SPECIFICATIONS AND PROPOSAL

FOR

GRADING CORAL FLATS,

KAWAIHAE HARBOR, HAWAII ISLAND

JOB S50214

STATE OF HAWAII

DEPARTMENT OF TRANSPORTATION

HARBORS

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NOTICE TO BIDDERS

Hawaii Revised Statutes (HRS), Chapter 103D

The receiving of bids for GRADING CORAL FLATS, KAWAIHAE HARBOR, HAWAII ISLAND, JOB S50214, will begin as of the HIePRO Release Date. Bidders shall register and submit complete bids through HIePRO only. Refer to the following HIePRO link for important information on Vendor Registration:

https://hiepro.ehawaii.gov/welcome.html.

The solicitation plans, specifications, proposal, and additional documents designated or incorporated by reference shall be available in HIePRO.

HIePRO OFFER DUE DATE & TIME is June 22, 2026, at 2:00 p.m., Hawaii Standard

Time (HST). Bidders shall submit and upload the complete proposal to HIePRO prior to the offer due date and time. Proposals received after said due date and time shall not be considered. Any additional support documents explicitly designated as confidential and/or proprietary shall be uploaded as a separate file to HIePRO. Bidders shall not include confidential and/or proprietary documents as part of their proposal. The record of each bidder and their respective proposal shall be open to public inspection. FAILURE TO

UPLOAD THE PROPOSAL TO HIePRO SHALL BE GROUNDS FOR REJECTION.

The scope of work consists of mass grading of coral flats at Kawaihae Harbor, Hawaii

Island. The estimated cost of construction is between $1,000,000 and $1,700,000.

To be eligible for award, bidders shall possess a valid State of Hawaii General

Engineering Contr at the time of bidding.

The Hawaii Department of Transportation, Air and Water Transportation Facilities

Division, 2016 GENERAL PROVISIONS FOR CONSTRUCTION PROJECTS, applicable to

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this project are available on the internet at: http://hidot.hawaii.gov/administration/con/.

A virtual pre-bid conference is scheduled for June 1, 2026, at 10:00 a.m., HST.

Interested bidders shall contact Mr. Emmanuel Legaspi, Project Manager, directly at emmanuel.b.legaspi@hawaii.gov, no later than five working days prior to the scheduled pre-bid conference to receive the meeting invitation. All prospective bidders and/or their respective representatives are encouraged to attend, however, attendance is not mandatory. All information presented at the pre-bid conference shall be provided for clarification and information only. Any amendments to the solicitation shall be made by formal addendum and posted in HIePRO.

All Request for Information (RFI) questions and Substitution Requests shall be submitted in HIePRO no later than June 8, 2026, at 2:00 p.m., HST. RFI questions received after the stated deadline shall not be addressed. Substitution Requests received after the stated deadline shall not be considered. Verbal RFI(s) shall not receive a response. All responses to RFI questions shall be provided for clarification and information only and issued by formal addendum. Any amendments to the solicitation shall be made by formal addendum and posted in HIePRO.

If there is a conflict between the solicitation and information stated in the pre-bid conference, the meeting minutes, and/or the responses to RFI questions, the solicitation shall govern and control, unless as amended by formal addendum.

Apprenticeship Preference. A five percent bid adjustment for bidders that are party to apprenticeship agreements pursuant to HRS § 103-55.6 is applicable to this project.

Employment of State Residents on Construction Procurement Contracts. Compliance with HRS § 103B-3 is a requirement for this project whereby a minimum of 80 percent of the bidder s work force on this project shall consist of Hawaii residents.

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Campaign Contributions by State and County Contractors. Contractors are hereby notified of the applicability of HRS § 11-355 which states that campaign contributions are prohibited from specified State or county government contractors during the term of the contract if the contractors are paid with funds appropriated by a legislative body. For more information, contact the Campaign Spending Commission at (808) 586-0285.

Protests. Any protest of this solicitation shall be submitted in writing to the Director of

Transportation, in accordance with HRS § 103D-701 and Hawaii Administrative Rules § 3-126.

The Equal Employment Opportunity Regulations of the Secretary of Labor implementing

Executive Order 11246, as amended, shall be complied with on this project.

Federally Assisted Programs of th

Federal Regulations (CFR), Part 21, is applicable to this project. Bidders are hereby notified that the Department of Transportation shall affirmatively ensure that the contract entered into pursuant to this advertisement shall be awarded to the lowest responsible bidder without discrimination on the grounds of race, color, national origin, or sex (as directed by 23 CFR, Part 200).

For additional information, contact Emmanuel Legaspi, Project Manager, by phone at

(808) 587-1875, or by email at emmanuel.b.legaspi@hawaii.gov.

The State reserves the right to reject any or all proposals and to waive any defects in said proposals in the best interest of the public.

DREANALEE K. KALILI

Deputy Director of Transportation for Harbors

HIePRO RELEASE DATE: May 22, 2026

S50214

TABLE OF CONTENTS

Page

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SP-1 – SP-4

Instructions for Contractor’s Licensing

Special Provisions

Wage Rate Schedule (Not physically included in the bid documents)

SPECIFICATIONS

PART I – GENERAL PROVISIONS for CONSTRUCTION PROJECTS 2016 (Not physically included in the bid documents)

PART II – TECHNICAL PROVISIONS

Article X Project Description 10-1 – 10-6

Article XI Mobilization and Demobilization 11-1 – 11-2

Article XII Clearing and Grubbing 12-1

Article XIII Excavation and Embankment 13-1

Article XIV Temporary Water Pollution, Dust and Erosion Control 14-1 – 14-15

Requirements of Chapter 104, HRS (eH104-3 dated 05/24) 1 – 2

Proposal P-1 – P-6

Proposal Schedule P-7 – P-8

Surety Bid Bond

Sample Forms:

Sample Contract

Performance Bond (Surety)

Performance Bond

Labor and Material Payment Bond (Surety)

Labor and Material Payment Bond

Chapter 104 HRS Compliance Certificate

Certification of Compliance for Employment of State Residents, Act 192, SLH 2

INSTRUCTIONS FOR CONTRACTOR’S LICENSING

"A" general engineering contractors and "B" general building contractors are reminded that due to the Hawaii Supreme Court’s January 28, 2002 decision in Okada Trucking Co., Ltd. v. Board of Water Supply, et al., 97 Haw. 450 (2002), they are prohibited from undertaking any work, solely or as part of a larger project, which would require the general contractor to act as a specialty contractor in any area where the general contractor has no license. Although the "A" and "B" contractor may still bid on and act as the "prime" contractor on an "A" or "B" project (See, HRS § 444-7 for the definitions of an "A" and "B" project.), respectively, the "A" and "B" contractor may only perform work in the areas in which they have the appropriate contractor’s license (An "A" or "B" contractor obtains "C" specialty contractor’s licenses either on its own, or automatically under HAR § 16-77-32.). The remaining work must be performed by appropriately licensed entities. It is the sole responsibility of the contractor to review the requirements of this project and determine the appropriate licenses that are required to complete the project.

HAI

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SPECIAL PROVISIONS

The General Provision is amended as follows:

A. ARTICLE I - TERMS, ABBREVIATIONS, AND DEFINITIONS

1. Section 1.3 Definitions: The definition for “Subcontractor” is amended by deleting it and replacing it with the following:

“Subcontractor – An individual, partnership, firm, corporation, or joint venture, or other legal entity, as licensed or required to be licensed under Chapter 444, Hawaii Revised Statutes, as amended, which enters into an agreement with the Contractor to perform a portion of the work.”

2. Section 1.3 Definitions: The definition for “Proposal (or Bid)” is amended by deleting it and replacing with the following:

“PROPOSAL (OR BID) - The offer of a Bidder, on the prescribed HDOT form, submitted by the Bidder in response to a solicitation request, to perform the work required by the proposed contract documents, for the price quoted and within the time allotted.”

3. Add the following to Section 1.3 Definitions.

“HAWAII ePROCUREMENT SYSTEM (HIePRO) - The State of Hawaii eProcurement System for issuing solicitations, receiving proposals and responses, and issuing notices of award.”

B. ARTICLE II – STANDARD PROVISIONS FOR COMPETITIVE SEALED BIDS AND

AWARDS

1. 2.7 Request for Substitution of Specified Materials and Equipment Before Bid Opening is amended as follows:

a. The last sentence in the first paragraph (line 147 to 152) be replaced with the following:

“Where a bidder intends to use a material or equipment of an unspecified brand, make, or model, the bidder must submit a request to the Department for review and approval at the earliest date possible. As specified in the Notice to Bidders, all requests shall be posted as a question in HIePRO under the “Question and Answer” tab. Supporting documents for specific request shall be emailed to the Project Manager specified in the Notice to Bidders. Request must be posted in HIePRO and supporting documents received by the Project Manager no later than fourteen (14) calendar days before the bid opening date.”

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b. The first sentence in the second paragraph (line 154 to 156) shall be replaced with the following:

“It shall be the responsibility of the bidder to submit sufficient evidence based upon which a determination can be made by the Department that the alternate brand is a qualified equivalent.”

2. 2.8 Preparation and Delivery of Bid is amended as follows: Last paragraph (line 189 to 192) shall be replaced with the following:

“Bidders shall submit and upload the complete proposal to HIePRO prior to the bid opening date and time. Proposals received after said due date and time shall not be considered. Any additional support documents explicitly designated as confidential and/or proprietary shall be uploaded as a separate file to HIePRO.

Do not include confidential and/or proprietary documents with the proposal. The record of each bidder and respective bid shall be open to public inspection. Original (wet ink, hard copy) proposal documents are not required to be submitted. Contract award shall be based on evaluation of proposals submitted and uploaded to HIePRO.

FAILURE TO UPLOAD THE COMPLETE PROPOSAL TO HIePRO SHALL

BE GROUNDS FOR REJECTION OF THE BID.

If there is a conflict between the specification document and the HIePRO solicitation, the specifications shall govern and control, unless otherwise specified.”

3. 2.11 Bid Security is amended by deleting (a) and replacing it with:

“(a) Unless directed otherwise in the invitation for bids, each bid shall be accompanied by bid security which is intended to protect the Department against the failure or refusal of a bidder to execute the contract for the work bid or to supply the required performance and payment bonds. Bid security shall be in an amount equal to at least five percent of the base bid and additive alternates. Bid security shall be in one of the following forms:

(1) A deposit of legal tender;

(2) A valid surety bid bond, underwritten by a company licensed to issue bonds in the State of Hawaii, in the form and composed, substantially, with the same language as provided herewith and signed by both parties;

or

(3) A certificate of deposit; credit union share certificate; or cashier’s, treasurer’s, teller’s, or official check drawn by or a certified check accepted by a bank, savings institution, or credit union insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit

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Union Administration (NCUA) and payable at sight or unconditionally assigned to the Department. These instruments may be utilized only to a maximum of one hundred thousand dollars ($100,000.00). If the required amount totals over one hundred thousand dollars ($100,000.00), more than one instrument not exceeding one hundred thousand dollars ($100,000.00) each and issued by different financial institutions shall be accepted.

If bidder elects options (1) or (3) above for its bid security, said bid security shall be in its original form and shall be submitted before the bid deadline to the Contract Office, Department of Transportation, Aliiaimoku Hale, 869 Punchbowl Street, Room 103, Honolulu, Hawaii 96813. Original surety bid bonds do not need to be submitted to the Contracts Office. Bidders are reminded that a copy of its surety bid bond shall be included with its bid submitted and uploaded to HIePRO.”

4. 2.12 Pre-Opening Modification or Withdrawal of Bids is amended by deleting 2.12 Pre-Opening Modification or Withdrawal of Bids in its entirety and replacing it with the following:

“2.12 PRE-OPENING MODIFICATION OF WITHDRAWAL OF BIDS. Bids may be modified or withdrawn prior to the bid opening date and time. Withdrawal or revision of proposal shall be completed and submitted and uploaded to HIePRO prior to the bid opening date and time.”

5. 2.14 Public Opening of Bids is amended by deleting 2.14 Public Opening of Bids in its entirety.

6. 2.20 Bid Evaluation and Award is amended by replacing 2.20(a) and 2.20(b) with the following:

“(a) The award shall be made to the lowest, responsive, responsible bidder within 120 days after bid opening and shall be based on the criteria set forth in the invitation for bids. The Department may request the bidders to allow the Department to consider the bids for the issuance of an award beyond the 120 day period. Agreement to such an extension must be made by a bidder in writing. Only bidders who have agreed to such an extension will be eligible for the award. No response to request shall mean bidder shall no longer be eligible for award.

(b) No bid shall be withdrawn or corrected for a period of 120 days after bid opening except for a mistake as described in this article; however, a bidder may withdraw a bid without penalty anytime prior to award of the contract if it finds it is unable to comply with the provisions regarding the employment of State of Hawaii residents as described in Section 7.2 and 103B-3, H.R.S.”

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C. ARTICLE VII – LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC

1. 7.1 Insurance Requirements is amended by deleting paragraph “(b)(4) Builder’s Risk for All Work” in its entirety.

STATE OF HAWAII

HONOLULU, HAWAII

SPECIFICATIONS

PART I

GENERAL PROVISIONS

The Hawaii Department of Transportation AIR and WATER Transportation Facilities Division General Provisions for Construction Projects dated 2016 is not physically included in these specifications. The General Provisions are available at http://hidot.hawaii.gov/administration/con/

HONOLULU, HAWAII

SPECIFICATIONS

PART II

TECHNICAL PROVISIONS

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ARTICLE X – PROJECT DESCRIPTION

10.1 GENERAL – The work to be done under this project includes furnishing of all labor, material, and equipment necessary to grade the coral flats area at Kawaihae Harbor, Hawaii Island, Hawaii.

Bidders are advised to examine the existing conditions at the project site to familiarize themselves with the nature and extent of work involved. Appointments may be made with the Harbors Construction Engineer for clarification of the work involved and the character and quality of materials specified.

10.2 SCOPE OF WORK – The major items of work to be done include, but are not limited to the following:

A. Provide temporary erosion and sediment control before and during construction.

B. Clear and grub the project area and stockpile vegetation and trees.

C. Excavate and fill existing material to match the elevation and grades indicated on the drawings.

D. Compact the final grading area to a minimum of 95% maximum dry density.

10.3 CONTRACT DRAWINGS – The quantities listed in the Proposal Schedule are approximate and are included for bidding purposes only. Actual payment areas will be obtained from field measurements of work performed.

10.4 WORK SCHEDULE – The work schedule and assignment of storage area(s) shall be discussed and coordinated with the Harbors Hawaii District Manager and the Harbors Construction Engineer and shall be subject to their written approval. The Contractor shall turn in a work schedule two (2) weeks prior to actual construction for approval by the Harbors Hawaii District Manager and the Harbors Construction Engineer. The Contractor will be responsible for maintaining the work and storage areas in a neat and orderly condition.

The Contractor shall coordinate its work so as to minimize interference with the pier operations.

No blocked accesses will be allowed. The work shall be executed in increments to accommodate access and use of the area. Weekend and night work may be performed to facilitate repairs.

The exact scheduling and sequencing of the work and restrictions on the Contractor’s operation while working at the project site will be established at the pre-construction meeting. The Contractor shall attend the pre-construction meeting to coordinate its work with others and shall complete all work within the work schedule.

10.5 LIABILITY AND RESPONSIBILITY – The Contractor shall provide, erect and maintain warning signs, lights, barricades, fences, watchmen and/or other means as necessary to prevent

10-2 unauthorized persons from wandering onto the job site where they may suffer injury or create a hazard to the construction operations or the work in progress. The Contractor shall also take reasonable precautions for safety in its operations and to prevent injury to its employees and to others having lawful business at the job site.

The Contractor shall be responsible for any and all damages to the existing State of Hawaii, Department of Transportation, Harbors pier facilities caused by its operations or negligence. The Contractor shall, at its own expense, make prompt restitution for damages to the facilities caused by its operations or negligence. The Contractor shall hold the State harmless from all claims for loss or injury.

10.6 PERMITS – The State is obtaining a National Pollutant Discharge Elimination System (NPDES) General Permit from Clean Water Branch, State Department of Health, regarding discharges composed entirely of storm water runoff associated with construction activities.

The Contractor shall update and submit its Storm Water Pollution Plan (SWPPP) to the Department of Health for acceptance prior to the start of construction.

The Contractor shall comply with the following permit requirements as needed and complete any information required therein to effectuate the permit:

A. NPDES Permit for Discharges of Storm Water Associated with Construction Activity from the State Department of Health (Notice of Intent – NOI Form C).

An approved Notice of General Permit Coverage (NGPC) issued by the Department of Health (DOH).

1. The Contractor shall comply with the following conditions and requirements where applicable:

a. HAR Chapter 11-55, Chapter C, NPDES General Permit Authorizing Discharges of Water Associated with Construction Activities;

b. HAR Chapter 11-55, Appendix A, Department of Health Standard

General Permit Conditions;

c. HAR Chapter 11-55-34.04(a), 11-55-34.07, 11-55-34.11, 11-55- 34.12, and any other applicable sections of HAR Chapter 11-55;

d. Plans, reports, specifications and other related materials submitted in and with the Notice of Intent (NOI) and/or later amendments to the NOI;

e. A copy of the NGPC, enclosures, plans, reports, specifications and other related materials submitted in and with the NOI and/or later amendments to the NOI must be kept at the job site or at a nearby

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f. Provide the Department of Health with any general contractor’s information that was not identified in the NOI form. The information must include general contractor’s legal name, address (location where papers can be hand-delivered), contact person, telephone and fax numbers;

g. Site-specific information shall be submitted to the DOH for review and comments thirty (30) days before the commencement of each phase of the construction. All related concern(s) and comment(s) shall be properly addressed to the DOH’s satisfaction before any discharge occurs;

h. The updated timetable for major construction activities including the date when contractor will begin site disturbances shall be submitted to the DOH before the commencement of each phase of the construction;

i. The effectiveness and adequacy of the implemented SWPPP shall be reviewed and updated as often as necessary. Any change(s) to this plan or correction(s) to information already on file with the DOH shall be submitted to the Clean Water Branch as such change(s) or correction(s) arise;

j. Complete and submit the Solid Waste Disclosure Form for

Construction Sites (see Attachment II) to the Office of Solid Waste Management as specified on the form prior to commencement of work; and

k. Notify the DOH upon the termination of the subject activities.

B. All permit applications and forms shall be submitted to the Harbors for concurrence prior to submission to the accepting agencies.

The Contractor will be required to complete and submit the form, “Permit for Shoreside and Vessel work”. The Contractor shall obtain the necessary permits from the Harbors Oahu District Manager.

10.7 HARBOR SECURITY – The Contractor shall submit required documentation of all Contractor and subcontractor’s employees, their representatives, suppliers, manufacturers, and alike, and of all necessary vehicles needing access to the project site to the Harbors Construction Engineer and Harbors District Manager before starting work on the project. The documentation will include the following:

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A. Authorized personnel’s first name, middle initial(s), and last name by company name.

B. Vehicle(s) license plate number(s) by company name.

C. The Contractor may be directed to use a specified entrance to enter and exit the harbor. Upon every entry, each employee must present and possess a photo identification (ID) card.

D. All Contractor’s and sub-contractor’s employees, their representatives, suppliers, manufacturers, and authorized personnel needing access to the project site shall wear their photo ID card at all times.

E. Contractor’s vehicles must be identified with a company logo and will be subject to search. Any employee’s personal belongings will also be subject to search.

F. If the Contractor wishes to remove any fencing or open any locked gates, they shall coordinate with and request approval from the Harbors Construction Engineer and Harbors District Manager. If approval is granted, the Contractor shall then be responsible for securing open fencing or gate(s) immediately after entering, or posting security personnel to monitor ingress and egress.

Inspections of vehicles and equipment moving through the access points will be done in accordance with current MARSEC level and directives.

G. If security personnel are required, the Contractor shall hire the same contract security that provides service to the State of Hawaii, Department of Transportation, Harbors. In the event that the security contract for Harbors changes, contractor must hire the new security contractor.

H. By the end of each day, the Contractor shall re-erect and restore all fencing/barrier/perimeter security measures to the satisfaction of the Harbors Construction Engineer and the Harbors District Manager. Electricity and lighting shall also be restored and in satisfactory working order, to no less than pre-construction conditions, by the end of each day, to the satisfaction of the Harbors Construction Engineer and Harbors District Manager.

I. Under no circumstances shall perimeter security be compromised. If determined by the State, and solely by the State, that the contractor has left the project site in a condition that compromises security of the harbor, the State reserves the right to make the necessary arrangements to provide and enhance perimeter security, including restoration of electrical power and lighting, at the sole expense of the Contractor.

J. At times, the maritime security level for the State of Hawaii and/or the general

10-5 color-coded security level for State of Hawaii may be temporarily elevated. In these events, the contractor may be prohibited to access the project site and may be required to stop work as directed by either the Harbors Construction Engineer or Harbors District Manager. Harbors will consider impacts to the work and schedule as a result of prolonged work stoppages.

K. Prior to starting work on this project, the Contractor shall provide a list of names (full legal name) and birth dates of all employees, representatives, subcontractors, vendors, and all alike, as well as their vehicles license number, year, make, color and model that will be entering the project site. All employees, representatives, subcontractors, vendors, and all alike, shall wear their respective company’s identification card bearing the company’s name, the individual’s first and last name, and middle initial(s), and a recent photograph of the individual on the front of the identification card at all times while on Harbor’s property.

With the possible exception of Item J above, all other requirements indicated shall be considered incidental to the project and shall be provided by the contractor at no cost to the State.

All Contractor’s personnel requiring access to secure areas of maritime facilities will be required to obtain a Transportation Worker Identification Credential (TWIC). The project area has been deemed to be within a secured area. TWIC was established by Congress through the Maritime Transportation Security Act and is administered by the Transportation Security Administration (TSA) and U.S. Coast Guard. To obtain a TWIC, the applicant must provide biographic and biometric information such as fingerprints, sit for a digital photograph and successfully pass a security threat assessment conducted by TSA. The contractor will be responsible to obtain and pay for all costs associated in providing their appropriate employees with TWIC. Information regarding TWIC is available on the TSA website at http://www.tsw.dhs.gov/what_we_do/layers/twic/index/shtm.

10.8 SUBMITTALS – The Contractor shall submit for review and acceptance the following items (Note: PDF digital files may be submitted to the Harbors Construction Engineer):

A. Storm Water Pollution Prevention Plan

B. Work schedule two weeks prior to actual construction

C. Grading Plan

10.9 STANDARD SPECIFICATIONS – The term "Standard Specifications" as used in the Technical Specifications shall mean the Hawaii Standards Specifications for Road and Bridge Construction, State of Hawaii, Department of Transportation, Highways Division, 2005.

10.10 COMPLETION TIME – All work for this project shall be completed within the specified time period as listed on page P-1 of the Proposal. The number of days shall commence on the http://www.tsw.dhs.gov/what_we_do/layers/twic/index/shtm

10-6 issuance of the notice to proceed. The intent of the contract is to provide for the construction final acceptance of the work described by the contract documents at the accepted bid price and within the time established by the contract. The Contractor has the duty to furnish all labor, materials, equipment, tools, transportation, incidentals, and supplies and to determine the means, methods, and schedules required to complete the work in accordance with the contract documents.

Unless otherwise directed by the Engineer in writing, the Contractor shall not commence with physical construction without sufficient materials and equipment available at the project site for either continuous construction until completion, or completion of the specified portion of the work.

10.11 AS-BUILT DRAWINGS – The Contractor shall keep one (1) set of drawings at the job site and make all field changes thereon. After completion of the project, a PDF/A format digital file and two (2) sets of full-sized drawings marked up with all the field changes shall be submitted to the Harbors Construction Engineer.

10.12 PAYMENT – Payment shall be made as specified below. Such payment shall include furnishing all labor, material, equipment and other expenses required to complete the work in accordance with the plans and specifications.

A. Item 1 – Mobilization (Not to exceed six (6) percent of the sum of all Items, excluding this Item). Payment shall be made at the lump sum bid in the Proposal Schedule for each mobilization that was performed for each work order issued by the State. Such payment shall include setting up all plant equipment and materials at the jobsite, providing temporary barricades as required for Harbor operations during construction, and all other incidental work required to complete this item.

B. Item 2 – Clearing and Grubbing. Payment shall be made at the lump sum price bid in the Proposal Schedule for Clearing and Grubbing. Such payment shall include clearing, grubbing, removing and disposing of vegetation, trees, and unwanted material from the project site, and all other incidental work required to complete this item.

C. Item 3 – Excavation and Embankment. Payment shall be made at the unit price bid per cubic yard in the Proposal Schedule for Excavation and Backfill. Such payment shall include cutting, hauling, excavating existing material, filling and grading existing material, and all other incidental work required to complete this item.

D. Item 4 – Suitable Surplus Material. Payment shall be made at the lump sum price bid in the Proposal Schedule for Suitable Surplus Material. Such payment shall include transporting the material onsite as shown on the plans with BMP site management and all other incidental work required to complete this item.

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ARTICLE XI - MOBILIZATION AND DEMOBILIZATION

11.1 GENERAL

A. Related Documents - The General Provision of the contract, including the General Provisions for Construction Projects (2016) and General Requirements of the Specifications, apply to the work specified in this Section.

B. General Requirements - Section 699 of “Hawaii Standard Specifications for Road and Bridge Construction, 2005,” are hereby incorporated into and made a part of these specifications by reference unless otherwise modified hereinafter.

C. Mobilization - The Contractor shall mobilize and transport his construction plant and equipment including materials and supplies for operation to the site of work, construct temporary buildings and facilities as necessary, and assemble the equipment at the site as soon as possible after receipt of Notice to Proceed, subject to the provisions of the General Provisions.

D. Demobilization - The Contractor shall demobilize and transport his construction plant and equipment including materials, supplies and temporary buildings off the site as soon as possible after construction is completed. Demobilization shall include all cleanup required under this contract and as directed by the Engineer.

Demobilization and final cleanup shall be completed prior to final acceptance.

11.2 MATERIALS (Not Applicable)

11.3 EXECUTION (Not Applicable)

11.4 MEASUREMENT AND PAYMENT

A. Method of Measurement

1. Mobilization shall not be measured for payment. The maximum bid allowed for “Mobilization” is an amount not to exceed six (6) percent of the sum of all items (excluding this item). If the proposal submitted by the bidder indicates an amount in excess of the allowable maximum, the indicated amount or amounts shall be reduced to the allowable maximum;

the “Total Amount for Comparison of Bids,” in the proposal schedule shall be adjusted to reflect any such reduction. For the purposes of comparing bids and determining the contract price to be inserted in the contract awarded to the bidder, if any is so awarded, the “Total Amount for Comparison of Bids” adjusted in accordance with the foregoing shall be used and the bidder’s proposal shall be deemed to have been submitted for the amounts as reduced and adjusted in accordance herewith.”

2. Demobilization will not be measured for payment.

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B. Basis of Payment

1. Mobilization will be paid for at the contract lump sum price under Mobilization. Partial payment will be made as follows:

i. When 2 1/2 percent of the original contract amount is earned, 50 percent of the bid amount will be paid.

ii. When 5 percent of the original contract amount is earned, 75 percent of the bid amount will be paid.

iii. When 10 percent of the original contract amount is earned, 100 percent of the bid amount will be paid.

iv. Nothing herein shall be construed to limit or preclude partial payments otherwise provided by the contract.

C. Payment for Mobilization shall be made as described in Article X of these Specifications.

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ARTICLE XII – CLEARING AND GRUBBING

12.1 GENERAL – The work consists of clearing, grubbing, protecting objects designated to remain, removing and disposing of trees, vegetation, and debris from the project site in accordance with this Article of the Specifications.

12.2 DESCRIPTION – All clearing and grubbing activities shall be performed in accordance with Section 201 – Clearing and Grubbing of the Standard Specifications.

12.3 CONSTRUCTION

A. Ensure sediment, erosion, and dust control and other BMP measures are in place before clearing and grubbing starts.

B. Coordinate with Harbors Construction Engineer to obtain approval before removing and clearing any Harbor’s objects and items.

C. Clear and grub the area within the project limits identified in the drawings

D. Remove all trees within the grading limits, including the root ball.

E. Cleared and grubbed material shall be stockpiled on the project site, unless otherwise approved by the Harbors Construction Engineer.

12.4 PAYMENT – Payment for clearing and grubbing shall be made as described in Article X of these Specifications.

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ARTICLE XIII – EXCAVATION AND EMBANKMENT

13.1 GENERAL – The work consists of excavation, hauling, disposing of surplus excavated material; and placing, grading, filling and compacting existing materials in the project site in accordance with this Article of the Specifications.

13.2 DESCRIPTION – All excavation and embankment activities shall be performed in accordance with Section 203 – Excavation and Embankment of the Standard Specifications.

13.3 MATERIALS – All excavated materials and materials on site are expected to be suitable for final grading shown on the drawings.

13.4 CONSTRUCTION – Excavation, embankment, filling, and grading work shall follow the contract drawings and be in accordance with Section 203.03 – Construction of the Standard Specifications. The final grades shall be compacted to a minimum of 95% maximum dry density to be suitable for Harbor’s heavy equipment, storage containers, and vehicles.

Suitable surplus material (as determined by the Engineer) not required for fill shall become the property of the State of Hawaii, Department of Transportation, harbors Division and shall be transported by the Contractor to the stockpile site indicated on the plans.

13.5 PAYMENT – Payment for excavation and embankment work shall be made as described in Article X of these Specifications.

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ARTICLE XIV – TEMPORARY WATER POLLUTION, DUST, AND EROSION CONTROL

For Project Subject to NPDES NOI-C Permit

14.1 DESCRIPTION - This section is required for all work, including the Contractor’s storage sites. It describes the following:

A. A detailed Storm Water Pollution Prevention Plan (SWPPP) required by a National Pollutant Discharge Elimination System (NPDES) Appendix C General Permit from the State of Hawaii Department of Health (HDOH) and prepared according to Section 7 of Appendix C, Hawaii Administrative Rules (HAR) Chapter 11-55, will satisfy this requirement. Additionally, all projects at Honolulu, Kalaeloa Barbers Point, and Kahului Harbors are subject to State of Hawaii, Department of Transportation (HDOT) Harbors Division, Storm Water Management Plan (SWMP) requirements, and are subject to Harbors Best Management Practice (BMP) inspections. If any requirement conflicts with those administered by HDOH, the Contractor shall follow the more stringent requirement.

B. Compliance with applicable federal and other state permit conditions.

C. Work associated with dewatering and hydrotesting activities and compliance with conditions of the NPDES general permit coverage authorizing discharges associated with construction activity dewatering and hydrotesting.

14.2 GENERAL REQUIREMENTS - In order to provide for the control of temporary water pollution, dust, and erosion arising from the construction activities of the Contractor and his subcontractors in the performance of this contract, the work performed shall comply with all applicable federal, state, and local laws and regulations concerning water pollution control including, but not limited to, the following regulations:

A. State of Hawaii, HDOH, HAR Chapter 11-54 – Water Quality Standards and Chapter 11-55 – Water Pollution Control.

B. For projects at Honolulu, Kalaeloa Barbers Point, and Kahului Harbors ONLY, HDOT Harbors Division, Storm Water Management Plan.

C. For projects at Honolulu, Kalaeloa Barbers Point, and Kahului Harbors ONLY, City and County of Honolulu (CCH), Rules Relating to Water Quality.

D. For projects at Honolulu, Kalaeloa Barbers Point, and Kahului Harbors ONLY, CCH, Storm Water BMP Manual for Construction.

E. 40 CFR Part 110, Environmental Protection Agency (EPA), Discharge of Oil.

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F. 40 CFR Part 117, EPA, Determination of Reportable Quantities for Hazardous Substances.

G. 40 CFR Part 261, EPA, Identification and Listing of Hazardous Waste.

H. 40 CFR Part 302, EPA, Designation, Reportable Quantities, and Notification.

I. 49 CFR Part 171, U.S. Department of Transportation, Hazardous Materials Regulations.

14.3 MATERIALS - Materials shall conform to the following when applicable:

A. Slope Drains. Slope drains may be constructed of pipe, fiber, mats, erosion control fabric, geotextiles, rubble, Portland cement concrete, bituminous concrete, plastic sheets, or other materials acceptable to the Construction Engineer.

B. Grass. Grass shall be quick growing species such as rye grass, Italian grass, or cereal grasses. Grass shall be suitable to the area and provide a temporary cover that will not compete later with permanent cover. Alternative grasses are allowable if acceptable to the Construction Engineer.

C. Fertilizer and Soil Conditions. Fertilizer and soil conditioners shall be a standard commercial grade acceptable to the Construction Engineer.

D. Silt Fences. Silt fences shall be synthetic filter fabric mounted on posts and embedded in compacted ground in compliance with American Society for Testing and Materials (ASTM) D6462-03, Standard Practice for Silt Fence Installation.

E. Berms. Berms shall be gravel or sand wrapped with geotextile material.

Alternate materials are allowable if acceptable to the Construction Engineer.

F. Alternate materials or methods to control, prevent, remove, and dispose of pollution are allowable if acceptable to the Construction Engineer.

14.4 CONSTRUCTION

A. Preconstruction Requirements.

1. Temporary Water Pollution, Dust, and Erosion Control Meeting. The contractor shall be required to submit a SWPPP to the Construction Engineer and address all comments by the Construction Engineer. After the SWPPP is accepted in writing by the Construction Engineer, the Contractor shall schedule a meeting with the Construction Engineer before

14-3 the start of construction work to discuss the sequence of work, and plans and proposals for water pollution, dust, and erosion control.

2. Temporary Water Pollution, Dust, and Erosion Control Submittals. The Contractor shall submit the SWPPP to the Construction Engineer prior to the start of work for review of compliance with this Article. A SWPPP template is available online at https://hidot.hawaii.gov/harbors/malamaikeawakai/, under HDOT Harbors Construction and Post-Construction Programs – Documents and Forms.

a. The following information shall be described in the SWPPP as specified in Section 7 of Appendix C, HAR 11-55, at a minimum:

1) Storm water team (by name or position), which is responsible for the development of the SWPPP, any later modifications to it, and for compliance with the requirements in the NPDES permit. The SWPPP must identify the personnel that are part of the storm water team as well as their individual responsibilities.

2) Nature of construction activities including the size of the project site (in acres) and the total area expected to be disturbed by the construction activities (in acres), construction support activity areas covered by permit, and the maximum area expected to be disturbed at any one time.

3) Emergency-related projects in response to a public emergency (e.g., natural disaster, extreme flooding conditions). If this applies to the project, documentation of the cause of the public emergency, information substantiating its occurrence, and a description of the construction necessary to re-establish affected public services shall be included in the SWPPP. The proclamation of a civil defense emergency or similar proclamation is required to be from the President of the United States or State Governor.

4) Identification of other site contractors (e.g., sub-contractors) who will be engaged in construction activities at the site, and the areas of the site over which each contractor has control. If this piece of information is not available at the time the SWPPP is submitted, the plan must be amended to include the information prior to the start of construction activities.

https://hidot.hawaii.gov/harbors/malamaikeawakai/

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5) Sequence and estimated dates of construction activities including a schedule of the estimated start dates and the duration of the following activities, according to Section

7.2.5 of Appendix C, HAR 11-55:

a) Installation of storm water control measures.

b) Commencement and duration of earth-disturbing activities.

c) Cessation, temporarily or permanently, of construction activities on-site, or in designated portions of the project site.

d) Final or temporary stabilization of areas of exposed soil.

e) Removal of temporary storm water conveyances/ channels and other storm water control measures, removal of construction equipment and vehicles, and cessation of any pollution-generating activities.

6) Site map or series of maps, showing the following features of the project, according to Section 7.2.6 of Appendix C, HAR 11-55:

a) Boundaries of the property and the locations where construction activities will occur, including:

i. Locations where earth-disturbing activities will occur (noting any sequencing of construction activities);

ii. Approximate slopes and drainage patterns with flow arrows before and after construction;

iii. Locations where sediment, soil, or other construction materials will be stockpiled;

iv. Locations of any contaminated soil or contaminated soil stockpiles;

v. Locations of any crossings of state waters;

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vi. Designated points on the site where vehicle will exit onto paved roads;

vii. Locations of structures and other impervious surfaces upon completion of construction;

and

viii. Locations of construction support activity areas covered by the permit.

b) Locations of all state waters, including wetlands and indicate which water bodies are listed as impaired.

c) The boundary lines of any natural buffers.

d) Topography of the site, existing vegetative cover, and features (e.g., forest, pasture, pavement, structures), and drainage pattern(s) of storm water onto, over, and from the site property before and after construction.

e) Storm water discharge locations, including locations of any storm drain inlets on-site and in the immediate vicinity of the site to receive storm water runoff from the project; and locations where storm water will be discharging to state waters (including wetlands).

f) Locations of all potential pollutant-generating activities.

g) Locations of storm water control measures; and

h) Locations where chemicals will be used and stored.

7) Construction site pollutants generated by on-site activities.

For each pollutant-generating activity, an inventory of pollutants or pollutant constituents (e.g., sediment, fertilizers and/or pesticides, paints, solvents, fuels) associated with that activity, which could be exposed to rainfall and could be discharged from the construction site (include potential spills and leaks).

A list of all material and heavy equipment to be used during construction. Vehicles and equipment shall be well maintained and free from any type of fluid leaks.

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8) Sources of non-storm water, including, but not limited to, the design, installation, and maintenance of the control measures to prevent its discharge.

9) Buffer documentation. When a State water is located within 50 feet of the project’s earth disturbances, the Contractor shall describe which compliance alternative has been selected for the site, and comply with Section 5.1.2.1 of Appendix C, HAR 11-55, Appendix C.

10) Description of storm water control measures to be used during construction activity including information on:

a) Storm water control measures to be used during construction activity meet the requirements of Section 5 HAR 11-55, Appendix C.

i. Information on the type of storm water control measure to be installed and maintained, including design information;

ii. What specific sediment controls will be installed and made operational prior to conducting earth-disturbing activities in any given portion of the site to meet the requirement of Section 5.1.2.2.1 of HAR 11- 55, Appendix C.

iii. If contaminated soil exists on-site, the control measures to either prevent the contact of storm water with the contaminated soil, including any contaminated soil stockpiles, or prevent the discharge of any storm water runoff which has contacted contaminated soil or any contaminated soil stockpiles;

iv. For exit points on the site, document stabilization techniques to be used and any additional controls that are planned to remove sediment prior to vehicle exit.

v. For linear projects, document the location where the use of perimeter controls in portions of the site is impracticable and the reason why (refer to Section 5.1.2.2.1 of HAR 11-55, Appendix C).

b) Stabilization practices including specific vegetative and/or non-vegetative practices. Document the circumstances preventing from meeting the deadlines specified in Section 5.2.1.1 and/or 5.2.1.2 of HAR 11-55, Appendix C;

c) Post-construction measures that will minimize the discharge of pollutants via storm water discharges after construction operations have been finished.

11) Pollution prevention procedures.

a) Spill prevention and response procedures, including:

i. Procedures for expeditiously stopping, containing, and cleaning up spills, leaks, and other releases. Identify the name or position of the employee(s) responsible for detection and response of spills or leaks;

ii. Procedures for notification of appropriate facility personnel, emergency response agencies, and regulatory agencies where a leak, spill, or other release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR Parts 110, 117, or 302, occurs during a 24-hour period.

Spill Contact information must be in location that is readily accessible and available.

b) Waste management procedures on handling and disposing of all wastes generated at the site, including, but not limited to, clearing and demolition debris, sediment removed from the site, construction and domestic waste, hazardous or toxic waste, and sanitary waste.

The Contractor is advised to procure regulated hazardous materials on an as-needed basis, as feasible. All excess regulated hazardous materials at

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14-8 the conclusion of this project shall remain the property of the Contractor and shall be removed from HDOT Harbors Division property upon the completion of the project.

12) Procedures for inspection, maintenance, and corrective action to be followed for conducting site inspections, maintaining the storm water control measures, and, where necessary, taking corrective actions. Additionally, include following information in the SWPPP:

a) Personnel responsible for conducting inspections;

b) Inspection schedule. Contractor’s Self-Inspections shall be conducted at applicable schedules listed below. Note that inspections are only required during the project’s normal working hours.

i. Inspection Frequency for sites discharging to impaired waters1. For any portion of the site that discharges to an impaired water, the inspection shall be conducted at the following intervals:

a) Once every seven (7) calendar days;

and

b) Within twenty-four (24) hours of the occurrence of the storm event of 0.25 inches or greater.

c) Daily during periods of a prolonged storm event of 0.25 inches or greater.

ii. Inspection Frequency for sites NOT discharging to impaired waters. At a minimum, the inspection shall be conducted in accordance with one of the two schedules listed below:

1 “Impaired waters” are waters identified as impaired on the State Clean Water Act Section 303(d) list, and waters with a State-established and EPA-approved Total Maximum Daily Load (TMDL). The construction site will be considered to discharge to an impaired water if the first State water to which the discharge enters is to a water on the section 303(d) list or one with a State established and EPA-approved TMDL. For a discharge that enters a storm water drainage system prior to discharge, the first State water to which discharge occurs is the water body that receives the storm water discharge from the storm water drainage system.

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a) At least weekly; or

b) Biweekly (once every fourteen (14) calendar days), and within twenty-four (24) hours of the occurrence of a storm event of 0.25 inches or greater, daily during periods of a prolonged storm of 0.25 inches or greater, and within twenty-four (24) hours after…