1.0 Overview
This Request for Proposals (“RFP”) is issued by the Honolulu Authority for Rapid Transportation (“HART”) to solicit sealed proposals for the Outside Counsel for Land Court Petition Services “III” Contract.
1.1 HART Description
HART is a semi-autonomous agency of the City and County of Honolulu (the “City”), established in 2011 pursuant to a 2010 amendment to the Revised Charter of the City (Charter). Originally, HART was authorized under the Charter to “plan, construct, operate and maintain” the City’s fixed guideway rail system. In 2016, voters of the City approved an amendment to the Charter that transferred the responsibility for operations and maintenance of the rail system to the City. Accordingly, HART’s responsibilities are to plan, design, develop and construct the Honolulu Rail Transit Project (the “Project”).
The Project consists of design and construction of an 18.9-mile, grade separated fixed rail system from East Kapolei to the Civic Center Station in Honolulu, Hawai’i. From East Kapolei, the Project proceeds to the University of Hawaiʻi at West Oahu, then east to Pearl Harbor, the Daniel K. Inouye International Airport, through downtown Honolulu, and will have a temporary terminus at the Civic Center Station in Kaka’ako. The Project will operate in an exclusive right-of-way and will be grade separated except for a 0.6-mile, at grade section near Leeward Community College. The Project includes 19 stations, 80 fully automated (driverless) rail vehicles and a Maintenance and Storage Facility. The Project is the largest infrastructure project in the history of the State of Hawai’i and will be the first fully automated commuter rail system in the nation.
HART is 100% taxpayer funded. HART’s funding primarily consists of: a 0.5% county surcharge on the State of Hawaii’s General Excise Tax (GET); a 1% surcharge on the State’s Transient Accommodations Tax (TAT); a $1.55 billion grant from the Federal Transit Administration; a portion of the Oahu TAT administered by the City; and a subsidy of $214 million from the City. Most of HART’s funding is restricted to the capital expenditures of the Project. Accordingly, the largest asset on the Statement of Position relates to the capital assets. As operating segments of the Project are completed, the related capital assets will be transferred to the City’s Department of Transportation Services (DTS) to be placed into operation. In June 2023, the Project’s first operating segment was completed and the assets were transferred from HART to DTS. Honolulu’s rail system, called Skyline, was opened to the public on June 30, 2023. The second operating segment is expected to be complete in the summer of 2025.
HART is governed by a Board of Directors consisting of ten members. There are nine voting members of the Board, including the Director of the State of Hawaiʻi Department of Transportation (HDOT), the Director of the City’s Department of Transportation Services (DTS), and seven volunteers from the community: three appointed by the Mayor, three appointed by the City Council and one appointed by the other voting members. The Director of the City’s Department of Planning and Permitting is a non-voting ex-officio member. In addition the Senate President and the Speaker of the House may each appoint two individuals to participate with the Board.
1.2 Land Court Petition Services “III” Contract Description
The selected Offeror (or “Contractor”) will be utilized on an as-needed basis for land court filings and to assist with other real estate transaction documentation, as per the scope of services. The Contractor shall perform legal services in support of HART’s acquisition of real property, primarily with the land court process and other transaction legal issues. Legal services will include legal research, analysis, drafting petitions and other legal documents, and representation of HART. Services will not include eminent domain work.
Work assignments will be issued to Contractor by HART on a Task Order basis. The Task Order will contain the scope of the assignment and the budget and schedule.
The Contractor’s scope of work will include, but is not limited to:
a) Assisting in the development of Task Orders;
b) Conducting research and analysis as required
c) Identifying appropriate actions required to perfect acquisition and recording of the property;
d) Conducting a quality review of filing documentation provided by others;
e) Notifying HART of any deficiencies and required corrections;
f) Performing services needed to successfully complete Land Court filing;
g) Participating in any hearings related to Land Court filing;
h) Providing HART appropriate documentation of the transaction; and
i) Assist in the preparation and execution of real estate documentation such as a memorandum of understanding, purchase and sales agreement, settlement agreements, Grant of Easements, transfer deeds, and other easement documents;
j) Provide monthly status and other reports and/or participate in status meetings as requested by HART; and
k) Performing other related work as specified by HART.
Because the timing and level of effort required to perform the work cannot be determined in advance, the work will be assigned by Task Orders. The scope, budget and schedule for work performed under this Contract will be assigned and negotiated through stand-alone Task Orders. There is no guarantee of any specific work or specific type of work described in Appendix A. The selected Offeror must be prepared and equipped to provide its services.
Notwithstanding the above, the Contractor is guaranteed Task Orders in a cumulative amount of at least TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00). The Maximum Amount of Task Orders issued under this Contract shall not exceed ONE MILLION and No/100 DOLLARS ($1,000,000.00).
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