Active SLED Opportunity · HAWAII · COUNTY OF HAWAII
AI Summary
County of Hawaii seeks bids for reconstruction of 8 multi-purpose outdoor sports courts across West Hawai‘i parks. Work includes asphalt leveling, new surface installation, striping, and post installation. Requires specialty contractor license C-3b or General Engineering Contractor A. Bids due June 4, 2026, via OpenGov portal.
The County of Hawai'i is requesting Bids for the "OUTDOOR SPORTS COURTS RECONSTRUCTION - WEST HAWAI‘I PARKS," Job No. PR-4902, North Kona, South Kona, and Ka‘ū, Hawai'i. Bids are due no later than 2:00 pm on Thursday, June 4, 2026. Bids must be submitted through the OpenGov Procurement Portal at https://procurement.opengov.com/portal/hawaiicounty.
“During the performance of this Contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. 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, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
The County of Hawaii further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the County of Hawaii so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The County of Hawaii agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The County of Hawaii further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the County of Hawaii agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the County of Hawaii under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such County of Hawaii; and refer the case to the Department of Justice for appropriate legal proceedings.”
(Chapter 103D, HRS)
ELECTRONIC SEALED BIDS for furnishing all tools, equipment, materials and labor necessary for the construction of "OUTDOOR SPORTS COURTS RECONSTRUCTION - WEST HAWAI‘I PARKS," Job No. PR-4902, North Kona, South Kona, and Ka‘ū, Hawai‘i, will be received and recorded immediately via the OpenGov Platform until 2:00 pm, Hawai‘i Standard Time, on Thursday, June 4, 2026. Electronic bids shall be submitted via the OpenGov Procurement Portal, otherwise the bids shall not be opened or considered. Also, bids received after the time fixed for opening will not be considered.
The following are the number of courts at each location: Kailua Park (3 multi-purpose courts); Kailua Playground (2 multi-purpose courts); Greenwell Park (1 multi-purpose court) and Nā‘ālehu Park (2 multi-purpose courts). As these will be multi-purpose courts, each court will include overlaying striping for various sports. These projects generally consist of but not limited to the following: (1) the leveling of the existing asphaltic concrete surface; (2) installation of new surface; (3) stripping for various sports courts; and (4) installation of new posts set in concrete, including all appurtenances, in accordance with the plans and specifications.
To be eligible to submit a bid, the Bidder must possess a valid State of Hawai‘i, Specialty Contractor Classification C-3b or General Engineering Contractor “A” license. See Special Notice to Bidders for additional licensing requirements.
Prospective Bidders and all parties interested in accessing the plans, specifications, terms and conditions, proposal, and addenda must be registered as an OpenGov Vendor, Hawaii Region, and Hawai‘i County Agency. New Vendors should click on the link to OpenGov, https://procurement.opengov.com/portal/hawaiicounty, to initiate the registration process. Bids shall be submitted via the OpenGov Procurement Portal. Confidential material shall be readily separable from the bid in order to facilitate public inspection of the nonconfidential portion of the bid.
Prospective Bidders must file with the Director of Public Works their “Intent to Bid.” The Prospective Bidder’s Intent to Bid must be received by the Administration Office, Department of Public Works no later than 4:30 p.m., ten (10) calendar days prior to the bid opening date. If the tenth day is on a Saturday, Sunday or State holiday, the Intent to Bid is due on the next working day following the due date. The Intent to Bid form is available at the Administration Office, Department of Public Works, Phone: (808) 961-8321 and for electronic download at the OpenGov Procurement Portal website: https://procurement.opengov.com/portal/hawaiicounty.
The original executed and notarized Standard Qualification Questionnaire for Offerors form “SQQO” must be received by the Administration Office, Department of Public Works, no less than forty-eight (48) hours prior to the 2:00 p.m. bid opening so it may be evaluated and approved by the County of Hawai‘i, Department of Public Works prior to bid opening. Please submit said form to allow for evaluation and approval by our office if such form had not been evaluated, approved and filed within the twelve (12) months, if there is any change in your previous responses as they relate to this project, or if additional information is requested. The SQQO form is available in hard copy at the Administration Office, Department of Public Works, Phone: (808) 961-8321 and for electronic download on the OpenGov Procurement Portal website: https://procurement.opengov.com/portal/hawaiicounty.
The bid opening and pre-bid meeting(s) required for this project (if any, as set in the TIMELINE) are scheduled at venues that are accessible to persons with disabilities. To request an auxiliary aid or for language interpretation services, please contact the Department of Public Works at (808) 961-8321 no less than five (5) working days prior to the established meeting date(s).
The Director of Public Works reserves the right to reject any or all bids and to waive any informalities. No Bidder may withdraw its bid after the hour set for the opening thereof or before the award of the contract, unless said award is delayed for a period exceeding NINETY (90) consecutive calendar days.
All prospective bidders/offerors are invited to attend a pre-bid conference to be held on Wednesday, May 20, 2026, 10:00 am. at the Parks & Recreation Conference Room, 101 Pauahi Street, Suite 6, Hilo Hawai‘i 96720. Attendance at the pre-bid conference is not a condition for submitting a bid; however, it is strongly encouraged. Subcontractors and union representatives are invited, but not required to attend. The conference is to provide bidders/offerors with an opportunity to ask questions about the contractual requirements and all technical aspects of the project. The conference will also address the minimum subcontractor listing requirements for the Project.
Reserved
There will be NO Pre-Bid for this project.
NOTE: All Contractors must include the following provisions in full in any subcontracts.
Ҥ 5.5 Contract provisions and related matters.
Required contract clauses.
(1) Minimum wages.
(i) Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. As provided in paragraphs (d) (Incorporation of contract clauses and wage determinations by reference) and (e) (Incorporation by operation of law) of this section, the appropriate wage determinations are effective by operation of law even if they have not been attached to the Contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) (Unfunded plans) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph (a)(4) (Apprentices and equal employment opportunity) of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (a)(1)(iii) of this section (Conformance)) and the Davis-Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(ii) Frequently recurring classifications.
(A) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph (a)(1)(iii) (Conformance) of this section, provided that:
(1) The work to be performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined;
(2) The classification is used in the area by the construction industry; and
(3) The wage rate for the classification bears a reasonable relationships to the prevailing wage rates contained in the wage determination.
(B) The Administrator will establish wage rates for such classifications in accordance with paragraph (a)(1)(iii)(A)(3) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
(iii) Conformance.
(A) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the Contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performance by a classification in the wage determination;
(2) The classification is used in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(B) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.
(C) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(E) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs (a)(1)(iii)(C) and (D) of this section. The Contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph (a)(1)(iii)(C) or (D) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iv) Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(v) Unfunded plans. If the contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the Contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account asset for the meeting of obligations under the plan or program.
(vi) Interest. In the event of a failure to pay all or part of the wages required by the Contract, the Contractor will be required to pay interest on any underpayment of wages.
(2) Withholding.
(i) Withholding requirements. The County of Hawaii may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in paragraph (a) of this section for violation of this Contractor, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the Contractor under this Contract, any other federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the Contractor liability for which the funds were withheld. In the event of a Contractor’s failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (other otherwise working in construction or development of the project under a development statute) all or part of the wages required by the Contract, or upon the Contractor’s failure to submit the required records as discussed in paragraph (a)(3)(iv) of this section, the County of Hawaii may on its own initiative and after written notice to the Contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
(ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds by:
(A) A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;
(B) A contracting agency for its reprocurement costs;
(C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate;
(D) A contractor’s assignee(s);
(E) A contractor’s successor(s); or
(F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
(3) Records and certified payrolls –
(i) Basic record requirements –
(A) Length of record retention. All regular payrolls and other basic records must be maintained by the Contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(B) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker’s correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contribution or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(C) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph (a)(1)(v) of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141 (2)(B) of the Davis-Bacon Act, the Contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(D) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
(ii) Certified payroll requirements –
(A) Frequency and method of submission. The Contractor or subcontractor must submit weekly, for each week in which any DBA-or Related Acts-covered work is performed, certified payrolls to the appropriate awarding Federal agency if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to the appropriate awarding Federal agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit
certified payrolls through an electronic system, as long as the electronic system requires a
legally valid electronic signature; the system allows the contractor, the contracting agency,
and the Department of Labor to access the certified payrolls upon request for at least 3
years after the work on the prime contract has been completed; and the contracting
agency or prime contractor permits other methods of submission in situations where the
contractor is unable or limited in its ability to use or access the electronic system.
(B) Information required.
The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph (a)(3)(i)(B) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347/.pdf or
its successor website. It is not a violation of this section for a prime contractor to require
a subcontractor to provide full Social Security numbers and last known addresses,
telephone numbers, and email addresses to the prime contractor for its own records,
without weekly submission by the subcontractor to the sponsoring government agency (or
the applicant, sponsor, owner, or other entity, as the case may be, that maintains such
records).
(C) Statement of Compliance. Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the Contractor or subcontractor, or the Contractor’s or subcontractor’s agent who pays or supervises the payment of the persons working on the Contract, and must certify the following:
(1) That the certified payroll for the payroll period contains the information required to be provided under paragraph (a)(3)(ii) of this section, the appropriate information and basic records are being maintained under paragraph (a)(3)(i) of this section, and such information and records are correct and complete;
(2) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract.
(D) Use of Optional Form WH-347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (A)(3)(ii)(C) of this section.
(E) Signature. The signature by the Contractor, subcontractor, or the Contractor’s or subcontractor’s agent must be an original handwritten signature or a legally valid electronic signature.
(F) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(G) Length of certified payroll retention. The Contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
(iii) Contractors, subcontracts, and related documents. The Contractor or subcontractor must maintain this Contract or subcontract and related documents, including, without limitation, bids, proposals, and amendments, modifications, and extensions. The Contractor or subcontractor must preserve these Contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
(iv) Required disclosures and access –
(A) Required record disclosures and access to workers. The Contractor or subcontractor must make the records required under paragraphs (a)(3)(i) through (iii) of this section, and any other documents that the County of Hawaii or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the County of Hawaii or the Department of Labor, and must permit such representatives to interview workers during working hours on the job.
(B) Sanctions for non-compliance with records and worker access requirements. If the Contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the Contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews, during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production.
(C) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and laws known address, telephone number, and email address of each covered worker, and must provide them upon request to the appropriate awarding Federal agency if the agency is party to the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to the County of Hawaii, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.
(4) Apprentices and equal employment opportunity —
(i) Apprentices.
(A) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(B) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the age determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination.
(C) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph (a)(4)(i)(D) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph (a)(4)(i)(A) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.
(D) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker’s hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor’s registered program must be observed.
(ii) Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with the equal opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts. The Contractor or subcontractor must insert in any subcontracts the clauses contained in paragraphs (a)(1) through (11) of this section, along with the applicable wage determination(s) and such other clauses or contract modifications as the appropriate awarding Federal agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate.
(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this contract, the Contractor certifies that neither it nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
(iii) The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.
(11) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
(i) Notifying any contractor or any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
(ii) Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
(iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
(iv) Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.”
Reserved
TBD
“Compliance with the Copeland “Anti-Kickback” Act.
Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract.
Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 C.F.R. § 5.12.”
TBD
Reserved
Wesley R. Segawa, P.E., Director
Department of Public Works
County of Hawai‘i
Ҥ 5.5 Contract Provisions and related matters.
(b) Contract Work Hours and Safety Standards Act (CWHSSA).
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $33 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages.
(i) Withholding process. The County of Hawaii, may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.
(ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds by:
(A) A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;
(B) A contracting agency for its reprocurement costs;
(C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate;
(D) A contractor’s assignee(s);
(E) A contractor’s successor(s); or
(F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
(4) Subcontracts. The Contractor or subcontractor must insert in any subcontracts the clauses contained in paragraphs (b)(1) through (5) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (5). In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.
(5) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
(i) Notifying any contractor or any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part;
(ii) Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the CWHSSA or this part;
(iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
(iv) Informing any other person about their rights under CWHSSA or this part.”
[NOTE: In addition to the required language from clauses (1) through (5) above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any other statutes cited in 29 C.F.R. § 5.1, the following provisions also apply.]
“Further Compliance with the Contract Work Hours and Safety Standards Act.
(1) The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and last known address of each such employee, email address, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.
(2) Records to be maintained under this provision shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the County of Hawaii and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview employees during working hours on the job.”
Reserved
[NOTE: If the Rights to Inventions Made Under a Contract or Agreement provisions are applicable to this Contract, the procuring County department/agency shall provide the required language set forth in the federal awarding agency’s NOFO or other federal program guidance.]
[Procuring County department/agency shall include here the required provisions language].
Reserved
Clean Air Act and federal Water Pollution Control Act, applies if solicitation is greater than $150,000.
“Clean Air Act.
The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
The Contractor agrees to report each violation to the County of Hawaii and understands and agrees that the County of Hawaii will, in turn, report each violation as required to assure notification to the federal awarding agency, and the appropriate Environmental Protection Agency Regional Office.
The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by the federal awarding agency.
Federal Water Pollution Control Act.
The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.
The Contractor agrees to report each violation to the County of Hawaii and understands and agrees that the County of Hawaii will, in turn, report each violation as required to assure notification to the pass-through entity, if applicable, the federal awarding agency, and the appropriate Environmental Protection Agency Regional Office.
The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by the federal awarding agency.”
Reserved
Debarment and Suspension, applies if solicitation is greater than $25,000.
“Suspension and Debarment.
This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the Contractor is required to verify that none of the Contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
The Contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by the County of Hawaii. If it is later determined that the Contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to the County of Hawaii, the federal government may pursue available remedies, including but not limited to suspension and/or debarment.
The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.”
Reserved
Byrd Anti-Lobbying Amendment (also requires a certification), applies if solicitation is greater than $100,000.
“Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal awarding agency.”
NOTE: If applicable, contractors must sign and submit certification regarding lobbying. The County procuring department/agency is responsible for attaching the required certification to this Contract.
Reserved
Procurement of Recovered Materials, applies if solicitation includes work that involves the use of materials and the contract is for more than $10,000.
“In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
Reserved
“Prohibition on Contracting for Covered Telecommunications Equipment or Services.
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause—
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the Contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Exceptions.
(1) This clause does not prohibit Contractors from providing—
(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and
ii. Are not used as critical technology of any system.
(ii)Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii)Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.”
Reserved
“Domestic Preference for Procurements.
As appropriate, and to the extent consistent with law, the Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.
For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.”
Reserved
“The Contractor agrees to provide the County of Hawaii, the State of Hawaii, the federal awarding agency, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
The Contractor agrees to provide the federal awarding agency administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.”
Reserved
“The Contractor shall not use the federal awarding agency’s seal(s), logos, crests, or reproductions of flags or likenesses of the federal awarding agency officials without specific pre-approval. The Contractor shall include this provision in any subcontracts.”
Reserved
“This is an acknowledgement that federal financial assistance will be used to fund all or a portion of the contract. The Contractor will comply with all applicable federal law, regulations, executive orders, federal policies, procedures, and directives.”
Reserved
“The federal government is not a party to this contract and is not subject to any obligations or liabilities to the County of Hawaii, Contractor, or any other party pertaining to any matter resulting from the contract.”
Reserved
“The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.”
Reserved
“If subcontracts are to be let, the prime Contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.”
Reserved
“License and Delivery of Works Subject to Copyright and Data Rights.
The Contractor grants to the County of Hawaii, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County of Hawaii or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County of Hawaii data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County of Hawaii.”
Reserved
TBD
TBD
The Bidder hereby proposes to furnish and pay for all materials, tools, transportation, equipment, labor and other incidental work necessary to construct and complete in place the “OUTDOOR SPORTS COURTS RECONSTRUCTION - WEST HAWAI‘I PARKS,” Job No. PR-4902, North Kona, South Kona, and Ka‘ū, Hawai‘i, together with equipment and all necessary appurtenances and work incidental thereto in accordance with the true intent and meaning of the Plans, Notice to Bidders, Proposal, Wage Rate Schedule, General Specifications, and Detail Specifications, made a part of these specifications; and Standard Specifications for Public Works Construction (September, 1986) and General Requirements and Covenants (July, 1972), made a part of these specifications by reference; and any other form of pertinent proposed contract documents which have been attached herein and hereby made a part of the project specifications and contract documents, which are on file in the Administration Office, Department of Public Works, City of Hilo, County and State of Hawai‘i, for the Schedule of Values.
Note: Failure to complete this form accurately and in its entirety may be grounds for rejection of bid, at the Director’s discretion.
It is understood and agreed that the award of the contract shall be based on the lowest Lump Sum Basic Bid or combination of Lump Sum Basic Bid and any, all or none of the Alternate(s) as determined by the Director to be in the best interest of the County of Hawai‘i. The Bidder acknowledges and agrees that it is the Director’s sole discretion to incorporate or not incorporate any, all or none of the Alternate(s) into the scope of the Contract.
The Bidder agrees to complete all work no later than ONE HUNDRED TWENTY (120) consecutive calendar days from and including the date of commencement as specified in a written order by the Director, Department of Public Works, County of Hawai‘i.
It is also understood that as a pre-requisite of contract award, the Contractor shall provide an accurate breakdown of its bid into the categories and subcategories of work set forth in Schedule of Values section of these specifications to the Director not later than FIVE (5) consecutive working days upon notification by the Director, or his authorized designee, that the County is considering its bid. Unless otherwise noted, the distinctions between the various categories and subcategories of work shall be as assigned to the corresponding divisions of work in the proposed contract plans and specifications. Likewise, the Contractor shall furnish to the Director or his authorized designee, a copy of all subcontractor proposals/agreements used in the preparation of its bid proposal identifying the prices, terms and scope (either exclusionary or inclusionary) related to their involvement in the work. Failure to submit the required documentation in a complete and timely manner and to the satisfaction of the Director may be cause for rejection of its bid, at the sole discretion of the Director.
It is understood and agreed that the liquidated damages shall be as set forth in the General Requirements and Covenants of the County of Hawai‘i (July, 1972), as amended by the Special Provisions and determined for this Project to be the sum of SIX HUNDRED TWENTY-FIVE DOLLARS ($625.00) per consecutive calendar days.
It is also understood and agreed that the Director reserves the right to accept or reject any and all bids and to waive any and all defects and informalities, when in his opinion such rejection or waiver will be for the best interest of the County of Hawai‘i.
It is also understood and agreed that the award of the contract hereunder shall be conditioned upon the Director having the right to hold all bids for a period of NINETY (90) consecutive calendar days from the opening hereunder unless otherwise required by law, during which time no bid may be withdrawn.
The Bidder hereby agrees that if it is awarded this contract, pursuant to Section 3.6 of the General Requirements and Covenants of the County of Hawai‘i (July 1972), it will enter into and execute the same within TEN (10) days from the date of receipt of the contract and furnish a bond in the amount and character required within the time specified by the specifications, pursuant to Section 103D-324, Hawai‘i Revised Statutes.
The Bidder further agrees that if awarded the contract and if it FAILS to enter into and execute the contract and furnish the required bond within the specified time, the county may determine the bidder has abandoned the contract and thereupon forfeiture of the security accompanying his/her proposal shall operate and the same become property of the County of Hawai‘i.
The Bidder further understands and agrees that by submitting this proposal, 1) it is declaring its proposal is not in violation of Chapter 84, Hawai‘i Revised Statutes, concerning prohibited State contracts, and 2) it is certifying that the price(s) submitted was/were independently arrived at without collusion.
Substitution of Retainage. Pursuant to Section 103-32.2, Hawai‘i Revised Statutes, the contracting officer may enter into agreement with the Contractor which will allow the Contractor to withdraw from time to time the whole or any portion of the sum retained under Section 103-32.1 upon depositing with the contracting officer any general obligation bond of the State of Hawai‘i or counties of Hawai‘i, Maui, Kauai or City and County of Honolulu with a market value of not less than the sum to be withdrawn. A certificate of market value from a bank or trust company or stock brokerage firm must be submitted with the bond. If registered bonds are used, they must be assigned irrevocably to the County of Hawai‘i.
The Offeror is required to upload a PDF copy of the bid security as a required element of this solicitation.
The offeror must submit the original bid security within five (5) working days from the notification of intent to award. If the offeror fails to comply with this requirement, the procurement officer has the option to reject the electronically submitted offer.
(HAR 3-122-9[d])
If not applicable please state "N/A"
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Example: This project generally consists of constructing infrastructure for an owner furnished mobile structure including concrete foundations, a concrete slab and sidewalk, an ADA accessible parking stall, providing and installing a self-contained waste holding tank, utility connections, and all related work in accordance with the plans and specifications.
Example: North Kona District
Example: Pāhoa, Puna
Example: General Engineering Contractor License “A”, or a Building Contractor’s License “B”.
Example: ONE HUNDRED TWENTY (120) consecutive calendar days
Example: NINETY DAYS (90) consecutive calendar days
Example: ONE HUNDRED FIFTY DOLLARS ($150.00) per consecutive calendar days
Example: no additional contract time
Example: SIXTY (60) calendar days
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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