SPECIAL PROVISIONS

TERMS AND ACRONYMS USED HEREIN

Procurement Officer = The DAGS/CSD Administrator or his designee.

State = State of Hawaii.

DAGS/CSD = Department of Accounting and General Services / Central Services Division, 729 Kakoi Street, Honolulu, Hawaii 96819.

CA = Contract Administrator

Bidder or Offeror = Any individual, partnership, firm, corporation, joint venture, or other entity submitting directly or through a duly authorized representative or agent, a bid for the good, service, or construction contemplated.

HRS = Hawaii Revised Statutes

HAR = Hawaii Administrative Rules

HePS = Hawaii Electronic Procurement System

AG = Attorney General

GC = General Conditions, ATG-008 Rev. 4/15/2009 issued by the State Office of the Attorney General.

IFB = Invitation for Bids

GET = General Excise Tax

1.0  SCOPE

The furnishing of Tree Trimming Services at various State Facilities in the Honolulu Civic Center on the island of Oahu, for the Department of Accounting and General Services, Central Services Division, shall be in accordance with this IFB, including these Special Provisions, attached Specifications and General Conditions.

2.0  CONTRACT ADMINISTRATOR

Mr. James Hisano, Central Services Manager, DAGS/CSD, or designee, is the Contract Administrator (CA) of this Contract and may be reached by phone at (808) 831-6734.

3.0  TERM OF CONTRACT

The term of contract shall be for the twelve (12) month period commencing from the official date on the Notice to Proceed but no earlier than June 1, 2017.

4.0  CONTRACT EXTENSION

Unless terminated and subject to the availability of funds, the contract may be extended without re-bidding, upon mutual agreement in writing between the State and the Contractor, prior to the expiration date, for not more than four (4) additional twelve (12) month periods, or parts thereof. Provided, however, the contract price for the extended period shall remain the same or lower than the initial contract price, subject to any price increase allowed by the contract.

The Contractor or the State may terminate any extended contract period at any time upon one hundred twenty (120) days prior written notice.

5.0  QUANTITY OF TREES AND TRIMMINGS PER YEAR

The quantities of trees to be trimmed, the number of trimmings per year and the scheduled trim dates are estimates. No guarantee to purchase services for the exact number of trees or the number of trimmings is intended or implied. The DAGS/CSD reserves the right to increase or reduce the number of trees and/or the number of trimmings at the prices quoted and change the scheduled trim dates.

6.0 SITE INSPECTION

Prior to submittal of an offer, Offeror shall inspect the Job Site to become thoroughly familiar with existing conditions and the amount and type of work to be performed. Submission of an offer shall be evidence the Offeror understands the scope of work and the contract requirements, and agrees to comply with all Contract requirements including these Specifications. No additional compensation will be made by reason of any misunderstanding or error regarding conditions at the services areas or the amount and type of work to be performed.

7.0 REQUIREMENTS FOR CONTRACTOR LICENSING CLASSIFICATIONS

Offerors who are General Engineering Contractors holding an ‘A’ license and/or General Building Contractors holding a ‘B’ license are reminded that due to the Hawaii Supreme Court’s January 28, 2002 decision in Okada Trucking Co., Ltd. V. Board of Water Supply, et al., 97 Haw. 450 (2002), they are prohibited from undertaking any work, solely or as part of a larger project, which would require the General Contractor to act as a specialty Contractor in any area in which the General Contractor has no license.

Offerors are solely responsible to review the project requirements, determine the appropriate licenses required, and ensure that they possess, and that their listed Subcontractor(s) possess, the necessary specialty licenses to perform the work for this project.

8.0 OFFEROR QUALIFICATIONS

Experience. Offeror shall have a minimum of five (5) consecutive years of experience (immediately prior to bid opening date) in tree trimming services. Offeror shall indicate its number of years of experience on the Offer Form A – Honolulu Civic Center and produce documentation substantiating its tree trimming experience.

License. The Offeror shall possess at the time of bid submittal, a valid State of Hawaii contractor C-27 and/or C-27-B tree trimming license, and the required business and tax licenses in order to conduct business in the State of Hawaii. Both the contractor's license and tax license must be kept in force during the duration of this contract and for any extensions that may be agreed upon. The DAGS/CSD may request Offeror to submit a valid copy of the contractor C-27 and/or C-27-B tree trimming license, with ten (10) working days from the date the request is made. Offeror shall provide the license number on the Offer Form A – Honolulu Civic Center. Award will not be made to any offeror failing to meet this qualification requirement.

Certified Arborist . Offeror shall have an Arborist, must possess five (5) years of work experience, on staff, who is certified by the International Society of Arboriculture (ISA), whose certification is current at the time of bid opening and during the term of the contract (and any agreed upon extension), to directly supervise, at all times, the tree trimming work specified herein. Offeror shall indentify its Arborist on the Offer Form A – Honolulu Civic Center, his/her membership number and membership expiration date. Offeror shall also provide a photocopy of the ISA certification indicating the expiration date of the certification.

Office/Service Facility Location. Offeror shall have a permanent office and service facility on the island of Oahu from which to conduct business and shall provide the information requested on the Offer Form A - Honolulu Civic Center.

Equipment, Vehicles and Personnel. Offeror shall have the necessary equipment, vehicles and personnel to perform and complete the work specified herein within the period specified, all in accordance with the requirements of this IFB. Offeror shall provide the information requested on the Offer Form A - Honolulu Civic Center regarding personnel, vehicles and inventory of equipment to perform the work specified in this IFB.

The DAGS/CSD will use this information to determine whether Offeror has adequate personnel, vehicles and equipment to perform the work specified in this IFB within the contract time allowed.

Award will not be made to any Offeror failing to meet ALL of the above qualifications. Failure to meet these qualification requirements shall result in rejection of the bid. Further, satisfaction of these requirements must be maintained by the Contractor during the entire contract period.

9.0 CERTIFICATION OF INDEPENDENT COST DETERMINATION

By submission of a bid in response to this IFB, Offeror certifies as follows:

1.  The costs in its offer have been arrived at independently, without consultation, communication, or agreement with any other Offeror, as to any matter relating to such costs for the purpose of restricting competition.

2.  Unless otherwise required by law, the costs in its offer have not been knowingly disclosed by the Offeror prior to award, directly or indirectly, to any other Offeror or competitor prior to the award of the contract.

3.  No other attempt has been made or will be made by the Offeror to influence any other person or firm to submit or not to submit a offer for the purpose of restricting competition, bid rigging, or other unlawful purpose.

10.0  BID PREPARATION

Offer Form A - Honolulu Civic Center, Page OFAHCC-1. Offeror is requested to submit its offer using Offeror's exact legal name as registered with the Department of Commerce and Consumer Affairs, if applicable; and to indicate exact legal name in the appropriate space on Offer Form A – Honolulu Civic Center, page OFAHCC-1. Failure to do so may delay proper execution of the contract.

Offeror’s authorized signature on the first page of the Offer Form shall be an original signature in ink. If unsigned or the affixed signature is a facsimile or a photocopy, the offer shall be automatically rejected unless accompanied by other material, containing an original signature, indicating the Offeror’s intent to be bound.

Taxpayer Preference. For evaluation purposes, pursuant to §103D-1008, HRS, the Offeror’s tax-exempt price offer submitted in response to an IFB shall be increased by the applicable retail rate of general excise tax and the applicable use tax. Under no circumstance shall the dollar amount of the award include the aforementioned adjustment.

Price. Prices shall include costs for all labor, equipment, materials, applicable taxes ( including the current Hawaii General Excise Tax) and any other expenses incurred to provide tree trimming services as specified herein.

Offeror shall provide the information regarding wage payments requested on Offer Form B. The information provided shall indicate Offeror has included the applicable public employees’ wages into his/her offer to compensate his/her employees for work performed under this contract.

Offer Guaranty. An offer security deposit is not required for this solicitation.

Insurance. Offeror shall provide insurance information as requested on Offer Form A – Honolulu Civic Center.

Wage Certificate. The Offeror shall complete and submit a Wage Certificate with its offer, as an attachment on HIePRO, by which the Offeror certifies that services required will be performed pursuant to §103-55, HRS. Refer to section 11.0 below for further information.

References. Offeror shall list companies or government agencies on the Offer Form A – Honolulu Civic Center for whom tree trimming services were or are being provided. The State reserves the right to contact the references. The State reserves the right to reject any Offeror who has performed unsatisfactorily on other jobs of a nature similar to those required by this IFB.

Employee. Offeror shall list on the Offer A – Honolulu Civic Center all employees to be employed, if awarded a contract and the type of work each employee will be performing (e.g. Tree Trimmer-Truck Driver, Tree Trimmer). If the Offeror classifies any of his/her employees as other than the position descriptions specified on the Form. Offeror shall provide a description of the position and explain why it does not fall into one of the specified categories. (See Attachment I for Tree Trimmer and Tree Trimmer-Truck Driver Classifications.)

Equipment and Vehicles. Offeror shall list on the Offer Form A – Honolulu Civic Center the equipment and vehicles to be used during the performance of the work specified.

On-Going Contract. Offeror shall list on the Offer Form A – Honolulu Civic Center, all on-going contracts the Offeror is involved in at the time of offer submittal.

Preparation of Offer. An Offer may submit only one offer in response to a solicitation. If an Offeror submits more than one offer in response to a solicitation, then all such offers shall be rejected. Similarly, an Offeror may submit only one offer for each line item (if any) of a solicitation. If an Offeror submits more that one offer per line item, then all offers for that line item shall be rejected.

11.0  SUBMISSION OF OFFER

Offers shall be received electronically through the Hawaii State eProcurement called HIePRO. Offers received outside of the HIePRO shall rejected and not be considered for award.

To register for HIePRO please go to the Hawaii eProcurement System website: http://hiepro.hawaii.gov. If you need assistance in registering, please call (808) 695-4620 or go to the HIePRO website and click on Help-Chat online.

Offeror’s electronic response to this solicitation shall be deemed an offer to sell the specified goods, services and/or construction to the State at the price(s) shown in the response and under the terms and conditions of this solicitation.

Offerors must complete and submit the following document(s), form(s) and/or certificate(s):

Offer Form A – Honolulu Civic Center,

Offer Form B – Honolulu Civic Center,

Wage Certificate,

Arborist Certificate,

W-9 Form Request for Taxpayer Identification and Certification and

Contractor’s C-15 License.

These document(s), form(s) and/or certificate(s) must be submitted electronically, as an attachment, through the HIePRO.

Offerors are responsible to ensure all forms requested are attached when submitting an offer.

Offeror must bid on all items specified on the Offer Form B pages to be considered for award. Failure to do so shall result in rejection of the entire bid.

12.0  RESPONSIBILITY OF OFFERORS

Offeror is advised that in order to be awarded a contract under this solicitation, the vendor/contractor/service provider will be required to be compliant with all laws governing entities doing business in the State including the following chapters and pursuant to HRS § 103D-310©:

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.  Section 103D-310©, Certificate of Good Standing (COGS) for entities doing business in the State.

The State will verify compliance on Hawaii Compliance Express (HCE) for awards $ 2,500 or greater.

The HCE is an electronic system that allows vendors/contractors/ services providers doing business with the State to quickly and easily demonstrate compliance with applicable laws.

It is an online system that replaces the necessity of obtaining paper compliance certificates from the Department of Taxation; Federal Internal Revenue Service; Department of Labor and Industrial Relations; and Department of Commerce and Consumer Affairs.

Vendors/contractors and service providers should register online with Hawaii Compliance Express (HCE) prior to submitting an offer at http://vendors.ehawaii.gov. The annual registration fee is $12.00 payable to Hawaii Information Consortium, LLC (HIC).

If you have any questions, please call:

Hawaii Information Consortium, LLC

Phone no. 695-4620 or

Email: .

The “Certificate of Vendor Compliance” is accepted for both contracting and final payment.

Paper documents as proof of compliance are NOT ACCEPTABLE. Offerors are advised that the following paper compliance documents will no longer be accepted:

Tax Clearance Form A-6;

Certificate Of Compliance , DLIR Form LIR#27

Certificate Of Good Standing, DCCA (BREG).

Timely Submission of Compliance Document. The “Certificate of Vendor Compliance” must be submitted to the DAGS/CSD within ten (10) working days from the date the request is made. If the certificate is not submitted on a timely basis, an otherwise responsive offer from a responsible Offeror may not receive the award.