testimony of alfredo lee - hiepro 19 200 030-ifb remo… · honolulu, hi 96813 phone: (808)...

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JOSH GREEN Lt. Governor DAVID Y. IGE Governor JAMES J. NAKATANI Executive Director STATE OF HAWAII AGRIBUSINESS DEVELOPMENT CORPORATION 235 S. Beretania Street, Room 205 Honolulu, HI 96813 Phone: (808) 586-0186 Fax: (808) 586-0189 IFB-19-200-030 Remove Hazardous Trees Near Agricultural Operations Whitmore/Wahiawa, Oahu April 2019 INSTRUCTION TO BIDDERS 1. INTRODUCTION Pursuant to §103D-302, Hawaii Revised Statutes, the State of Hawaii, Agribusiness Development Corporation (hereinafter referred to as “ADC”) is seeking offers for furnishing hazardous tree removal services at near agricultural operations in Whitmore/Wahiawa, Oahu; Tax Map Key (1) 7-1-02-04 and (1) 7-1- 01-05 shown in Exhibit 1 below in accordance with the Specifications of this IFB 19-200-030. Exhibit 1

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Page 1: TESTIMONY OF ALFREDO LEE - HIePRO 19 200 030-IFB Remo… · Honolulu, HI 96813 Phone: (808) 586-0186 Fax: (808) 586-0189 IFB-19-200-030 Remove Hazardous Trees Near Agricultural Operations

DAVID Y. IGE Governor

JOSH GREEN Lt. Governor

DAVID Y. IGE Governor

JAMES J. NAKATANI

Executive Director

STATE OF HAWAII

AGRIBUSINESS DEVELOPMENT CORPORATION 235 S. Beretania Street, Room 205

Honolulu, HI 96813 Phone: (808) 586-0186 Fax: (808) 586-0189

IFB-19-200-030

Remove Hazardous Trees Near Agricultural Operations Whitmore/Wahiawa, Oahu

April 2019

INSTRUCTION TO BIDDERS

1. INTRODUCTION Pursuant to §103D-302, Hawaii Revised Statutes, the State of Hawaii, Agribusiness Development Corporation (hereinafter referred to as “ADC”) is seeking offers for furnishing hazardous tree removal services at near agricultural operations in Whitmore/Wahiawa, Oahu; Tax Map Key (1) 7-1-02-04 and (1) 7-1-01-05 shown in Exhibit 1 below in accordance with the Specifications of this IFB 19-200-030.

Exhibit 1

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Hazardous Tree Removal – Whitmore/Wahiawa, Oahu April 2019 Page 2 of 30

2. TERMS AND ACRONYMS USED HEREIN Procurement Officer = The Executive Director of the Agribusiness

Development Corp. State = All agencies, including Agribusiness Development

Corporation, participating in this agreement. CPO = The Chief Procurement Officer of the State

Procurement Office of the State of Hawaii. SPO = State Procurement Office of the State of Hawaii,

located at 1151 Punchbowl Street, Room 416, Honolulu, Hawaii 96813, P.O. Box 119, Honolulu, Hawaii 96810-0119.

ADC = Agribusiness Development Corporation, located at 235 South Beretania Street, Room, 205, Honolulu, Hawaii 96813.

103D = 103D General Conditions 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.

CA = Contract Administrator GET = General Excise Tax GC = State of Hawaii, Office of the Attorney General, 103D

General Conditions, and/or Department of Land and Natural Resources Interim General Conditions, 1994, as amended

HRS = Hawaii Revised Statutes HAR = Hawaii Administrative Rules IFB = Invitation for Bids 3. BACKGROUND The ADC, a state agency administratively attached to the Hawaii Department of Agriculture, owns agricultural land in the Wahiawa – Whitmore area on Oahu. These agricultural parcels consist of commercial agricultural land and unusable areas which include gulches and ravines. The unusable areas of the parcel have not been maintained for over ten years, resulting in significant growth of hazardous trees near agricultural operations and neighboring parcels (see photos below). The ADC’s plan is to remove trees that are deemed hazardous and pose imminent danger to its tenants and neighbors. See the TECHNICAL SPECIFICATIONS beginning on Page 21 for details on bid items.

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Photo 1

Photo 2

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Photo 3

Photo 4

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Photo 5

Photo 6

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Photo 7

Photo 8

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Photo 9

Photo 10

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4. AUTHORITY This IFB is issued under the provisions of the State Procurement Code (HRS Chapter 103D) and the State Procurement Office’s applicable Directives, Circulars, and administrative rules. All prospective Offerors are charged with the presumptive knowledge of all applicable legal authorities. Submission of a valid executed offer by any prospective Offeror shall constitute admission of such knowledge on the part of such prospective Offeror.

Any Agreement arising out of this offer is subject to the approval of the State Department of the Attorney General, as to form and to all further approvals as required by statutes, administrative rule, order, or other directives. 5. LOCATION OF PROJECT The project is located in Whitmore/Wahiawa, Oahu; Tax Map Key (1) 7-1-02-04 and (1) 7-1-01-05 as shown in Exhibit 1 above. Nearest known addresses are 1116 Whitmore Ave., 850 Whitmore Ave., 346 North Circle Mauka Pl., & 64-1700 Kamehameha Hwy., Wahiawa, Hawaii 96786. 6. PERMITS

As applicable, the Contractor shall procure all permits, pay all fees and taxes, and give all proper notices necessary and incidental to the due and lawful prosecution of the work at the Contractor's own cost. No extra compensation will be provided as such costs shall be considered incidental to the contract price.

7. CONTRACT ADMINISTRATOR For the purpose of this contract, the Agribusiness Development Corporation Administrative Services Officer, or its appointed representative, is designated Contract Administrator (CA). The telephone number at which she may be reached is (808) 586-0186, facsimile (808) 586-0189, and email: [email protected].

[Remainder of page intentionally left blank]

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Hazardous Tree Removal – Whitmore/Wahiawa, Oahu April 2019 Page 9 of 30 8. PROCUREMENT OFFICER The Procurement Officer is responsible for administering and overseeing the Contract, including monitoring and assessing contractor performance. The Procurement Officer for the Contract is: James J. Nakatani Executive Director Agribusiness Development Corporation 235 South Beretania Street, Room 205 Honolulu, Hawaii 96813 Phone: (808) 586-0186, Facsimile: (808)586-0189 9. PROJECT COORDINATOR The individual listed below is the primary point of contact from the date of release of this IFB and during the performance of the Scope of Work of this Contract Ken Nakamoto Project Manager Agribusiness Development Corporation 235 South Beretania Street, Room 205 Honolulu, Hawaii 96813

Phone: (808) 586-0087 Facsimile: (808) 586-0189

10. PRE-BID MEETING AND SITE VISIT

The project site is in a secured area. Interested Offerors are highly recommended to attend the pre-bid meeting and site visit to address any questions and concerns that offerors may have regarding the specifications or any other items in this solicitation and to familiarize the offerors with the site where the scope of work is to be performed.

A pre-bid meeting and site visit will be held on Monday, April 22, 2019 at

10:00 a.m., Meet at the Whitmore Community Gymnasium on Whitmore Avenue located at 1259 Whitmore Ave., Wahiawa, HI 96786. This will be the only pre-bid meeting and site visit for IFB-19-200-030.

Submission of an offer to the solicitation shall indicate that Offeror

understands the scope of services to be provided and accepts the terms and conditions of the resulting contract, if awarded. No additional compensation

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Hazardous Tree Removal – Whitmore/Wahiawa, Oahu April 2019 Page 10 of 30 subsequent to bid opening shall be allowed by reason of any misunderstanding or error regarding site conditions or work to be performed.

11. NOTICE OF INTENT TO BID

No notice of intent to bid is required. 12. BID PREPARATION Bid Submittal: Bids shall be submitted through HIePRO.

NO OFFERS WILL BE ACCEPTED AFTER THE DEADLINE SET FOR SUBMITTING OFFERS.

Legal Name. Offers shall be submitted using the Offeror’s exact legal name as registered with the State Department of Commerce and Consumer Affairs. An Offeror shall indicate its exact legal name in the appropriate spaces on the Bid Form. Offer Price. The offer price shall be the all-inclusive price to perform the services as specified herein. The offer price shall be the all-inclusive price and includes, but is not be limited to, all labor, supervision, materials, equipment, ground transportation, lodging, taxes, and any other costs for providing the services herein. Acceptance of offer, if any, shall be made within thirty (30) calendar days after the opening of offers, and the prices quoted by the Offeror shall remain firm for the thirty (30) day period or longer as mutually agreed upon by the Offeror and the State. Submission of Questions and Quote: Interested Offeror’s shall submit their questions on HIePRO before the deadline of Friday, April 26, 2019, 2:00 p.m. Answers will be posted by HIePRO on Monday, April 29, 2019, 4:00 p.m.

• Quotes shall be submitted on HIePRO no later than 2:00 p.m. on Wednesday, May 1, 2019. The itemized price quotes shall be all-inclusive of labor, supervision, materials, equipment, ground transportation, lodging, taxes, and any other incidental costs.

• Offerors shall upload a copy of their Specialty Contractor license on HIePRO.

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• Offerors shall upload the signed Wage Certificate on HIePRO if the Quote is $25,000 or more.

• Offerors shall complete and upload the Supporting Cost or Data Sheet on HIePRO

13. TERM OF CONTRACT Contractor shall enter into a contract for furnishing these services commencing from the official start date specified on the written Notice to Proceed and terminating within 30 days of the Notice to Proceed. The Scope of Work must be completed no later than December 31, 2019. Unless terminated as provided for in the GC, and at the ADC’s sole option, a no cost contract extension may be granted if justified by the Contractor and deemed reasonable by the Project Manager. 14. BID SECURITY No Bid security is required for this solicitation. 15. BIDDER’S RESPONSIBILITY TO PROVIDE PROPER

SUPERINTENDENCE The successful low bidder shall designate in writing to the ADC the name of its authorized superintendent (Superintendent), who will be present at the job site whenever any work is in progress. The Superintendent shall be responsible for all work, receiving and implementing instructions from the Engineer or CA in a timely manner. The cost for superintendence shall be considered incidental to the project. 16. BIDDER QUALIFICATION In order to be considered for award of this IFB, the Offeror must provide with its offer, documentation satisfactory to the State to substantiate that the Offeror and any personnel proposed to be assigned to perform the services of this contract, possesses the following qualifications:

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Specialty Contractor License Required: C-27b Tree trimming and removal. Bidders shall upload a copy of their valid Specialty Contractor’s license to the HIePRO submission. 17. RESPONSIBILITY OF OFFERORS Bidder is advised that if awarded a contract under this solicitation, the Bidder shall, be required to be compliant with all laws governing entities doing business in the State including the flowing chapters and pursuant to HRS §103D-310(c):

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. Chapter 103D-310(c), Certificate of Good Standing (COGS) for awards

$2,500 or greater.

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 and 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: [email protected]. 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:

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Hazardous Tree Removal – Whitmore/Wahiawa, Oahu April 2019 Page 13 of 30 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 ADC 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 Bidder may not receive the award. It is recommended that Bidders register with Hawaii Compliance Express (HCE) prior to responding to a solicitation to ensure timely submittal when requested. Bidders should be aware that it may take up to thirty (30) working days to establish a compliance status.

18. SUBMISSION OF OFFER Bids shall be submitted through Hawaii State eProcurement (HIePRO) no later than the date and time stated on the HIePRO Solicitation Notice. Offers received outside of the HIePRO shall be rejected and not be considered for award. To register for HIePRO, please go to http://hiepro.hawaii.gov. For assistance with this website, click on “Get Help” in the upper margin or call 808-695-4620. Bidder’s electronic response to this solicitation shall be deemed as an offer to provide the specified construction to the State at the prices) shown in the response and under the terms and conditions of this solicitation. Bidders must complete and submit the following: Offer or Bid (on HIePRO); Wage Certificate; Contractor’s License Supporting Cost or Data Sheet

The Wage Certificate and Contractor’s License shall be submitted / uploaded electronically, as attachments through the HIePRO. Bidders are responsible to ensure all required forms are attached / uploaded when submitting an offer. For technical assistance with submitting an offer, click on “Get Help” in the upper margin or call 808-695-4620.

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Hazardous Tree Removal – Whitmore/Wahiawa, Oahu April 2019 Page 14 of 30 19. LIABILITY INSURANCE

The Contractor shall obtain and maintain insurance described below which shall provide coverage against claims arising out of the Contractor’s operations under the contract, whether such operations are performed by the Contractor itself or by any subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable during the life of this contract.

Worker’s Compensation – The Contractor shall obtain worker’s compensation insurance for all persons whom they employ in carrying out he work under this contract. This insurance shall be in strict conformity with the requirements of the most current and applicable State of Hawaii Worker’s Compensation Insurance law in effect on the date of the execution of this contract and as modified during the duration of the contract.

General Liability – The Contractor shall obtain General Liability insurance

with a limit of not less than $2,000,000 per occurrence and in the Aggregates.

Automobile Liability – The Contractor shall obtain Auto Liability Insurance

covering all owned, non-owned and hired autos with a combined single limit of not less than $1,000,000 per occurrence.

The Contractor shall maintain in full force and effect during the life of this contract insurance described below to protect the contractor and his subcontractors, if any, from claims for damages for personal injury, accidental death and property damage which may arise from operations under this contract, whether such operations be by the Contractor, or by a subcontractor or anyone directly or indirectly employed by either of them, or by anyone for whose acts any of them may be liable during the life of this contract. If any subcontractor is involved in the performance of the contract, the insurance policy or policies shall name the subcontractor as additional insured. As an alternative to the Contractor providing insurance to cover operations performed by a subcontractor and naming the subcontractor as additional insured, contractor may require subcontractor to provide its own insurance which meets the requirements herein. It is understood that a subcontractor’s insurance policy or policies are in addition to the Contractor’s own policy or policies. The Contractor shall defend, indemnify, and hold harmless the State of Hawaii, the contracting agency, and their officers, employees, and agents from and against all liability, loss, damages, cost and expense, including all attorney’s fees, and all claims, suits and demands therefore, arising out of or resulting from

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Hazardous Tree Removal – Whitmore/Wahiawa, Oahu April 2019 Page 15 of 30 the acts or omissions of the Contractor or the Contractor’s employees, officers, agents, or subcontractors under this contract. The provisions of this paragraph shall remain in full force and effect notwithstanding the expiration or early termination of this contract. General Liability and Automobile Liability insurance coverage(s) and limit(s) shall be provided by the Contractor, including its subcontractor(s) where appropriate. Coverage Limits

Commercial General Liability $1,000,000 combined single limit per (occurrence form) occurrence for bodily injury and property damage.

$2,000,000 aggregate per occurrence

Automobile Liability Insurance $1,000,000 combined single limit per occurrence

Each insurance policy required by this contract, including a subcontractor’s policy, shall contain the following clauses:

1. “The Agribusiness Development Corporation is added as an additional insured as respects to operations performed for the State of Hawaii.”

2. “It is agreed that any insurance maintained by the State of Hawaii

will apply in excess of, and not contribute with, insurance provided by this policy.”

The minimum insurance required shall be in full compliance with the Hawaii Insurance Code throughout the entire term of the contract, including supplemental agreements. Prior to issuance of the Notice to Proceed or Contract, Contractor shall provide the Agribusiness Development Corporation with an original certified CERTIFICATE(S) OF INSURANCE, within ten (10) working days from the date the request is made, completed by a duly authorized representative of their insurer certifying that the liability coverage(s) is written on an occurrence form. The certificate of insurance is necessary to satisfy the State that the insurance provisions of this contract has been complied with and to keep such insurance in effect and the certificate(s) therefore on deposit with the State during the entire term of this contract, including those of its subcontractor(s), where appropriate. Upon request by the State, Contractor shall be responsible

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Hazardous Tree Removal – Whitmore/Wahiawa, Oahu April 2019 Page 16 of 30 for furnishing completed certified copies of all required insurance policies, including endorsements effecting the coverage required at any time. If the Contractor’s Insurance Coverage expires during the term of the contract, the contractor is responsible to renew, notify the State of Hawaii of the new insurance coverage and submit a new Certificate(s) of Insurance. Also, Contractor is responsible to make sure subcontractor’s insurance coverage is current and if it expires during the term of the contract, Contractor must make sure the subcontractor’s insurance coverage is renewed, the State of Hawaii is notified of the new insurance coverage and a new Certificate(s) of Insurance is submitted if required. The Contractor will immediately provide written notice to the Agribusiness Development Corporation, 235 Beretania Street, Rm 205, Honolulu, Hawaii 96813 should any of the insurance policies evidence on its Certificate of Insurance form be cancelled, limited in scope, or not renewed upon expiration. Failure of the Contractor to provide and keep in force the required insurance shall be regarded as material default under this contract, entitling the State of exercise any or all of the remedies provided in this contract for a default of the Contractor. The procuring of such required insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this contract. Notwithstanding said policy or policies of insurance, Contractor shall be obligated for the full and total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. It is recommended that Bidders apply for Certificate of Insurance as soon as possible to ensure timely submittal if requested. 20. ADDENDA OR BULLETINS Any addendum or bulletin issued during the bidding period is part of the documents furnished to the bidder for the preparation of the Bid and shall be made a part of the Bid and the contract. The Bidder is responsible to check the HIePRO solicitation for issuance of any addendum or bulletin for this project prior to submitting the bid. Failure of any bidder to review any addendum or bulletin shall not relieve the bidder from any obligation under the bid as submitted.

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Hazardous Tree Removal – Whitmore/Wahiawa, Oahu April 2019 Page 17 of 30 21. WAGE CERTIFICATE

Bidder shall complete and submit the attached Wage Certificate by which bidder certifies that the services required will be performed pursuant to Section 103-55, HRS.

Bidders are advised that Section 103-55, HRS, provides that the services to be performed shall be performed by employees paid at wages not less than wages paid to public officers and employees for similar work. Bidders are further advised that in the event of an increase in wage rates to public employees performing similar work during the contract period, Contractor will be obliged to provide wages no less than those increased wages. Contractor shall be further obliged to notify its employees performing work under this contract of the provisions of Section 103-55, HRS, and of the current wage rate for public employees performing similar work. Contractor may meet this obligation by posting a notice to this effect in the Contractor's place of business accessible to all employees, or Contractor may include such notice with each paycheck or pay envelope furnished to the employee 22. WAGES AND LABOR LAW COMPLIANCE

Offeror shall certify that it complies with Section 103-55, HRS, Wages, hours and working conditions of employees of the success offerors performing services. The successful offeror shall be obligated to provide wages not less than wages paid to public officers and employees for similar work. The State has determined that work to be performed under the resulting Contract or Purchase Order is similar to Tree Trimmer positions under United Public Workers Bargaining Unit 01, therefore, the Successful Offeror will be required to pay their employees the prevailing State wages for the Scope of Work. The current wage rates effective June 1, 2018 are available on the Department of Human Resources Development website at https://dhrd.hawaii.gov/wp-content/uploads/2017/10/BU01_SalarySchedule_06012018.pdf and are as follows:

Class Hourly Rate Tree Trimmer Helper (BC 03) $19.86 Tree Trimmer (BC 07) $23.24 Tree Trimmer Truck Driver (BC 05) $21.48 Tree Trimmer Equipment Operator (BC 08) $24.18

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Hazardous Tree Removal – Whitmore/Wahiawa, Oahu April 2019 Page 18 of 30 23. SAFETY Tree maintenance operations shall comply with applicable Occupational Safety and Health Administration (OSHA) standards, ANSI Z133.1, as well as state and local regulations. 24. TOILET FACILITIES The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his employees as may be necessary to comply with the requirements of the State Department of Health. All toilet facilities installed at the project site shall be in accordance with the Public Health Regulations of the State Department of Health (DOH). All necessary precautions shall be observed at the project area. The use of sanitary facilities shall be strictly enforced and workmen violating these provisions shall be promptly discharged. In addition, the following requirements of DOH must be strictly adhered to in any forest reserve area:

a) Portable covered receptacles for fecal matter and urine, of the design and number specified by DOH, shall be provided.

b) No employee will be allowed to deposit fecal matter or urine in any

place except in these receptacles. Any infringement of this requirement shall result in immediate transfer or discharge of the offender or other disciplinary measures satisfactory to the Director.

c) All deposits in these receptacles shall be immediately covered with a

chemical solution prescribed by DOH. These receptacles, with their contents, shall be collected and removed for disposal at the close of each working day. The method of disposal must be satisfactory to DOH to prevent contamination of any water supply, stream, or other bodies of water.

d) The receptacles shall be thoroughly cleaned with water and the

required chemical solution and then returned to their required places of service.

25. OTHER HEALTH MEASURES Forms of work site exposure or conditions which may be judged by the State DOH to be detrimental to the health or welfare of workers or of the general public shall be eliminated or reduced to safe levels as required by DOH rules, standards, and regulations. Suitable first aid kits and a person qualified to render

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Hazardous Tree Removal – Whitmore/Wahiawa, Oahu April 2019 Page 19 of 30 first aid, as specified in Department of Health’s regulations, shall be provided at the work site at all times when work is being performed. 26. CERTIFICATION OF INDEPENDENT COST DETERMINATION

By submission of an offer in response to this solicitation, 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 cost which have been quoted 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.

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

27. CONTRACT EXECUTION Successful bidder receiving the award shall be required to execute the State’s Agreement For Goods Or Services Based Upon Competitive Bids, included by reference in the agreement. Upon the execution of the contract by all parties, a Notice to Proceed will be issued. 28. NOTICE TO PROCEED Work will commence on the official commencement date specified on the written Notice to Proceed. No work is to be undertaken by the Contractor prior to the official commencement date on the Notice to Proceed. The State is not liable for any work, contract, costs, expenses, loss of profits, or any damage whatsoever incurred by the Contractor prior to the work start date.

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Hazardous Tree Removal – Whitmore/Wahiawa, Oahu April 2019 Page 20 of 30 29. INSPECTIONS The Contract Administrator or designated ADC representative reserves the right to inspect Contractor's job performance at any time and may require the Contractor's presence during inspection. 30. ADDITIONAL WORK At the sole option and upon prior written authorization of ADC, the Contractor’s scope of service may include additional related work, including removal of unforeseen hazardous tree(s) or vegetation, and other related services, as deemed necessary by ADC. Contractor’s bid shall include a $25,000.00 contingency for such additional work. 31. LIQUDATED DAMAGES As specified in the Bid, liquidated damages in the amount of $200.00 for each and every calendar day in excess thereof prior to completion of the contract shall be withheld from payments due to the Contractor. 32. PAYMENT Section 103-10, HRS, provides that the State shall have thirty (30) calendar days after receipt of invoice or satisfactory delivery of goods or performance of the services, to make payment. For this reason, the State will reject any bid submitted with a condition requiring payment within a shorter period. Further, the State will reject any bid submitted with a condition requiring interest payments greater than that allowed by §103-10, HRS, as amended.

The State will not recognize any requirement established by the Contractor and communicated to the State after award of the contract, which requires payment within a shorter period or interest payment not in conformance with statute. The State will base payment on invoices submitted by the Contractor for satisfactorily completed work. Payment will be subject to reduction for overpayments or increase of underpayments on preceding payments to the Contractor.

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Hazardous Tree Removal – Whitmore/Wahiawa, Oahu April 2019 Page 21 of 30 ***GENERAL SPECIFICATIONS***

Location: Whitmore/Wahiawa, Oahu; Tax Map Key (1) 7-1-02-04 & (1) 7-1-01-05. Time of performance: Thirty (30) days from the official start date given in a written Notice to Proceed. Point of Contact: For questions regarding this Invitation for Bid, please contact Lynn Owan of ADC at email [email protected] Project Manager: The ADC Project Manager for this project is Ken Nakamoto, email: [email protected]. Scope of Services: The contractor is responsible for furnishing all labor, equipment, and other incidentals to perform the work necessary for hazardous tree removal on Tax Map Key (1) 7-1-02-04 & (1) 7-1-01-05.

Exhibit 2

Unit # Location Description

1 Whitmore Ave., (11) Abizia and (1) African tulip tree (see page 3

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Hazardous Tree Removal – Whitmore/Wahiawa, Oahu April 2019 Page 22 of 30

Whitmore

photos 1-3)

2 Whitmore Ave., Whitmore

(1) Norfolk pine (see page 4, photo 4)

3 Whitmore Ave., Whitmore

(17) Albizia trees (see page 5-6, photos 5-8)

4 Kamehameha Hwy., Whitmore

(1) Albizia tree (see page 7, photo 9)

5 North Circle Mauka Pl., Whitmore

(3) Albizia trees (see page 7, photo 10)

The project area will be divided into five (5) units in Whitmore on TMK 7-1-02-04 and 7-1-01-05 as shown in Exhibit 2 above. Each Unit has its own individual scope of work listed below. The ADC intends to remove the hazardous trees that pose eminent danger to the adjacent agricultural operations and neighboring parcels.

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Hazardous Tree Removal – Whitmore/Wahiawa, Oahu April 2019 Page 23 of 30

***TECHNICAL SPECIFICATIONS*** 1) Unit #1 – Scope of Work

Exhibit 3

The Contractor shall remove eleven (11) Albizia trees and one (1) African tulip tree located on Helemano Farms, Whitmore Ave, Hawaii 96786 on a portion of TMK (1) 7-1-02-04. The location of this tree is shown in Exhibit 3 above. The trees are located along Whitmore Ave. and the property line, as shown in Photo 1-2 on page 3 above.

A) To prevent future injury and/or property damage, the trees shall be felled and cut low to the ground, leaving a one to two-inch stump. Remaining stump shall be treated with a growth inhibitor/herbicide such as Garlon, or equivalent. B) The logs, branches, and associated debris from felling the tree shall be chipped and dispersed neatly on site within the property to add

to the organic matter in the soil. All logs exceeding 18” in diameter shall be cut to lengths of approximately 10 ft and left on site to be

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used as vehicle barriers. Arrangements will be made with ADC’s tenant on site who will accept the logs.

C) Any damages to plants and other property or items on adjoining properties shall be repaired and/or replaced by the Contractor at their own expense and restored to the satisfaction of the Contract Administrator and the injured party(ies). D) All work shall be done in a manner consistent with industry standards and in compliance with all federal, state, and county laws.

E) The Contractor shall leave the Unit in a clean and neat condition. 2) Unit #2 – Scope of Work

Exhibit 4

The Contractor shall remove one (1) Norfolk pine located behind 1116 Whitmore Ave., Wahiawa, Hawaii 96786 on a portion of TMK 7-1-02-04. The location of the tree is shown in Exhibit 4 above. The tree is located approximately

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Hazardous Tree Removal – Whitmore/Wahiawa, Oahu April 2019 Page 25 of 30 50 feet from the property line behind a residential home, as shown in Photos 3-6 on pages 4 and 5 above.

A) To prevent future injury and/or property damage, the Norfolk pine trees shall be felled and cut low to the ground, leaving a one to two-inch stump. Remaining stump shall be treated with a growth inhibitor/herbicide such as Garlon, or equivalent. B) The Contractor shall be responsible for clearing vegetation or cutting a pathway to get their workers and/or equipment to the work site, if necessary. C) All logs, branches, and associated debris from clearing the land shall be chipped and dispersed evenly on site within Unit #2 to add to the organic matter in the soil. D) Any damages to plants and other property or items on adjoining properties shall be repaired and/or replaced by the Contractor at their own expense and restored to the satisfaction of the Contract Administrator and the injured party(ies). E) All work shall be done in a manner consistent with industry standards and in compliance with all federal, state, and county laws.

F) The Contractor shall leave the Unit in a clean and neat condition.

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Hazardous Tree Removal – Whitmore/Wahiawa, Oahu April 2019 Page 26 of 30 3) Unit #3 – Scope of Work

Exhibit 5

The Contractor shall remove 17 Albizia trees located behind 850 Whitmore Ave., Wahiawa, Hawaii 96786 on a portion of TMK 7-1-02-04. The location of this tree is shown in Exhibit 5 above. The trees are located approximately 400 feet from Whitmore Ave. near an embankment, as shown in Photo 7-8 on page 6 above.

A) To prevent future injury and/or property damage, the tree shall be felled and cut low to the ground, leaving a one to two-inch stump. Remaining stump shall be treated with a growth inhibitor/herbicide such as Garlon, or equivalent. B) The Contractor shall be responsible for clearing vegetation or cutting a pathway in an orderly manner to access the work site, if necessary. C) All logs, branches, and associated debris from clearing the land shall be chipped and dispersed evenly on site within Unit #3 to add to the organic matter in the soil.

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D) Any damages to plants and other property or items on adjoining properties shall be repaired and/or replaced by the Contractor at their own expense and restored to the satisfaction of the Contract Administrator and the injured party(ies).

E) All work shall be done in a manner consistent with industry standards and in compliance with all federal, state, and county laws.

F) The Contractor shall leave the Unit in a clean and neat condition. 4) Unit #4 – Scope of Work

Exhibit 6

The Contractor shall remove one (1) Albizia tree located adjacent to 64-1700 Kamehameha Hwy., Wahiawa, Hawaii 96786 on a portion of TMK 7-1-01-05. The location of the trees is shown in Exhibit 6 above. The Albizia tree shown in Photos 9 & 10 on page 7 is located in a ravine approximately 50 feet from the roadway.

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A) To prevent future injury and/or property damage, the tree shall be felled and cut low to the ground, leaving a one to two-inch stump. Remaining stump shall be treated with a growth inhibitor/herbicide such as Garlon, or equivalent. B) The Contractor shall be responsible for clearing vegetation or cutting a pathway in an orderly manner to access the work site, if necessary. C) The logs, branches, and associated debris from felling the tree shall be chipped and dispersed evenly on site within Unit #4 to add to the organic matter in the soil. D) Any damages to plants and other property or items on adjoining

properties shall be repaired and/or replaced by the Contractor at their own expense and restored to the satisfaction of the Contract Administrator and the injured party(ies).

E) All work shall be done in a manner consistent with industry standards and in compliance with all federal, state, and county laws.

F) The Contractor shall leave the Unit in a clean and neat condition.

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Hazardous Tree Removal – Whitmore/Wahiawa, Oahu April 2019 Page 29 of 30 5) Unit #5 – Scope of Work

Exhibit 7

The Contractor shall remove three (3) Albizia trees located at 346 North Circle Mauka Pl., Wahiawa, Hawaii 96786 on a portion of TMK 7-1-02-04. The location of the trees is shown in Exhibit 7 above. The Albizia trees shown in Photos 11 & 12 on page 8 are located along a driveway approximately thirty (30) feet from the roadway.

A) To prevent future injury and/or property damage, the tree shall be felled and cut low to the ground, leaving a one to two-inch stump. Remaining stump shall be treated with a growth inhibitor/herbicide such as Garlon, or equivalent. B) The Contractor shall be responsible for clearing vegetation or cutting a pathway in an orderly manner to access the work site, if necessary. C) The logs, branches, and associated debris from felling the tree shall be hauled away to 346 North Circle Mauka Pl. and chipped on site

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within the property to add to the organic matter in the soil. All logs exceeding 18” in diameter shall be cut to lengths of approximately 10 ft. Arrangements will be made with ADC’s tenant on site who will accept the logs. D) Any damages to plants and other property or items on adjoining

properties shall be repaired and/or replaced by the Contractor at their own expense and restored to the satisfaction of the Contract Administrator and the injured party(ies).

E) All work shall be done in a manner consistent with industry standards and in compliance with all federal, state, and county laws.

F) The Contractor shall leave the Unit in a clean and neat condition.

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