Haw. Code R. § 15-107-12 - Required information and materials

(a) Any developer wishing to respond to a request for proposals shall submit the following information and material as part of its proposal.

(b) Qualifications of the developer.

(1) Identification of the developer with whom the authority would enter into a development agreement.

(2) Identification of the developer and its project team, including design consultants, contractors, subcontractors, financial partners, joint venture partners or limited partners; a description of the roles and responsibilities of each team member, and their respective legal relationship with the developer or development team, including their respective percentage interest in the developer, if any.

(3) The previous relevant project experience of the developer and the respective members of its project team (including joint venture partners).

(4) Evidence satisfactory to the authority of the financial capability of the developer to develop the convention center. Such evidence shall include financial statements (audited, if available) for the developer and all of its component entities for the last completed fiscal year and for the most recent interim date in the current fiscal year. The financial statements shall be prepared in conformity with generally accepted accounting principles, and shall include a balance sheet, statement of income, statement of cash flows, and footnotes. The financial statements may be submitted confidentially under separate cover.

(5) Reliable references for the developer and all of its component entities, including credit references.

(6) Identification of the developer's project team for development of the convention center facility including all known consultants, contractors, subcontractors, and suppliers, adequate description of the roles and responsibilities to be assumed by each member of the team and of any contemplated contracts or agreements among the members of the team, and identification of and personal resumes for all key individual personnel on the team.

(7) Designation of an individual or individuals in the State to serve as primary developer contact and liaison with the authority during the request for proposals process, and during the design and construction phase.

(8) Complete and detailed descriptions of any pending or previous litigation, or both, involving the developer, its component entities, and its development project team, including a brief description of the projects and opposing parties, a summary of the claims and resolutions by adjudication, mediation, or settlement.

(9) Itemized budgets for design and construction costs, soft costs, and contingencies.

(c) Environmental impact statement.

(1) A detailed environmental report that describes the potential environmental impacts of the developer's proposed design as well as possible ways to mitigate the impacts and a commitment of the developer to submit an environmental impact statement for the convention center development plan, which shall be in full compliance with chapter 343, HRS.

(2) Commitment of the developer to fully comply with the provisions and procedures of chapter 343, HRS, including any other federal and State environmental statutes or municipal ordinances now in force or which may hereafter be in force.

(3) If any other federal, State or county laws relating to environmental issues applies to the developer's convention center development plan, a complete and detailed description of the developer's plan for achieving compliance with the law without duplication of effort or delay in the request for proposals process.

(d) Convention center development plan. A complete description of the development plan including, but not limited to, the following:

(1) Narrative description of the development plan, design and engineering concepts, construction techniques, materials, landscaping, and building orientation;

(2) Complete and detailed description of the convention center facility and all other improvements, including preliminary building floor plans illustrating the overall development, individual buildings, parking systems, utilities systems, service facilities, vehicle and pedestrian traffic systems, and organizational and activities schemes;

(3) Plans showing overall development drawings, building elevations, longitudinal and cross sections, sketches of major and typical interior spaces, exterior perspective drawings, and a scale model;

(4) Complete and detailed statement of each and every variance, exception, exemption, or amendment relating to health, safety, building, planning, zoning, or land use required by the developer in order to lawfully develop and construct pursuant to its convention center development plan, along with precise identification of each and every affected statute, rule, regulation, code, plan, ordinance, or other law relating to the use, zoning, planning, and development of land and construction thereon, and precise and sufficient legal justification for each required variance, exception, exemption, or amendment;

(5) Complete, detailed, and definite schedule for all development within the convention center district pursuant to the convention center development plan, including supportive, technical, and logical rationale for the schedule, and a reasonable commitment to the schedule by the developer;

(6) Complete and detailed description of a mechanism for developer supervision, inspection, and approval of the convention center development including, provisions governing schedule changes, change orders, and value engineering, and an unconditional commitment of the developer to comply with the mechanism;

(7) Complete and detailed description of the developer's relocation plan, if required, in compliance with section 206X-7, HRS.

(8) Proposal for additional monetary contribution by the developer to defray costs relating to the relocation of persons, if any, displaced because of development pursuant to its convention center development plan, including definite amount, proposed form, and timing of such contribution; and

(9) Complete and detailed description of the developer's mechanism for insuring completion by the developer of all development proposed in its convention center development plan, and for insuring payment for all services and materials utilized in the development proposed in its convention center development plan, including any bonds, contracts, or agreements made or contemplated for the mechanism, and an unconditional commitment by the developer to full completion and payment.

(e) The authority shall have the right to add, delete, or modify any of the submission requirements contained in section 15-107-12 where the authority deems it is necessary to best serve the purposes, policies, and provisions of chapter 206X, HRS.

Notes

Haw. Code R. § 15-107-12

[Eff 11/20/89; am and comp FEB 25 1994] (Auth: HRS § 206X-4) (Imp: HRS §§ 206X-4, 206X-5, 206X-6, 206X-7)