SOLICITATION DOCUMENT NO. RFP-DTS-910409 NOTICE TO OFFERORS REQUEST FOR SEALED PROPOSALS (RFP) Title: Rail Station Connectivity for Transit-Oriented Development- Waipahu Description: Design-build multi-modal improvement around the Waipahu Transit Center Rail Station Request Agency: Department of Transportation Services, City & County of Honolulu, Hawaii. COMPETITIVE SEALED PROPOSALS shall be received no later than: Close Time: 16:00 HST Close Date: February 8, 2016 Location: Division of Purchasing, Department of Budget and Fiscal Services 530 South King Street, Room 115, City Hall Honolulu, Hawaii 96813 Bidders shall be licensed in accordance with Chapter 444, HRS, relating to the licensing of Contractors. Pursuant to Chapter 103D-303.5 of the Hawaii Revised Statutes, a pre-bid conference shall be held for construction or design-build projects with a total estimated contract value of $100,000.00 or more. The pre-bid conference for this project will be held on _Tuesday, January 12, 2016 at 9:00 A.M. at City and County pf Honolulu, Department of Transportation Services, 650 South King Street, 3rd Floor Conference Room, Honolulu, Hawaii 96813_. All prospective offerors or their representatives are encouraged to attend, but attendance is not mandatory. The Hawaii product preference pursuant to Section 103D-1002 of the Hawaii Revised Statutes and Section 3-124 of the Hawaii Administrative Rules may be applicable to this solicitation. The current Hawaii Products List is available on the SPO website at http://spo.hawaii.gov/for- vendors/hawaii-product-preferences. Persons wishing to certify and qualify a product not currently listed as a Hawaii Product shall submit a Certification for Hawaii Product Preference (form SPO-38) to ST-10/1/14 Division of Purchasing City and County of Honolulu 530 S. King Street, Room 115 Honolulu, Hawaii 96813. Attention: Purchasing Administrator For each product being requested, one form shall be completed and submitted (i.e. 3 products should have 3 separate forms completed). The form is available on the State Procurement Office (SPO) webpage at http://hawaii.gov/forms/state-procurement-office. To download the form, click on the ‘‘SPO-38’‘ link. The deadline for submitting a completed SPO-38 is January 19, 2016. Late submittals for this solicitation will not be reviewed by the City. Questions relating to this solicitation shall be emailed to Kelsi Imamura at [email protected]. WENDY K. IMAMURA Purchasing Administrator ST-10/1/14 TABLE OF CONTENTS NOTICE TO OFFERORS Schedule of Events Special Instructions to Offerors Sample Contract Evaluation Criteria General Instructions to Offerors APPENDIX A: SCOPE OF WORK EXHIBIT 1 EXHIBIT 2 EXHIBIT 3 EXHIBIT 4 EXHIBIT 5 EXHIBIT 6 AutoCAD 2004 Hikimoe Street Improvements for City Express Bus Service (Included separately) APPENDIX B: TERM/SCHEDULE OF WORK APPENDIX C: PRICING/CERTIFICATIONS [TO BE SUBMITTED] APPENDIX D: SPECIAL PROVISIONS APPENDIX E: GENERAL TERMS AND CONDITIONS APPENDIX F: CONTRACTOR’S PROPOSAL [TO BE SUBMITTED] NoticetoOfferors 3 NOTICE TO OFFERORS - SCHEDULE OF EVENTS All times indicated are Hawaii Standard Time (HST). Deadline to Submit Form SPO-38: January 19, 2016 Deadline to Submit Request for Clarifications/Substitutions: January 19, 2016 Last Day to Issue Addenda: January 26, 2016 DEADLINE FOR OFFERS: February 8, 2016 NoticetoOfferors 4 NOTICE TO OFFERORS – SPECIAL INSTRUCTIONS TO OFFERORS 1. General Instructions to Offerors for the City and County of Honolulu dated 8/1/13 The General Instructions to Offerors for the City and County of Honolulu dated 8/1/13 shall apply. If not physically attached, it shall be incorporated by reference herein and referred to as the ''General Instructions.'' Copies may be obtained online at www.honolulu.gov/pur; click on the link titled: '' Instructions, Terms & Conditions''. 2. Preparation of proposals The Offeror shall submit one original proposal plus 4 hard copies. The City requires that the Offeror provide a digital copy of the entire proposal. The Offeror’s proposal shall consist of the Appendix C: Pricing / Certifications and the Appendix F: Contractor’s Proposal. 3. Method of Award The City shall award to the responsible Offeror whose offer is determined to be the most advantageous to the City in accordance with the solicitation’s evaluation criteria. The award is subject to the availability of funding. 4. Sample of Contract A sample of the City & County of Honolulu’s contract form is included as Notice to Offerors - Exhibit 1. Any questions regarding the City’s contract form shall be submitted prior to the solicitation’s deadline to submit Request for Clarifications/Substitutions. 5. License Requirement All Offerors must hold a current “A” Contractor’s license from the State of Hawaii. No proposals will be accepted from any unlicensed offeror. 6. Hawaii Product Preference The Hawaii product preference (HRS §103D-1002 and HAR §3-124 Subchapter 1) shall apply to this solicitation. To claim the preference, the Offeror shall follow the instructions and complete the forms provided in Appendix C: Pricing / Certifications. 7. Safety and Health Programs HRS 396-18, Safety and Health Programs for Contractor Bidding on City Jobs Pursuant to HRS 396-18, all bids and proposals in excess of $100,000 for state construction jobs as defined in section 103D-104 shall include a signed certification from the offeror that a written safety and health plan for the job will be available and implemented by the notice to proceed date of the project. Pursuant to HRS 489E, Uniform Electronic Transactions Act, submittal of an electronic bid in excess of $100,000 shall be deemed to be this signed certification. NoticetoOfferors 5 8. Bid Security The Offeror shall provide a bid security with its offer. The bid security amount shall be at least five percent of the amount of the offer. The bid security shall conform to the requirements of Section 2.10 (c) of the General Instructions. The City shall not pay any interest on the bid security. The City shall reject an offer without a bid security. 9. Public Works Apprenticeship The Public Works Apprenticeship programs shall apply to this solicitation. To claim the preference, the Offeror shall follow the instructions and complete the applicable preference form provided in Appendix C: Pricing / Certifications. NoticetoOfferors 6 NOTICE TO OFFERORS - EXHIBIT 1: SAMPLE CONTRACT CONTRACT NO. XX-XXX-XXXXXXX SOLICITATION NO. RFP-XXX-XXXXXXX THIS AGREEMENT, made and entered into on , by and between the CITY AND COUNTY OF HONOLULU, a municipal corporation existing under and by virtue of the laws of the State of Hawai'i, with offices at Honolulu Hale, 530 South King Street, Honolulu, Hawaii 96813, hereinafter called the “CITY,” and [CONTRACTOR'S LEGAL NAME] whose principal place of business is [CONTRACTOR'S ADDRESS], hereinafter referred to as the “CONTRACTOR.” WITNESSETH THAT: WHEREAS, the CITY desires to engage the CONTRACTOR to [Project Description] and WHEREAS, a solicitation for bids and the selection of the CONTRACTOR were made in accordance with section 103D-302, Hawaii Revised Statutes (HRS) and the related Hawaii Administrative Rules (HAR). The CONTRACTOR has been identified as the lowest responsible and responsive bidder, whose bid meets the requirements and criteria set forth in the invitation; and WHEREAS, the CONTRACTOR is willing and able to provide the services set forth in this Agreement; NOW, THEREFORE, the City and the CONTRACTOR, in consideration of the foregoing and of the mutual promises hereinafter set forth, the sufficiency and adequacy of which are hereby acknowledged, and intending to be legally bound, hereby mutually agree as follows: 1. This Contract and the following documents, appendices and exhibits collectively form the “Agreement” or “Contract Documents”, all of which are attached hereto and incorporated herein: This Contract Appendix A: Scope of Work Appendix B: Term/Schedule of Work Appendix C: Pricing/Certifications Appendix D: Special Provisions Appendix E: General Terms and Conditions (GTC) Appendix F: Contractor’s Proposal The Contract Documents as listed hereinabove are in the order of controlling preference should there be any conflict in the terms of the Contract Documents. NoticetoOfferors 7 2. The CONTRACTOR shall furnish all services, labor, goods, materials, supplies, equipment and other incidentals reasonably necessary for the successful completion of the work contemplated under Appendix A: Scope of Work and this Agreement. 3. The CITY agrees to pay the CONTRACTOR for the satisfactory performance and completion of the Work in accordance with the payments schedule and provisions, all as set forth in Appendix C: Pricing/Certifications, Appendix D: Special Provisions and Appendix E: General Terms and Conditions. The total amount of this Agreement shall not exceed [Dollar Amount Spelled Out] [($XX.XX)], which is the maximum payable under this Agreement and inclusive of all taxes. CONTRACTOR shall not pass through any increases in taxes to the City. Such payments shall be provided from the following funds: FederalFunds [DollarAmount] CityFunds [DollarAmount] It is hereby agreed by and between the parties hereto that the sum of [Dollar Amount] shall be paid only out of the applicable Federal funds, and that this Agreement shall be construed to be an agreement by the City to pay such compensation to the CONTRACTOR only out of the aforesaid Federal funds when such Federal funds are received from the Federal Government 4. The term