How Bidding and Contract Awards Work for Special Improvements

(a) The bid process for the construction of special improvements shall be administered by the responsible department in accordance with procedures and requirements applicable to County of Hawai‘i projects and the state Procurement Code. (b) The bid specifications shall contain provisions that specify that the award of the contract will not occur until the improvement district is created and the necessary funds for construction are appropriated. (c) The responsible department may award the work as an entire contract or, in its discretion, make one or more contracts separately for the different kinds of work to be performed. (d) Notwithstanding the foregoing, if one hundred percent of the assessment units are owned by a single owner, or by two or more owners who have duly designated one owner to act on their behalf as the owners’ duly authorized representative, the responsible department may authorize the owner or owner’s representative to administer the bid process, award the work and administer the contract or contracts for such work, subject to: (1) The responsible department’s oversight; (2) Compliance with all applicable procedures and requirements of the County of Hawai‘i; and (3) If progress payments for the work are to be made pursuant to section 12-53(f), receipt by the County, prior to execution and delivery of the contract(s) for the work, of satisfactory assurances and agreements from the owner or owners’ representative and the contractor that the contractor(s) and contract(s) are in the best interest of the County, that the contractor(s) is(are) competent and 12-18 SUPP. 8 (7-2020) IMPROVEMENTS BY ASSESSMENTS § 12-24 capable of performing the work, that the work will be performed in compliance with plans and specifications approved by all applicable governmental agencies, including the responsible department and/or the cooperating department, and that adequate performance and payment bonds have been issued to assure that the work will be completed in accordance with the approved plans and specifications and duly paid for.