of the amount of the contract
grace; provided, for contracts where contract price cannot be determined at
the time of. award, the amounts of the bonds shall be as stated in the
solicitation.
The acceptable performance and payment bonds are the same as the
acceptable bid orppropposal security deposit specified in section 2.6. .(Refer
to Exhibits C, D, E, F, G, and 8 for the forms to be submitted.) If a surety
bond is submitted for either the performance. or payment bond, in addition to
the form prescribed, a power of attorney for the surety's attorney-in-fact
executing the bond shall be provided.
8 CONTR
If the offeror to whom a contract is awarded shall fail or neglect to
enter into the contract and to furnish satisfactory security as required by
Section 3.4 within ten. days after such award or within such further time as
the procurement officer may allow, the pkirchasing agency shall pay the amount
of offeror's proposal guaranty, as required under Section 2.6, into the County
Treasury as a realization of Y the County of Hawaii. The procurement officer
may thereupon award the contract to the next lowest responsible offeror or may
call for new offers, whichever method he may does is in the best interest of
the County of Hawaii.
All offer gquuaranties submitted as required by subchapter 24, chapter
3-122, HAR, shall .be retained until the successful offeror enters into
contract and furnishes satisfactory security or if the contract is not awarded
or entered into, until the procurement officers determination is made to
publish another call for offers. At such time, all.offer guaranties, except
surety bonds, will be returned.
The contractor agrees to deliver to the County of Hawaii, when contract
documents are executed, a certificate of insurance evidencing an y and all
insurance required by the special provisions. Said certificate shall contain
an endorsement that such insurance ma not be cancelled except upon thirty
days notice to the County of Hawaii. It shall also contain a statement to the
effect that. the County of Hawaii is named additional insured under the
policy(s), if required by the Special Provisions.
Failure of the contractor to provide and keep in force insurance
policy(s) as required shall be regarded as material default under this
contract, entitling the County of Hawaii to exercise any or all of the
remedies provided in this contract for a default of the contractor.
It is expressly understood and agreed that the contractor is an
independent contractor, with the authority to control and direct the
performance and details of the work and services herein contemplated; however,
the County of Hawaii retains the general right of inspection b a designated
representative in order to judge, whether is the County's opinion, such work
is being performed by the contractor in accordance with the terms of this
agreement.
The work shall be completed in conformity with the specifications and
each and every requirement of the general terms and conditions and other
provisions forming a part of the contract. In the event the contractor fails
to so perform, the chief procurement officer or head of the purchasing agency,
in addition to any other recourse, reserves the right to suspend tha
contractor from bidding on any or all County of Hawaii contracts pursuant to
Chapter 3-126, BATT.
GENERAL TZMG AND CONDITIONS -13- JULY 11 2994
4.3 CHANGE ORDERS AND MdDIFICATION
The contractor will not undertake to perform the portion of the work
affected by the changes until a change order or modification has been approved
and issued. (Refer to Exhibit I for Contract Modification form and Exhibit .:
for the Change Order form.)
ECTIQN 5 - LEGAL REL2alONS AND RESPON
.1 LAWS -T4_ BE OBSERVED
The contractor shall at all times observe and comply with all federal,
state and local laws or ordinances, rules and regulations which in any manner
affect those engaged or employed in the performance of the work, the
manufacture and sale of materials and equipment required under the contract,
and the conduct of the work. The contractor shall also comply with all such
orders and decrees of bodies or tribunals having any jurisdiction or authority
over the work. Any reference to such laws, ordinances, rules and regulations
shall include any amendments thereto.
The contractor shall protect and indemnify the County of Hawaii and all
its officers, agents and emp loyses against any claim or liability arising from
or based on the violation of any such laws, ordinances, rules and regulations,
orders and decrees, whether such violation is committed by the contractor or
his subcontractor or the employee or either or both. If any discrepancy or
inconsistency is discovered in the contract for the work in relation to any
such laws, ordinances, rules and regulations, orders or decrees,. the
contractor r
shall forthwith report the same to the procurement officein
writing.
5.2 PATENTED ARTICLE
The contractor will be required to, and shall mold the County of Hawaii
and its duly authorized representatives harmless against all demands, claims,
actions, suits or liabilities arisinq from the use of any patented article,
patented process or patented appliance used in connection with the contract.
Auy royalties due or becoming due for the use of any patented article or
process shall be paid by the contractor and shall be deemed to be included
xithin the proposal amount and contract price.
5.3 SUBCONTRACTING AND ASSIGNING
The contractor shall not subcontract any of the work to be performed
under his contract with the County of Hawaii, nor shall h* assign the contract
to any other person or firs without written permission from the procurement
officer, and no subcontract or assignment made without such permission will be
recognized. No subcontract shall, under any circumstances. relieve the
contractor of his obligation and liability under his contract with the County
of Hawaii, and- all persons en aged in performing the work covered by the
contract shall be considered employees of the contractor.
5.e ASSIGMCM of ANTITRUST CLAIMS
Vendor and purchaser recognise that in actual economic practice,
overchargqes resulting from antitrust -violations are in fact usually borne by
the purchaser. Therefore, vendor hereby assigns to purchaser any and a1
claims for such overcharges as to goods and materials purchased in connection
with this order or contract, except as to overcharges which result from
antitrust violations commencing after the price is established under this
order or contract and which are not passed on to the purchaser under an
escalating clause.
5.5 RESPONSIDILI Y ?OR DAMAGE CLAIMS
The contractor shall indemnify, hold harmless and defend the County of
Hawaii and its officers, employees, agents, and representatives from all
suits, actions, claims, damages, and judgements of any character that may be
GENERAL TERMS AND CONDITIONS -29- JULY 1, 2994
brought against the County of Hawaii by whomsoever, on account of any injuries
or damages sustained by any person and property, due to the negligent acts or
omissions by the contractor, or anyof his officers, employees,
subcontractors, assignees, or representatives, in the performance of the
contract. In the event the County of Hawaii and the contractor are found to
be joint tortfeasors with respect to any such injuries or damages, the
contractor's obligations to indemnify the County of Hawaii under this section
shall eztend only to the contractor's pro rata share of negligence as
determined in accordance with section 663-12, Hawaii Revised Statutes.
EERSONAL LIAB-IWTY Of P
In carrying out any of the provisions of the contract or in ezercising
any power or authority granted to there by the contract, there shall be no
liability upon the procurement officer or his authorized representatives,
either personally or as officials of the County of Hawaii, it besnq understood
that in such matters, they act solely as agents and representatives of the
County of Hawaii.
5.7 CONTRACT PROVitrnu_ TO CONSIDER TRAFFIC
Unless otherwise prohibited by law, all public contracts awarded shall
consider the extent to which the work undertaken pursuant to the contract will
increase traffic congestion. The contract small contain provisions to
reasonably minimize any adverse impact.
6.1 GENERAL
(A) This section of the general terms and conditions apply to goods and
services contracts.
(8) Pursuant to the provisions of section 103D-501, ERS, the chief
procurement officer or the head of a purchasing agency shall make a written
determination describing the circumstances ustifyinq the variation or
variations and provided that notice of any su material variation shall be
stated in the invitation for bids or requests for proposals.
(C) Any material variation from these clauses shall be described in the
solicitation documents in substantially the following forms
"General Terms and Conditions Section no. ,
entitled is not a part of the
general terms co t ons o this contract and has
been replaced by .Special Provisions clause no.
, entitled .
(D) Alternative clauses are allowed in
accommodation of differing contract situations.
6.2 CSANGES Ilf
some
instances
to permit
LUM PRICE CONTRACTS
(A) Change order. The procurement officer
written order, (Lxhibit J), and without notice to
may, at any time, by a
any surety, and subject to
all appropriate adjustments, make changes within
contract in any one or nor* the following:
the
general scope of this
of (1)
specifications, if the goods to be furnished are to be
for the Count of Havaii in
Drawings,
speciai2y
desigqnass or
a�anufactused
accordance therewith,
packing; or (1) Place of delivery.
(2)
Method of
shipment or
(B) - Adjustments of price or performance time. If any such change order
increases or decreases the contractor's cost of, or the time required for,
performance of any part of the work under this contract, whether or not
Cad by the order, an adjustment shall be made and the contract modified in
writ nq accordingly. Any adjustment in contractrice made pursuant to this
section shall be determined in accordance with the price adustment Section
6.2.
GENERAL TERMS AND CONDITIONS -25- JULY 11 2994
(C) Failure of the parties to agree to an adjustment shall not excuse
the contractor from proceeding with the contract as changed', provided that the
procurement officer promptly and duly makes such provisional adjustments in
payment or time for performance as may be reasonable. By proceeding with the
work, the contractor shall not be deemed to have prejudiced any claim for
additional compensation, or an extension of time for completion.
(D) Time period for claim. Within thirty days after receipt of a
written change order under paragraph (A). unless such period is extended by
the procurement officer.in writing, the contractor shall file notice of intent
to assert a claim for an adjustment. Later notification shall not bar the
contractor's claim unless the County is prejudiced by the delay in
notification.
(E) Claim barred after final payment. No claim by the contractor for an
adjustment hereunder shall be allowed if notice is not given prior to final
payment under this contract.
(T) other claims not barred. In the absence of such a change order,
nothing in this clause shall be deemed -to restrict the contractor's right to
pursue a claim as permitted under the contract or for breach of contract.
6.3 CHANGES IN COST-RH MMRSEMENT CONTRACTS
The provisions of Section 6.2 are also to be used for cost -reimbursement
contracts,provided further that any claims for reimbursement by the
contractor shall be in accordance with chapter 3-123, HAM, provided that if a
written determination is approved at a level above the procurement officer,
such cost principles may be modified by contract.
6.4 AUTHORZZATION JOR A STOP WOR9_ORDER
(A) Section 6.5 applies to any fized-price contract under which work
stoppage maybe required for reasons such as advancements in the state of the
art, production modifications, engineering changes, or realignment of programs.
(B) Stop work orders shall not exceed sixty consecutive days and shall
include, as appropriates (1) A clear description of the work to be
suspended; (2) Instructions as to the issuance of further orders by .the
contractor for material or services; (3) Guidance as to action to be taken on
subcontracts; and (4) Other instructions and suggestions to the contractor for
minimizing costs.
(C) ks soon as- feasible after a stop work order is issueds (1) The
contract wily be terminated; or (2) The stop work order will be canceled or
extended in writing beyond the period specified in the order.
(D) In an -event, some such action must be taken before the specified
stop work period expires. If an extension of the stop work order is
necessary, it Faust be evidenced by a supplemental agreement. Any cancellation
of a stop work order shall be subject to the same approvals as were required
for the issuance of the order.
kt3 STOP WORK ORDERS
(A) Order to stop work. The procurement officer, may, by written order
to the contractor, at any time, and without notice to any surety, require the
contractor to stop all or any part of the work called for by this contract.
This order shall be for a specified period not exceeding sixty days after the
order is delivered to the contractor, unless the parties agree to any further
period. Any such order shall be identified specificail� as a stop work order
issued pursuant to this paragraph. Upon receipt a such an order, the
contractor shall forthwith comply with its terms and take all reasonable steps
to minimize the occurrence of costs allocable to the work covered by the order
during the period of work stoppage. Before the stop work order ezpires, or
within any further period to which the parties shall have agreed, the
procurement officer "all either: (1) Cancel the stop work orders or (2)
Terminate the work covered by such order as provided in the "termination for
default clause" or the "termination for convenience clause" of this contract.
GENERAL TERMS AND CONDITIONS -15- JULY 1, 1994
(B) Cancellation or expiration of the order. If a stop work order
issued under this section is canceled at any time during the period specified
in the order, or if the period of the order or any extension thereof expires,
the contractor shall have the right to resume work. An appropriate adjustment
shall be made in the delivery schedule or contract Rrice, or both, and the
contract shall be modified in writing accordingly, if: (1) The stop work
order results in an increase in the time required for, or in the contractor's
cost properly allocable to, the performance of any part of this contract; and
(2) The contractor asserts a claim for such an adjustment within thirty days
after the end of the period of work stoppage; provided that, if the
procurement officer -decides that the facts justify such action, any such claim
asserted may be received and acted upon at any time prior to final payment
under this contract.
(C) Termination of stopped work. If a stop work order is not canceled
and the work covered by such order is terminated for default or convenience,
the reasonable costs resulting from the stop work order shall be allowable by
adjustment or otherwise.
(D) Adjustment of price. Any adjustment in contract price made pursuant
to this clause shall be determined in accordance with the price adjustment
clause of this contract.
6.6 VARIATIONS IN ESTIMAMD OUARTITIES FOR DEFINITE QQANTITy CggMACT3
Variation in quantity. Upon the agreement of the parties, the quantity
of goods or services or both specified in this contract may be increased by
maximum of ten percent provideds the snit prices will remain 'the same except
for any price adjustments otherwise applicable; and the procurement officer
makes a written determination that such an increase will either be more
economical than awarding another contract or that it would not be practical to
award another contract.
6.7 V IINDEFINIZE9UMIT-1
No clause is provided here because in indefinite quantity contracts the
flexibility as to the County's obligation to order and the contractor's
obligation to delivery should be designed to meet using agency needs.
However, the contracts Special Provisions should provide for: the
minimum quantity, if any, the County of Hawaii is obligated to order and the
contractor to provides whether there is a quantity the County of Hawaii
expects to order and bow this quanticp relates to any minimum and maximum
qquantities that may be ordered under the contract: any maximum quantic the
County of Hawaii may order and the contractor must provide: and whether the
County of Hawaii is obligated to order its actual r rements under the
contract, or in the case of a multiple award as defined in section 3-122-160,
HAR, that the County of Hawaii win order its actual requirements from the
contractors under the multiple award subject to any minimum or mazimu:m
quantity stated.
6.8 PRICE UsTw
Price adjustment. Any adjustment in contract price pursuant to a
provision in the contract shall be made in one or more of the following ways:
(A) $Ya
greement on a fixed price adjustment before commencement of the
pertinent performance or as soon thereafter as practicable;
(B) By unit prices specified in the contract or subsequently agreed upon;
(C) Bp the costs attributable to the event or situation covered by the
clause, plus appropriate profit or fee, all as specified in the
contract or subsequently agreed upon;
(D) In such other manner as the parties may mutually agree; or
(E) In the absence of agreement between the parties, by a unilateral
determination by the procurement officer of the costs attributable
to the event or situation covered by the clause, plus appropriate
Profit or fee, all as computed by the procurement officer in
accordance with generally ecceppiedd accounting principles and
applicable sections of chapters 3-123 and 3-126, RAR.
GENERAL TERMS AND CONDITIONS -27- JULY 1, 2994
Submission of cost or pricing data. The contractor shall provide cost or
ppricing data for any price adjustments subject to the provisions of subchapter
15, chapter 3-122, HAR.
6.9 ]OVATION OR CHMQE OF NAME
(A) No assignment. No County of Hawaii contract is transferable, or
otherwise assignable, without the written consent of the chief procurement
officer or the head of a purchasing agency provided, that a contractor may
assign monies receivable under a contract after due notice to the County of
Hawaii.
(B) Recognition of a successor in interest; novation. When in the best
interest of the County of Hawaii, a successor in interest may be recognized in
a novation agreement in which the transferor and the transferee shall agree
that: the transferee assumes all of the transferor's obligations; the
transferor waives all rights under the contract as against the County of
Hawaii; and unless the transferor guarantees performance of the contract by
the transferee, the transferee shall furnish all required bonds.
(C) Change of name. When a contractor requests to change the name in
which it holds a contract with the County of Hawaii, the procurement officer
responsible for the contract shall, upon receipt of a document indicating such
change of name (for example an amendment to the articles of incorporation of
the corporation), enter into as agreement with the requesting contractor to
effect such a change. of name. The agreement changing the name shall
specifically indicate that no other terms and conditions of the contract are
thereby changed.
(D) Reports. All change of name or novation agreements effected
hereunder other than py the chief procurement officer shall be reported to the
chief procurement officer within thirty days of the date that the agreement
becomes effective.
rsiActionsaffecting pre an rur inweeIIa Notwithstanding (3)
sof rrrahs(A) through (C), contractor holds
contracts with more than one purchasing agency of the County of Hawaii, the
novation or change of name agreements herein authorised shall be processed
only through the office of the chief procurement officer.
6.10 CLAIMS BASED ON A PR0M22KI OFfJCER'S ACTIONS OR OMISSIONS
(A) Vatice of Claim. If any action or omission on the part of a
procurement officer or designee of such officer, requiring performance changes
within the scope of the contract constitutes the basis for a claim by the
contractor for additional compensation, damages, or an extension of time for
completion, the contractor shall continue with performance of the contract in
compliance with the directions or orders of such officials, but by so doing,
the contractor shall not be deemed to have prejudiced any claim for additional
compensation, damages, or an extension of time for completion; provideds
(1) The contractor shall have given written notice to the procurement
officer or designee of such officers Prior to the commencement of
the work involved, if at that time the contractor knows of the
occurrence of such action or omission; Within thirty days after the
contractor did not have such knowledge prior to the commencement of
the work; or Within such further time as may be allowed by the
procurement officer in writing.
This notice shall state that the contractor regards the act or omission
as a reason which may entitle the contractor- to additional compensation,
damages, or an extension of time. The procurement officer or designee of such
officer, upon receipt of such notice may rescind such action, remedy such
omission, or take such other steps as may be deemed advisable in the
discretion of the procurement officer or designee of such officer;
(2) The notice required by subparagraph (1) describes as clearly as
practicable at the time the reasons why the contractor believes that
additional comlmnsation. damages, or an extension of time may be
remedies to which the contractor is entitled; and
GSNEBAL TERMS AND CONDITIONS -Is- JVLT 1, 2994
(3) The contractor maintains and, upon request, makes available to the
procurement officer within a reasonable time, detailed records to
the extent practicable, of the claimed additional costs or basis for
an extension of time in connection with such changes.
(B) Limitation of clause. Nothing herein contained, shall excuse the
contractor from compliance with anX rules of law precluding any County
officers and any contractors from acting in collusion or bad faith in issuing
or performing change orders which are clearly not within the scope of the
contract.
(C) Adjustments of price Any adjustment in the contract price made
pursuant to this clause shall be determined in accordance with the price
adjustment clause of the contract.
4 4 �1.! VXN . - _ !
(A) Termination for default. If the contractor refuses or fails to
perform any of the provisions of this contract with such diligence as will
ensure its completion within the time specified in this contract, or any
extension thereof, otherwise fails to timely satisfy the contract provisions,
or commits anyother substantial breach of this contract, the procurement
officer may notify. the contractor in writing of the delay or non .performance,
and if not cured in tea days or any longer time specified in vra,tinqby the
procurement officer, such officer may terminate the contractor's right to
proceed with the contract or such part of the contract as to which there has
been delay or a failure to properly perform. In the event of termination in
whole or in part, the procurement officer may procure similar goods or
services in a manner and upon terms deemed appropriate by the procurement
officer. The contractor shall continue performance of the contract to the
extent it is not terminated and shall be liable for excess costs incurred in
procuring similar goods or services.
(8) Contractor's duties. Notwithstanding termination of the contract
and subject to any directions from the procurement officer, the contractor
shall take timely, reasonable, and necessary action to protect and preserve
property in the possession of the contractor in which the County of Hawaii has
an interest.
(C) -Compensation. Payment for completed goods delivered and accepted by
the County of Hawaii shall be at the contract price. Payment for the
protection and preservation of pro arty shall be in an amount agreed upon by
the contractor and procurement cNicers if the parties fail to agree, the
procurement officer shall set an amount subject to the contractors rights
under chapter 126, EAR. The County of Hawai may withhold from amounts due
the contractor such sums as the procurement officer deems to be necessary to
protect the County of Hawaii against loss because of outstanding liens or
claims of former lion holders and to reimburse the County of Hawaii for the
excess costs incurred in procuring similar goods and services.
(D) Lacuse for nonperformance or delayed performance. Ezeept with
respect to defaults of subcontractors, the contractor shall not be in default
by reason of any failure in performance of this contract in accordance with
its terms, including any failure by the contractor to make progress in the
prosecution of the work hereunder which endangers such performance, if the
contractor has notified tho procurement officer within fifteen days after the
cause of the delay and the failure arises out of causes such ass acts of Gods
acts of the public essomys acts of the State and any other governmental body in
its sovereign or contractual capacity; fires; floodss epidemics; quarantine
restrictions; strikes or other labor disputes; freight embargoes; or unusually
severe weather. If the failure to perform is caused by the failure of a
subcontractor to perform: or to make progress, and if such failure arises out
of causes similar to those sat forth above, the contractor shall not be doomed
to be in default, unless the goods or 'services to be furnished by the
subcontractor were unreasonably obtainable from other sources in sufficient
time to permit the contractor to meet the contract requirements.
Upon request of the contractor, the procurement officer shall ascertain
the facts and extent of such failure, and, if such officer determines that any
failure to perform was occasioned by any one or more of the excusable causes,
and that, but for the excusable cause, the contractor's progress and
GENERAL TZ MS AND CONDITIONS -29- JULY 1, 2994
performance would have met the terms of the contract, the delivery schedule
shall be revised accordingly, subject to the rights of the County of Hawaii
under the clause entitled in fixed-price contracts, "Termination for
Convenience" and in.cost-reimbursement contract, "Termination". As used in
this paragraph of this clause, the term "subcontractor" means subcontractor at
any tier.
(E) Erroneous termination for default. If, after notice of termination
of the contractor's right to proceed under the provisions of this clause, it
is determined for any reason that the contractor was not in default under the
provisions of the clause, or that the delay was excusable under the provisions
of paragraph (4), Excuse for nonperformance or delayed performance of this
clause, the rights and obligations of the parties shall, if the contract
contains a clause providing for termination for convenience of the County of
Hawaii, be the same as if the notice of termination had been issued pursuant
to such clause. If, in the foregoing circumstances, this contract does not
contain a clause providing for termination for convenience of the County of
Hawaii, the contract shall be ad??.usted to compensate for such termination and
the contract modified accordingly subject to the contractor's rights under
chapter 3-126, HAR.
(F) Additional rights and remedies. The rights and remedies provided in
this clause are in addition to any-other rights and remedies provided by law
or under this contract.
6.12 LIOVIDATED DAMAGES
(A) The following is for goods or services contracts when it is
difficult to determine with reasonable accuracy the amount of damage to the
County of Hawaii due to delays caused by late contractor performance or
nonperformance and the 'contract contains the termination for default clause
set forth in section 3-125-11, HAR.
(1) Liqquuidated damages. When the contractor is given notice of
delayor nonperformance as specified in Section 5.11(k)
termination for default clause of this contract and fails to
cure in the time specified, the contractor shall be liable for
damages for delay in the dollar amount specified in the
liquidated damages provision of the Special Provisions, if any,
per calendar day from date not for cure until either the County
of Hawaii reasonably obtains similar goods or services if the
contractor is terminated for default, or until the contractor
provides the supplies or services if the contractor is. not
terminated for default. To the extent that the contractor's
delay or nonperformance is excused under paragraph 6.11(D),
excuse for nonperformance or delayed performance of the
termination for default clause of this contract, liquidated
damages shall not be due the County of Hawaii. The contractor
remains liable for damages caused other than by delay.
(B) If the contract will not have a termination for default clause and
the liquidated damages are to be assessed for reasons other than delay, the
chief procurement officer or the head of a purchasing agency may approve the
use of any appropriate liquidated damages clause.
(A) Termination for convenience. The procurement officer may, when the
interests of the County of Hawaii so require, terminate this contract in whole
or in part, for the convenience of the County of Hawaii. The procurement
officer shall give written notice of the termination to the contractor
specifyinq the part of the contract terminated and when termination becomes
efffecttiive.
(8) Contractor's obligations. The contractor shall incur no further
obligations in connection with the terminated work and on the dates set in the
notice of termination the contractor will stop work to the extent specified.
The contractor shall also terminate outstanding orders and subcontracts as
they relate to the terminated work. The contractor shall settle the
liabilities and claims arising out of the termination of subcontracts and
orders connected with the terminated work. The procurement officer may direct
the contractor to assign the contractor's right, title, and interest under
terminated orders or subcontracts to the County of Hawaii. The contractor
must still complete the work not terminated by the notice of termination and
may incur obligations as are necessary to do to.
GENEM TERMS AND CONDITIONS -20- JULY 1, 2994
(C) Right to goods. The procurement officer may require the contractor
to transfer title and deliver to the County of Hawaii in the manner and to the
extent directed by the procurement officer: any completed goods; and the
partially completed goods and materials, parts, tools, dies, 3igs, fixtures,
plans, drawings, information, and contract rights, hereinafter called
"manufacturingmaterial," as the contractor has specifically produced or
specially acquired for the performance of the terminated part of this contract.
.The contractor shall, upon direction of the procurement officer, protect and
ppreserve property ,in the possession of the contractor in which the County of
Hawaii has an interest. If the procurement officer does not exercise this
right, the contractor shall use best the contractor's efforts to sell such
goods and manufacturing materials. Use of this section in no wap implies that
the County.of Hawaii has breached the contract by exercise of the termination
for convenience clause.
(D) Compensation:
(1) The contractor shall submit a termination claim specifying the
amounts due based on the termination for convenience together
with cost or pricing data to the extent required by subchapter
15, chapter 3-122, HAR, bearing on such claim. If the
contractor fails to file a termination claim within oneyear
from the effective date of termination, the procurement officer
may pay the contractor, if at all, an amount sat in accordance
with subparagraph (3) below.
(2) The procurement officer and the contractor may agree to
settlement provided the contractor has filed a termination
claim supported by cost or pricing data to the extent re ired
by subchapter 15, chapter 3-122, HAR, and that the settlement
does not exceed the total contract price plus settlement costs
reduced by payments previously made bjy the County of Hawaii,
the proceeds of an sales of goods and manufacturing materials
under paragraph (c), and the contract price of the work not
terminated.
(3) Absent complete agreement under subparagraph '(2), the
procurement officer shall pay the contractor the following
amounts, provided payments agreed to under subparagraph (2)
shall not duplicate payments under this subparagraph for the
following:
(a) Contract prices for goods or services accepted under the
contract;
(b) Costs incurred in preparation and performing the
terminated portion of the work plus a fair and reasonable
profit on such portion of the .cork, such profit shall not
include anticipatory profit or consequential damages, less
amounts paid or to be paid for accepted goods or services;
provided, that if it appears that the contractor would
nave sustained a loss irthe entire contract would have
been completed, no profit shall be allowed or included and
the amount of compensation shall be reduced to reflect the
anticipated rate of loss;
(C) Costs of settling and paying claims arising out of the
termination of subcontracts or orders pursuant to
pparagraph (3) of this clause. These costs must not
iaclude costs paid in accordance with subparagraph (3)(b).
(d) The reasonable settlement. costs of the contractor
includipq accounting, legal, clerical, and other expenses
reasonably necessary for the preparation of settlement
claims and supporting data with respect to the terminated
portion of the Contract and for the termination of
subcontracts thereunder, together with reasonable storage,
transportation, and other costs incurred in connection
with the protection or disposition of property allocable
to the terminated portion of this contract. The total sus
GENERAL TERMS AND CONDITIONS -22- JULY 1, 2994
to be paid the contractor under this subparagraph shall
not exceed the total contract price plus the reasonable
settlement costs of the contractor reduced by the amount
of payments otherwise made, the proceeds of any sales of
goods and manufacturing materials under paragraph (C), and
the contract price of work not terminated.
(4) Cost claimed, agreed to, or established under subparagraph (2)
and (3) shall be in accordance with -chapter 3-123, W.
6.14 TERMINATION FOR COST-REIMMSEMENT CONTRACTS
Termination for cost -reimbursement contracts. The only cost
recognized as allowable shall be in accordance with the cost
principles set forth in chapter 3-123, EAR, provided that if a
written determination is approved at a level above the procurement
officer, such cost principle may be modified by contract.
6.15 DISPUTES
(A) A21 controversies between the Countx of Hawaii and the contractor
which arise under, or are by virtue of, this contract and which are not
resolved by mutual agreement, shall be decided by the procurement officer'in
writing, within one hundred twenty calendar days after a written request by
the contractor for a final decision concerning the controversy; provided that
if the procurement officer does not issue a written decision, or within such
longer period as may be agreed upon by the parties, then the contractor may
proceed as if an adverse decision had been received.
(B) The procurement officer shall immediately furnish a copy of the
decision to the contractor, by certified mail, return receipt requested, or by
any other method that provides evidence of receipt.
(C) Any such decision shall be final and conclusive, unless fraudulent,
or the contractor brings an action seeking judicial review of the decision in
the circuit court of the State within the six months from the date of receipt
of the decision.
(D) The contractor shall comply with any decision of the procurement
officer and proceed diligently with ppeerformance of this contract pending final
resolution by the circuit court of this State of any controversy arising
under, or by virtue of, this contract, azcept where there has been a material
breach of contract by the County of Hawaii; provided that in any event the
contractor shall proceed diligently with the performance of the contract where
the chief procurement officer has made a written determination that
continuation of work under the contract is essential to the public health and
safety.
6.15 REMEDIES
Any dispute arising under or out of this contract is subject to chapter
3-126, RAR.
SECTION L PAYMENT
7.1 bj T= OF PAYMENT
The method of pa at under the contract shall be as set forth in the
Special Provisions. ?nrther, payment to the Contractor shall be made in
accordance contract provision at the contracted price(s). Invoices shall be
payable upon certification by authorised County of Hawaii personnel that the
contractor has satisfactorily performed the work required herein.
In accordance with section 103-53, HRS, final payment under any contract
of 510.440 or more shall not be made until the Contractor has filed with the
purchasing agency a tax clearance from the State Director of Taxation that all
delinquent taxes levied or accrued under State "statutes have been paid.
Interest on amounts ultimately determined to be due to a contractor or
the County of Hawaii shall be payable at the statuto rate applicable to
judgments against the County of 'Hawaii under chapter 662, HRS, from the date
the claim arose through the date of decision or judgment, whichever is later.
GENERAL TELMS AND CONDITIONS -22- JULY 1, 2994
(EXHIBIT -A)
AGREEMENT
THIS AGREEMENT, made and entered in to as of
the day of J A. D,
19 , by and between the COUNTY OF HAWAII, hereinafter called
the "County" , through its Mayor and
of
hereinafter called the "Contractor".
E I I N E.5 1 Z T h I JU A 1:
WHEREAS, the written offer of the Contractor has been
accepted by the County of Hawaii as the responsive and
responsible offer submitted pursuant to a call for offers:
NOW, THEREFORE, in consideration of the mutual
promises hereinafter set forth, the parties agree as follows:
A. -Scone of Work The Contractor agrees to perform
the following work:
all
in strict accordance with the terms and conditions of this
Agreement. It is understood that this Agreement includes as a
part hereof the General Terms and Conditions, dated July 1,
1994 and the Invitation for Bids No. or
Request for Proposal No. including the offer,
Special Provisions and Specifications contained therein, which
are attached hereto.
AGREEMENT (EXHIBIT A) -1- July 1, 1994
B.' Comvensgtion. As compensation for the work to be
performed by the Contractor, the County agrees to pay the
Contractor
at the time and in the
manner set forth in the Offer Specifications.
IN WITNESS WHEREOF, the parties have executed this
Agreement, effective the day and year first above written.
COUNTY OF HAWAII
By
STEPHEN R. YAMASHIRO
MAYOR
By
CONTRACTOR
By
Its
(Affix Corporate Seal,
if applicable) By
Its
Approved as to Form and Legality:
Corporation Counsel Date
Recommend Approval:
Department Head Date
AGREEMENT (EXHIBIT A) -2- July 1, 1994
(EXHIBIT B)
SURETY BID OR PROPOSAL BOND
Bond No.
MOW ALL MEN BY THESE PRESENTS:
That we, rFull name or legal title of offerorl as Principal,
hereinafter called the Principal, and ihonding comvanvl, a
corporation duly licensed for the purpose of making, guaranteeing,
or becoming sole surety upon bonds or undertakings required or
authorized by the laws of the State of Hawaii, as Surety,
hereinafter called the Surety, are held and firmly bound unto the
County of Hawaii, as Owner, in the penal sum of [Required amount of
offer lecuritvl 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.
WiS:
The Principal has submitted an offer for fProiect by number and
brie descriRti0n•
NOW, THEREFORE:
The condition ofthisobligation is such -that if the County of
Hawaii shall reject said offer, or in the alternate, accept the
offer of the Principal and the Principal shall enter into a Contract
with the County of Hawaii 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 , 19
(Principal)
By
Its
(Surety)
By
Its Attorney -in -Fact
SURETY BID OR PROPOSAL BOND (EXHIBIT B) July I, 1994
(EXHIBIT C)
SURETY PERFORMANCE BORT}
Bond No.
KNOW ALL MEN BY THESE PRESENTS:
That we, [Full name ,or legal title of Contractor and street
address], as principal, hereinafter called Contractor, and iBondina
companvl, a corporation duly licensed for the purpose of making,
guaranteeing, or becoming sole surety upon bonds or undertakings
required or authorized by the laws of the State of Hawaii, as
surety,- hereinafter called the Surety, are held and firmly bound
unto County of Hawaii, its successors and assigns, as Obligee,
hereinafter called Obligee, in the amount of [Required amount of the
bond] dollars ($ ), lawful money of the United Sates of
America, for the payment of which to the said Obligee, well and
truly to be made, Contractor and Surety bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS:
The Contractor has by written agreement dated [Date of
contract] entered into a contract with Obligee for [Project by
number and brief description], and is hereinafter referred to as the
Contract.
NOW, THEREFORE
The condition of this obligation is such that, if Contractor
shall promptly and faithfully -perform' said Contract then this
obligation. shall be null and void; otherwise it shall remain in full
force and effect. The Surety hereby waives notice of any alteration
or extension of time made by the Obligee and its obligation is not
affected by any such alteration or extension provided the same is
within the scope of the contract. Whenever Contractor shall be, and
is declared by Obligee to be in default under the Contract, the
Obligee having performed its obligations thereunder, the Surety may
promptly remedy the default or shall promptly:
1) Complete the Contract in accordance with its terms and
conditions; or
2) Obtain an offer or offers for completing the Contract in
accordance with its terms and conditions, and upon
determination by the Obligee and the Surety jointly of the
responsive and responsible offeror, arrange for a contract
between such offeror and the Obligee, and make available
as work progresses (even though there should be a default
or a succession of defaults under the contract or
contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the
SURETY PERFORMANCE BOND -1- (EXHIBIT C) July 1, 1994
balance of the contract price; but not exceeding,
including other costs and damages for which the Surety may
be liable hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the contract
price," as used in this paragraph, shall mean the total
amount payable by Obligee to Contractor under the Contract
and any amendments thereto, less the amount paid by County
of Hawaii to Contractor. No right of action shall accrue
on this bond to or for the use of any person or
corporation other than the Obligee.
Signed and sealed this day of , 19
(Principal) (SEAL)
:By
Its
'ABY
Its
(Surety) (SEAL)
*B
Its Attorney -in -Fact
*ALL SIGNATURES MUST BE ACKNOWLEDGED
BY A NOTARY PUBLIC
SURETY PERFORMANCE BOND -2- (EXHIBIT C) July 1, 1994
(EXHIBIT D)
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That [Full name or legal title of Contractor and street
address], hereinafter called Obligor, is firmly bound unto the
County of Hawaii, its successors and assigns, hereinafter called
Obligee, in the amount of [Required amount of the bond] dollars
($ ), lawful money of the United States of America, for
the payment of which the Obligor does hereby bind
himself/herself/itself and his/her/its heirs, executors,
administrators, successors and assigns, jointly and severally,
firmly by these presents.
As security for the above
[Legal tender; certificate of
cashier's, treasurer's, teller's
the amount of [Required amount o
WHEREAS:
fobligation, Obligor attaches hereto
deposit; share certificate; and/or
official or certified check(s)]'in
bond] dollars ($ ).
The Obligor has by written agreement dated [Date of contract]
entered into a contract with Obligee for [Project by number and
brief descrivtionl, and is hereinafter referred to as the Contract.
NOW, THEREFORE:
The condition of this obligation is such that if the Obligor
shall promptly and faithfully perform said Contract then this
obligation shall be null and void; otherwise it shall remain in full
force and effect. The Obligor hereby waives notice - of any
alteration or extension of time made by the Obligee and its
obligation is not affected by any such alteration or extension
provided the same is within the scope of the contract. Whenever
Obligor shall be, and is declared by Obligee to be in default under
the Contract, the Obligee having performed .its obligations
thereunder:
1) The Obligor may promptly_ remedy the default or shall
promptly complete the Contract in accordance with its
terms and conditions; or
2) If the Obligor fails to promptly remedy the default or
complete the contract in accordance with its terms and
conditions, the Obligee shall arrange- for a contract
between another Contractor and the Obligee, and the
Obligee will pay the cost of completing the contract, plus
any administrative costs incurred by the Obligee in
securing another contract or contracts, less the balance
of -the contract price from the security amount set forth
in the first paragraph above (even though there should be
a default or a succession of defaults under the contract
PERFORMANCE BOND -1- (EXHIBIT D) July 1, 1994
or contracts of completion arranged under this paragraph);
but not exceeding the amount set forth in the first
paragraph hereof. The term "balance of the contract
price,' as used in this paragraph, shall mean the total
amount payable by Obligee to Obligor under the Contract
and any amendments thereto, less the amount properly paid
by Obligee to Obligor. No right of action shall accrue on
this bond to or for the use of any person or corporation
other than the Obligee.
Signed and sealed this day of , 19
(Principal) (SEAL)
*gy
Its
Its
*ALL SIGNATURES MUST BE ACKNOWLEDGED
BY A NOTARY PUBLIC
PERFORMANCE BOND -2- (EXHIBIT D) July 1, 1994
(EXHIBIT E)
SURETY LABOR AND MATERIAL PAYMENT BOND
Bond No..
KNOW ALL MEN BY THESE PRESENTS:
That [Full name or legal title of Contractor and. street
address] as Principal, hereinafter called Contractor, and [Bonding
Company], a corporation duly licensed for the purpose of making,
guaranteeing, or becoming sole surety upon bonds or undertakings
required or authorized by the laws of the State of Hawaii, as
Surety, hereinafter called Surety, are held and firmly bound unto
the County of Hawaii as Obligee, hereinafter called Obligee, for the
use and benefit of claimants as hereinbelow defined, in the amount
of [Required amount of bond] dollars ($ ) for the
payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
i'.'; " I; * i:i�-'fa
The Contractor has by written agreement dated [Date of
contract], entered into a contract with Obligee for [Project by
number and brief description], and is hereinafter referred to as the
Contract.
NOW, THEREFORE:
The condition of this obligation is such that, if Contractor
shall promptly make payment to all claimants as hereinafter defined,
for all labor and material used or reasonably required for use in
the performance of the Contract, then this obligation shall be void;
otherwise it shall remain in full force and effect, subject,
however, to the following conditions:
1) A claimant is defined as one having direct contract with
the Contractor or with a Subcontractor of the Contractor
for labor, material, or both, used or reasonably required
for use in the performance of the Contract, labor and
material being construed to include that part of water,
gas, power, light, heat, oil, gasoline, telephone service,
or rental of equipment directly applicable to the Contract.
2) The above-named Contractor and Surety hereby jointly and
severally agree with the Obligee that every claimant as
herein defined, who has not been paid in full before the
expiration of a period on ninety (90) days after the date
on which the last of such claimant's work or labor was
done or performed, or materials were furnished by such
claimant, may sue on this bond for the use of such
claimant, prosecute the suit to final judgment for such
SURETY LABOR AND MATERIAL PAYMENT BOND -1- (EXHIBIT E) July 1, 1994
sum or sums as may be justly due claimant, and have
execution thereon. The Obligee shall not be liable for
the payment of any costs or expenses of any such suit.
3) No suit or action shall be commenced hereunder by any
. claimants
a) Unless claimant, other than one having a direct
contr.act with the Contractor, shall have given
written notice to any two of the following: the
Contractor, the Obligee, or the Surety above named,
within ninety (90) days after such claimant did or
performed the last of the work or labor, or furnished
the last of the materials for which said claim is
made, stating With substantial accuracy the amount
claimed and the name of the party to whom the
materials were furnished, or for whom the work or
labor was done or performed. Such notice shall be
personally served or served by mailing the same by
registered mail or certified mail, postage prepaid,
in an envelope addressed to the Contractor at any
place the Contractor maintains an office or conducts
its business.
b) After the expiration of one (1) year following the
date on which the last of the labor was performed or
material was supplied by the party bringing suit.
c) Other than in a court of competent jurisdiction of
the county or district in which the construction
contract was to be performed.
4) The. amount of this bond shall be reduced by and to the
extent of any payment or payments made in good faith
hereunder, inclusive of the payment by Surety of
mechanics' liens which may be filed of record against said
improvement, whether or not claim for the amount of such
lien be presented under and against this bond.
SURETY LABOR AND MATERIAL PAYMENT BOND -2- (EXHIBIT E) July 1, 1994
Signed and sealed this day of , 19
*ALL SIGNATURES MUST BE
ACKNOWLEDGED BY A
NOTARY PUBLIC
(Principal) (SEAL)
*By
Its
*By
Its
(Surety) (SEAL)
*By
Its Attorney -in -Fact
SURETY LABOR AND MATERIAL PAYMENT BOND -3- (MMIBIT E) July 1, 1994
(EXHIBIT F)
LABOR AND PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That [Full name or legal title of Contractor and street
address] hereinafter called Obligor, is held and firmly bound unto
County of Hawaii as Obligee, hereinafter called Obligee, for the use
and benefit of claimants- as hereinbelow defined, in the amount of
[Required amount of bond] dollars ($ ) for the payment
of which the Obligor does hereby bind himself/herself/itself and
his/her/its heirs, executors, administrators, successors -and
assigns, jointly and severally, firmly by these presents.
As security for the above obligation, Obligor attaches hereto
[Legal tender; certificate of deposit; share certificate; and/or
cashier's, treasurer's, teller's, official or certified check(s)] in
the amount of [Required amount of bond] dollars ($ ).
WHEREAS:
The Obligor has by written agreement dated [Date of contract],
entered into a contract with Obligee for [Project by number and
brief description], and is hereinafter referred to as the Contract.
NOW, THEREFORE:
The condition of this obligation is such that, if Obligor shall
promptly make payment to all claimants as hereinafter defined, for
all labor and material used or reasonably required for use in the
performance of the Contract, then this obligation shall be void;
otherwise it shall remain in full force and effect, subject,
however, to the following conditions:
1) A claimant is defined as one having a direct contract with
the Obligor or with a Subcontractor of the Obligor for
labor, material, or both, used or reasonably required for
use in the performance of the Contract, labor and
material, being construed to include that part of water,
gas, power, light, heat, oil, gasoline, telephone service,
or rental of equipment directly applicable to the Contract.
2) The above-named Obligor agrees with the Obligee that every
claimant as herein defined, who has not been paid in'full
before the expiration of a period of ninety (90) days
after the date on which the last of such claimant's work
or labor was done or performed, or materials were
furnished by such claimant, may sue on this bond for the
use of such claimant, prosecute the suit to final judgment
for such sum or sums as may be justly due claimant, and
have execution thereon. The Obligee shall not be liable
for the payment of any costs or expenses of any such suit.
LABOR AND MATERIAL PAYMENT BOND -1- (EXHIBIT F) July 1, 1994
3) No suit or action shall be commenced hereunder by any
claimant:
a) Unless claimant, other than one having a direct
contract with the Obligor, shall have given written
notice to the Obligor and the Obligee within ninety
(90) days after such claimant did or performed the
last of the work or labor, or furnished the last of
the materials for which said claim is made, stating
with substantial accuracy the amount claimed and the
name of. the party to whom the materials were
furnished, or for whom the work or labor was done or
performed. Such notice shall be personally served or
served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope
addressed to the Obligor at any place the Obligor
maintains as office or conducts its business.
b) After the expiration of one (1) year following the
date on which the last of the labor was performed or
material was supplied by the party bringing suit.
c) Other than in a court of competent jurisdiction for
the county or district in which the construction
contract was to be performed.
4) The amount of this bond shall be reduced by and to the
extent of any payment_ or payments made- in good faith
hereunder.
Signed and sealed this day of 19 .
(Obligor) (SEAL)
By—
Its
'By
Its
'ALL SIGNATURES MUST BE ACKNOWLEDGED
BY A NOTARY PUBLIC
LABOR AND MATERIAL PAYMENT BOND -2- - (EXHIBIT F) July 1, 1994
(EXHIBIT G)
[FOR USE WITH PERFORMANCE AND PAYMENT BONDS]
STATE OF }
SS.
COUNTY OF )
On this day of 19 ,
before me appeared
and to me personally known,
who, being by me duly sworn, did say that he/she/they is/are
and
7-14
the Contractor named in the foregoing instrument, and that
he/she/they is/are authorized to sign said instrument in behalf of
the Contractor, and acknowledges that he/she/they executed said
instrument.as the free act and deed of the Contractor. .
(Notary Seal)
Notary Public
State of
My commission expires:
CONTRACTOR'S ACKNOWLEDGEMENT BOND - (EXHIBIT G) July 1, 1994
(EXHIBIT H)
[FOR USE WITH SURETY PERFORMANCE AND PAYMENT BONDS]
SURETY ACKNOWLEDGMENT:
STATE OF )
SS.
COUNTY OF )
On this day of 0 19 ,
before me personally came
and
to me known, who, being
by me duly sworn, did depose and say that resides
in that is the
Attorney -in -Fact. of the corporation
described in and which executed the attached instrument;
that knows corporate seal of the said corporation; that
the seal affixed to the said instrument is such corporate seal; and
that it was so affixed by order of the Hoard of Directors of the
said corporation; and that signed name thereto
by like order.
(Notary Seal)
SURETY BOND ACKNOWLEDGEMENT
Notary Public
State of
My commission expires:
(EXHIBIT H) July 1, 1994
(EXHIBITI)
CONTRACT MODIFICATION FORM
COUNTY OF HAWAII
DEPARTMENT OF FINANCE
MODIFICATION ORDER NO.
Contractor
Contract Title
Date
Contract No.
A. MODIFICATIONS
The following modifications are to be performed in accordance with all contract
stipulations (specifications, delivery point, rate of delivery, period of performance, price,
quantity, or other provisions by mutual action of the parties to the contract.)
B. CONTRACTOR'S QUOTATION
The modifications described in A above will be performed at a contract price
increase ! decrease of $ . Contractor will not undertake to perform
-the changes in A above until this modification order has been approved and issued.
Contractor's Signature and Date
C. STATEMENT OF CONTRACT FUNDS
Original Contract Price $
Previous Adjusted Contract Price $
Amount this Change: Plus — Minus
New Adjusted Contract Price $
D. VALIDATION OF CONTRACT MODIFICATION
User Agency
Date
DISTRIBUTION: Original - Accounts Division
CONTRA CTMODIFICATION FORM
[Procurement Officer] . Date
cc: Contractor
Using Agency
Purchasing Division
(EXHIBIT I) July 1, 1994
CHANGE ORDER NO.
Contractor
Contract
Title:
(EXHIBIT J)
CHANGE ORDER FORM
COUNTY OF HAWAII
DEPARTMENT OF FINANCE
Date
Contract No.
A.
CONTRACTOR
IS TO PERFORM
THE FOLLOWING CHANGES:
B.
CONTRACTOR'S
RESPONSE DUE
WITHIN TEN CALENDAR DAYS:
1. The changes described in A above will result in an
increase decrease of
2. The change issued in A above will be completed by
Contractor's Signature and Date
C. STATEMENT OF CONTRACT FUNDS
Original Contract Price
Previous Adjusted Contract Price
Amount this Change: Plus Minus
New Adjusted Contract Price
D. VALIDATION OF PRICE ADJUSTMENT
S
User Agency Date EProcurement.Officerj Date
DISTRIBUTION: Original - Accounts Division cc: Contractor
Using Agency
Purchasing Division
CONTRACT MODIFICATION FORM (EXHIBIT J) July 1, 1994