Honolulu_Harbor_RTA_Specs_2020-02-11_attachments_Part2.pdf

O&M DREDGING W9128A-20-B-0001

HONOLULU HARBOR

SECTION 01 62 35

RECYCLED / RECOVERED MATERIALS

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

40 CFR 247 Comprehensive Procurement Guideline for Products Containing Recovered Materials

1.2 OBJECTIVES

Government procurement policy is to acquire, in a cost effective manner, items containing the highest percentage of recycled and recovered materials practicable consistent with maintaining a satisfactory level of competition without adversely affecting performance requirements or exposing suppliers' employees to undue hazards from the recovered materials. The Environmental Protection Agency (EPA) has designated certain items which must contain a specified percent range of recovered or recycled materials. EPA designated products specified in this contract comply with the stated policy and with the EPA guidelines. Make all reasonable efforts to use recycled and recovered materials in providing the EPA designated products and in otherwise utilizing recycled and recovered materials in the execution of the work.

1.3 EPA DESIGNATED ITEMS INCORPORATED IN THE WORK

Various sections of the specifications contain requirements for materials that have been designated by EPA as being products which are or can be made with recovered or recycled materials. These items, when incorporated into the work under this contract, shall contain at least the specified percentage of recycled or recovered materials unless adequate justification (non-availability) for non-use is provided. When a designated item is specified as an option to a non-designated item, the designated item requirements apply only if the designated item is used in the work.

1.4 EPA PROPOSED ITEMS INCORPORATED IN THE WORK

Products other than those designated by EPA are still being researched and are being considered for future Comprehensive Procurement Guideline (CPG) designation. It is recommended that these items, when incorporated in the work under this contract, contain the highest practicable percentage of recycled or recovered materials, provided specified requirements are also met.

SECTION 01 62 35 Page 1

1.5 EPA LISTED ITEMS USED IN CONDUCT OF THE WORK BUT NOT INCORPORATED IN

THE WORK

There are many products listed in 40 CFR 247 which have been designated or proposed by EPA to include recycled or recovered materials that may be used by the Contractor in performing the work but will not be incorporated into the work. These products include office products, temporary traffic control products, and pallets. It is recommended that these non-construction products, when used in the conduct of the work, contain the highest practicable percentage of recycled or recovered materials and that these products be recycled when no longer needed.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section --

SECTION 01 62 35 Page 2

SECTION 01 78 00

CLOSEOUT SUBMITTALS

PART 1 GENERAL

1.1 SUBMITTALS

Government approval/acceptance is required for submittals with a "G" designation; submittals not having a "G" designation are for information only. The following shall be submitted in accordance with Section

01 33 00SUBMITTAL PROCEDURES:

SD-11 Closeout Submittals

Record Drawings

Quarterly submittal of all electronic CADD files reflecting as-built conditions to date.

1.2 PROJECT RECORD DOCUMENTS

1.2.1 Record Drawings

Drawings showing final as-built conditions of the project. This paragraph covers record drawings complete, as a requirement of the contract. The terms "drawings," "contract drawings," "drawing files," "working record drawings" and "final record drawings" refer to contract drawings which are revised to be used for final record drawings showing as-built conditions.

The final CADD record drawings must consist of one set of electronic CADD drawing files in the specified format, 2 sets of prints, and one set of the approved working Record drawings.

1.2.1.1 Government Furnished Materials

After award and upon request, the electronic "Computer-Aided Drafting and Design (CADD)" drawing files will be made available to the Contractor for use in preparation of shop drawings and data related to the referenced contract subject to the following terms and conditions.

Data contained on these electronic files shall not be used for any purpose other than as a convenience in the preparation of shop drawings and data for the referenced project. Any other use or reuse shall be at the sole risk of the Contractor and without liability or legal exposure to the Government. The Contractor shall make no claim and waives to the fullest extent permitted by law, any claim or cause of action of any nature against the Government, its agents or sub consultants that may arise out of or in connection with the use of these electronic files. The Contractor shall, to the fullest extent permitted by law, indemnify and hold the Government harmless against all damages, liabilities or costs, including reasonable attorney's fees and defense costs, arising out of or resulting from the use of these electronic files.

These electronic CADD drawing files are not construction documents.

Differences may exist between the CADD files and the corresponding

SECTION 01 78 00 Page 1 construction documents. The Government makes no representation regarding the accuracy or completeness of the electronic CADD files, nor does it make representation to the compatibility of these files with the Contractors hardware or software. In the event that a conflict arises between the signed and sealed construction documents prepared by the Government and the furnished CADD files, the signed and sealed construction documents shall govern. The Contractor is responsible for determining if any conflict exists. Use of these CADD files does not relieve the Contractor of its duty to fully comply with the contract documents, including and without limitation, the need to check, confirm and coordinate the work of all contractors for the project.

If the Contractor uses, duplicates and/or modifies these electronic CADD files for use in producing shop drawings and data related to this contract, all previous indicia of ownership (seals, logos, signatures, initials and dates) shall be removed.

1.2.1.2 Working Record and Final Record Drawings

Revise 1 set of hard copy paper drawings and 1 set of digital electronic drawings (soft copy) by a red-line process to show the as-built conditions during the prosecution of the project. Keep these working as-built marked drawings current on a weekly basis and at least one set available on the jobsite at all times. Changes from the contract plans which are made in the work or additional information which might be uncovered in the course of construction must be accurately and neatly recorded as they occur by means of details and notes. Prepare final record (as-built) drawings after the completion of each definable feature of work as listed in the Contractor Quality Control Plan (Foundations, Utilities, Structural Steel, etc., as appropriate for the project). The working as-built marked prints and final record (as-built) drawings will be jointly reviewed for accuracy and completeness by the Contracting Officer and the Contractor prior to submission of each monthly pay estimate. If the Contractor fails to maintain the working and final record drawings as specified herein, the Contracting Officer will deduct from the monthly progress payment an amount representing the estimated cost of maintaining the record drawings. This monthly deduction will continue until an agreement can be reached between the Contracting Officer and the Contractor regarding the accuracy and completeness of updated drawings. Show on the working and final record drawings, but not limited to, the following information:

a. Modifications (include within change order price the cost to change working and final record drawings to reflect modifications) and compliance with the following procedures.

(1) Directions in the modification for posting descriptive changes shall be followed.

(2) A Modification Delta shall be placed at the location of each deletion.

(3) For new details or sections which are added to a drawing, a Modification Delta shall be placed by the detail or section title.

(4) For minor changes, a Modification Delta shall be placed by the area changed on the drawing (each location).

(5) For major changes to a drawing, a Modification Delta shall be placed by the title of the affected plan, section, or detail at

SECTION 01 78 00 Page 2 each location.

(6) For changes to schedules or drawings, a Modification Delta shall be placed either by the schedule heading or by the change in the schedule.

(7) The Modification Delta size shall be 1/2 inch unless the area where the delta is to be placed is crowded. Smaller size delta shall be used for crowded areas.

1.2.1.3 Drawing Preparation

Modify the record drawings as may be necessary to correctly show the features of the project as it has been constructed by bringing the contract set into agreement with approved working as-built prints, and adding such additional drawings as may be necessary. These working as-built marked prints must be neat, legible and accurate. These drawings are part of the permanent records of this project and must be returned to the Contracting Officer after approval by the Government. Any drawings damaged or lost by the Contractor must be satisfactorily replaced by the Contractor at no expense to the Government.

1.2.1.4 Computer Aided Design and Drafting (CADD)

Only employ personnel proficient in the preparation of Microstation CADD drawings to modify the contract drawings or prepare additional new drawings. Additions and corrections to the contract drawings completed in CADD files must be equal in quality and detail to that of the originals.

Line colors, line weights, lettering, layering conventions, and symbols must be the same as the original line colors, line weights, lettering, layering conventions, and symbols. If additional drawings are required, prepare them using the specified electronic file format applying the same graphic standards specified for original drawings. The graphic standards shall not deviate from the A/E/C CADD Standards specified for the original drawings. The title block and drawing border to be used for any new final record drawings must be identical to that used on the contract drawings.

Accomplish additions and corrections to the contract drawings using CADD files. The Contractor will be furnished "as-designed" drawings in Microstation V8 format. The electronic files will be supplied on compact disc, read-only memory (CD-ROM). Provide all program files and hardware necessary to prepare final record drawing. The Contracting Officer will review final record drawings for accuracy and return them to the Contractor for required corrections, changes, additions, and deletions.

a. Updates to CADD files must be made no less frequently than quarterly. Submit a copy of all electronic CADD files with the monthly pay estimate at the end of each quarter.

b. Rename the Contract Drawing files to include the contract number. File names must be based on A/E/C CADD Standard naming conventions. The contract number can be included as part of the first 1 to 20 characters of the file name. Use only those renamed files for the Marked-up changes. All changes shall be made on the same layer/level as the original item.

c. When final revisions have been completed, show the wording "RECORD DRAWING AS-BUILT" followed by the name of the Contractor in letters at least3/16-inch high on the cover sheet drawing. Mark all other contract drawings either "As-built" drawing denoting no revisions on the

SECTION 01 78 00 Page 3 sheet or "Revised As-built" denoting one or more revisions. Date drawings in the revision block.

d. Within 20 days after Government approval of all of the working record drawings for a phase of work, prepare the final CADD record drawings for that phase of work and submit CADD files, Adobe PDF copies of drawings, and one set of black-lined prints of these drawings for Government review and approval. Hard copy prints and Adobe PDF files shall be printed from the approved CADD software. The Government will return one set of prints with any necessary corrections. Within 10 days revise the CADD files accordingly at no additional cost and submit one set of final prints for the completed phase of work to the Government. Within 20 days of substantial completion of all phases of work, submit the final record drawing package for the entire contract. Submit one set of electronic files on compact disc, read-only memory (CD-ROM), one set of black-line prints and one set of the approved working record drawings.

They must be complete in all details and identical in form and function to the contract drawing files supplied by the Government. Any transactions or adjustments necessary to accomplish this is the responsibility of the Contractor. The Government reserves the right to reject any drawing files it deems incompatible with the customer's CADD system. Paper prints, CADD files and storage media submitted will become the property of the Government upon final approval. Failure to submit final record drawing files and marked prints as specified will be cause for withholding any payment due the Contractor under this contract. Approval and acceptance of final record drawings must be accomplished before final payment is made to the Contractor.

1.2.1.5 Payment

No separate payment will be made for record drawings required under this contract, and all costs accrued in connection with such drawings are considered a subsidiary obligation of the Contractor.

1.2.2 Final Approved Shop Drawings

Furnish final approved project shop drawings 30 days after completion of dredging.

1.2.3 Construction Contract Specifications

Furnish final record (as-built) construction contract specifications, including modifications thereto, 30 days after completion of dredging.

1.3 CLEANUP

Leave premises "broom clean." Use only nonhazardous cleaning materials, including natural cleaning materials, in the final cleanup. Clean equipment and fixtures to a sanitary condition. Clean or Replace filters of operating equipment as directed by the Contracting Officer. Sweep paved areas and rake clean landscaped areas. Remove waste and surplus materials, rubbish and construction facilities from the site. Recycle, salvage, and return construction and demolition waste from project in accordance with the Recycling and Solid Waste Minimization Plan. Promptly and legally transport and dispose of any trash. Do not burn, bury, or otherwise dispose of trash on the project site.

SECTION 01 78 00 Page 4

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

SECTION 01 78 00 Page 5

SECTION 01 90 00

MISCELLANEOUS PROVISIONS

PART 1 GENERAL

1.1 SUBMITTALS

Government approval/acceptance is required for submittals with a "G" designation; submittals not having a "G" designation are for information only. The following shall be submitted in accordance with Section 01 33 00

SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals;

Organization Plan; G

Provide a diagram depicting the proposed management organization.

The chart shall clearly identify lines of authority and areas of responsibility. Include a narrative description of how the management team will operate, and the specific duties and responsibilities of the key individuals.

The narrative shall describe the Contractor's on-site organization and structure, and shall describe how the Contractor intents to monitor and control timeliness, quality, and safety of the work at the job site, including the work of any subcontractors on all phases of the contract.

Identify the individuals who will fill the key management positions: Project Manager, Project Superintendent, contractor Quality Control System Manager, Site Safety and Health Officer.

Provide resumes for each individual. Resumes must support the individuals' qualifications to perform in the selected position.

Condition of Contractor's Operations or Storage Area (COSA)

The Contractor shall submit to the Contracting Officer photographs and/or videos depicting the condition of the Contractor's Operation or Storage Area, including the one at Honolulu Harbor and the one at Kalaeloa Barber's Point Harbor offloading, hauling route and dewatering site.

SD-06 Test Reports

Inspection of Existing Conditions

SD-07 Certificates

Products Containing Recovered Materials

1.2 PROJECT MANAGEMENT ORGANIZATION

1.2.1 General

The Contractor is responsible for ensuring that the contract is adequately staffed to manage all of the work in full accordance and compliance with

SECTION 01 90 00 Page 1 the contract requirements.

1.2.2 Organization Plan

The Contractor shall submit an organization plan describing the organization for managing this contract. The plan shall include lines of authority, position responsibilities, and qualifications of the staff.

The project staff shall minimally consist of the following key personnel:

Project Manager, Project Superintendent, Contractor Quality Control System Manager, and Site Safety and Health Officer. Each of the individuals selected to fill these positions is subject to acceptance by the Contracting Officer.

1.2.3 Organizational Changes

The Contractor shall maintain the project management staff at full strength at all times. When it is necessary to make changes to the staff, the Contractor shall revise the Organization Plan to reflect the changes and submit the changes to the Contracting Officer for acceptance at least 14 calendar days prior to implementation of the changes.

Substitutions for any accepted key personnel must be submitted for review and acceptance by the Contracting Officer prior to the start of work by that individual. The Contractor is informed that the Government shall be allowed at least 30 days to respond. Any delays resulting from this process shall be the responsibility of the Contractor and shall not be a basis for any equitable contract adjustment.

1.2.4 Project Manager

The Project Manager shall be responsible for the Contractor's overall management and coordination of this contract and shall be the central point of contact with the Government for performance of all work under this contract, including warranty. The Project Manager shall oversee construction accomplishment, administer all instructions, and answer all questions from the Contracting Officer pertaining to the work during the life of the contract, including the warranty period. The Project Manager shall be responsible for the complete coordination of all work in this contract. The Project Manager shall be responsible for ensuring that adequate internal controls and review procedures are followed in order to eliminate conflicts, errors and omissions, and for ensuring that all technical requirements are met. Another individual may be designated to temporarily act (no longer than 2 weeks) for the Project Manager, however, forty-eight (48) hours advance notice in writing of such change shall be requested to the Contracting Officer, and no change shall be made without prior acceptance by the Contracting Officer.

The Project Manager shall have a bachelor's degree from an accredited university or college with a major in engineering, architecture, or related technical field, and at least five (5) years experience in managing and supervising construction projects of similar size and scope.

The Project Manager may also be the Project Superintendent on this project.

1.2.5 Project Superintendent

A Project Superintendent shall be assigned. This individual shall have a minimum of [five (5) years] experience as a superintendent on construction projects similar in size and scope to this contract. The project

SECTION 01 90 00 Page 2 superintendent shall have overall responsibility for all operations on the jobsite.

1.2.6 Booking Agent for Coordination with DOT Harbors

A Contractor's Booking Agent (agent) will conduct all communications with State of Hawaii's Department of Transportation (DOT) Harbor's Division through the Honolulu Harbor Master at 808-587-2080. The agent shall register as a user at www.Hawaii.PortCall.com. In addition, the agent shall provide to DOT Honolulu Harbor Master all requested information and must be reachable at all times, in case of emergency or eminently approaching natural disasters.

The contractor must be prepared to move all project vessels out of the Honolulu Harbor immediately upon the request of DOT in the event of approaching natural disasters. The contractor's booking agent is responsible to coordinate preparations with DOT well before such events occur.

1.3 DOCUMENTATION OF MEETINGS

Meetings between the Contractor, the Government, DOT Harbors Division, and harbor users will be held in person or by phone on the following schedule:

Monthly prior to start of construction, weekly during the first 3 months following construction start, and bi-monthly thereafter until completion of construction. All meetings involving the Contractor and the Government shall be documented. Except for the Preconstruction Meeting and the CQC and Safety coordination/mutual understanding meetings which will be documented by the Government, the Contractor shall be responsible for accurately recording minutes of meetings and producing written documentation of meeting discussions. The minutes shall include meeting specifics such as: contract number, date, time, purpose/subject, attendees, and summary of discussions in outline form, including pending actions, responsible party, and suspenses. Prior to distribution of the minutes, a Draft of the minutes shall be prepared and forwarded within 24 hours of the meeting’s conclusion to all meeting attendees for review and comment. The Final minutes shall be completed and distributed within 3 working days following the meeting.

1.4 CONTRACTOR QUALITY CONTROL

To assure compliance with contract requirements, the Contractor shall establish and maintain quality control for materials and work, covered by all sections of the TECHNICAL REQUIREMENTS in accordance with Section 01 45 04 CONTRACTOR QUALITY CONTROL. Records shall be maintained for all operations including sampling and testing.

1.5 AS-BUILT DRAWINGS

As-built drawings shall be in accordance with Section 01 78 00 CLOSEOUT

SUBMITTALS.

1.6 INSPECTION OF EXISTING CONDITIONS

A written report with color photographs noting the condition of the existing facilities at the time of the inspection. One copy of the report including photographs shall be submitted to the Contracting Officer, prior to construction.

SECTION 01 90 00 Page 3

1.7 PROTECTION

The Contractor shall take all necessary precautions to insure that no damages to private or public property will result from his operations.

Any such damages shall be repaired or property replaced by the Contractor in accordance with the CONTRACT CLAUSES entitled "PERMITS AND RESPONSIBILITIES" and "PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS", without delay, and at no cost to the Government.

1.7.1 Warning Signs and Barricades

The Contractor shall be responsible for posting warning signs or erecting temporary barricades to provide for safe conduct of work and protection of property.

1.8 RESTORATION WORK

Existing conditions or areas damaged or disturbed by the Contractor's operations shall be restored to their original condition, or near original condition as possible, to the satisfaction of the Contracting Officer.

1.9 TITLE TO MATERIALS

Title to all materials and equipment to be removed, except as indicated or specified otherwise, is vested in the Contractor upon receipt of notice to proceed. The Government will not be responsible for the condition, loss or damage to such property after the Contractor's receipt of notice to proceed. Items indicated to be removed shall be removed and disposed of by the Contractor at the Contractor's responsibility and expense before the completion and final acceptance of the work, and such materials shall not be sold on the site. All recovered material shall be offloaded at Kalaeloa Barber's Point Harbor and temporarily stored at the Kalaeloa Barber's Point Harbor COSA or disposed of offsite. No offloading or storage is available at Honolulu Harbor.

1.10 RUBBISH AND DEBRIS

Rubbish and debris shall be offloaded at Kalaeloa Barber's Point Harbor and removed from Government-controlled property daily unless otherwise directed, so as not to allow accumulation. Materials that cannot be removed daily shall be stored in the COSA at Kalaeloa Barber's Point Harbor or disposed offsite. No offloading is available at Honolulu Harbor.

1.11 INTERFERENCE WITH GOVERNMENT OPERATIONS

The Contractor shall establish work procedures and methods to prevent interference with existing operations within or adjacent to the construction area. Free passage into adjoining or adjacent buildings not in the contract will not be permitted except as approved by the Contracting Officer. Procedures and methods shall also provide for safe conduct of work and protection of property which is to remain undisturbed.

1.11.1 Coordination

The Contractor shall coordinate all work with the Contracting Officer to minimize interruption and inconvenience to the users or to the Government. Scheduling and programming of work will be established during the pre-construction conference.

SECTION 01 90 00 Page 4

1.11.2 Materials and Equipment

All materials and equipment required to complete the project shall be on hand before work is started.

1.11.3 Utilities and Facilities

All utilities and facilities within the area shall remain operable and shall not be affected by the Contractor's work, unless otherwise approved in writing in advance by the Contracting Officer.

1.11.4 Security

Access to various locations within the Honolulu and Kalaeloa Barber's Point Harbors may require security access badges such as, but is not limited to, the Transportation Worker Identification Credential or TWIC card and Maritime Security or MARSEC card. The Contractor's booking agent shall coordinate with the Honolulu Harbor Master on these and other security requirements.

1.12 CONTRACTOR'S OPERATIONS AND STORAGE AREA (COSA)

Contractor Operations and Storage Areas are located as shown on the drawings. The Contractor shall be responsible for the security necessary for protection of his equipment and materials and shall maintain the area free of debris. No rusty or unsightly materials shall be used for providing the secure measure and such measure shall be erected in a workmanlike manner. Before any construction commences on establishing the operation/storage area, Contractor shall take photographs and/or videos of the site(s) in order to establish the original conditions of the site. A duplicate set shall be made and submitted to the Government for its files. Upon completion and prior to the final acceptance of the contract work, the Contractor shall restore the area to its original condition.

The COSA in the Honolulu Harbor area is located at Pier 38 within the fenced area shown on the drawings. This secured area is approximately one acre and is fenced or walled with a locked gate entrance. However, the area available for this project is approximately 2/3 of an acre. The other 1/3 will be shared by a DOT leased tenant. Fencing will be required to separate COSA. All excavation for temporary fencing or for any purpose is strictly prohibited. All construction and personal vehicles shall be parked within this area and not on the paved areas located nearby.

Provide a pad lock for lock-on-lock locking to secure the exterior gate and other locks for Contractor only gate. The Contractor's booking agent shall coordinate this COSA site with the Honolulu Harbor Master. There are no utilities available at this COSA.

The docking location at Honolulu Harbor of the dredge plant and all dredge work vessels can change throughout the duration of the project and therefore shall be coordinated between the Contractor's booking agent and Honolulu Harbor Master. Water transportation and shore access for personnel near the COSA site at Pier 38 can be provided.

Docking location in the Honolulu Harbor will be near the COSA in the Kapalama Canal as shown in the drawings. Additional docking area may be necessary.

The COSA in the Kalaeloa Barber's Point Harbor area is shown on the

SECTION 01 90 00 Page 5 drawings. The Contractor's booking agent shall also coordinate with the Honolulu Harbor Master for all aspects and use of this COSA site. Fill material at the COSA site is available for use in constructing of a dewatering berm as shown on the drawings. This material comes from a large stockpile. Coordinate with DOT if more material is needed for the dewatering operations. This fill material shall be restored to its original location at the end of the project construction. There are no utilities available at this COSA.

1.13 GOVERNMENT PROJECT OFFICE

The Contractor shall provide for use by Government supervisory and inspection personnel, sufficient air-conditioned office workspace within the Contractor's office to accommodate Contractor-provided furnishings of one desk, one chair, and one legal size five-drawer locking file cabinet.

The Contractor shall also make available for use by Government personnel, office equipment, such as telephones, fax machines, and copier equipment.

Potable drinking water and temporary toilet facilities shall be made available to Government personnel within close proximity. The cost of utilities, office equipment usage, and operation and maintenance of the office space shall be borne by the Contractor. Upon completion of the contract, the furnishing shall be removed and disposed of by the Contractor.

1.14 WORKING HOURS

All work can be performed 24 hours a day, seven days a week with the following exceptions:

a. Kalaeloa Barber's Point Harbor dewatering operations, which shall be performed between the hours of 0600 to 2200 HST, 7 days a week.

b. Within the Honolulu Harbor entrance channel, which shall be night time dredging to occur 8 days per month for 10- to 12-hour shifts.

c. Keep 200 feet minimum of the entrance channel open during dredging operations to allow for tug/barge to pass.

In all cases, coordinated with the Honolulu Harbor Master through the Contractor's booking agent.

Further restrictions on work hours shall be in accordance with Section 01

57 19 TEMPORARY ENVIRONMENTAL CONTROLS.

1.15 WATER AND ENERGY CONSERVATION

The Contractor is responsible for water and energy conservation at the job site and shall appoint an individual responsible for ensuring compliance.

The designated individual shall check the jobsite at the close of business each day to ensure all lights, utilities, and equipment are properly secured, turned off and powered down.

1.16 ELECTRONIC FILES

All paper documents submitted to the government, including, but not limited to meeting minutes, bonds, insurance certificates, correspondence, weekly payrolls, proposals, accident reports, submittals, etc shall be accompanied by an electronic copy of the document in pdf format at the same time that the paper document is submitted. The PDF copy shall be

SECTION 01 90 00 Page 6 identical to the paper copy including signatures where applicable. The file name shall consist of the document type/name, subject and document date. Electronic files may be submitted on CD, DVD or by email. Include a list of the documents included in the electronic submittal.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

SECTION 01 90 00 Page 7

S-4.1 JOINT VENTURE OFFERORS (JUN 2003)

All Offerors in a Joint Venture shall submit their executed joint venture agreement. In addition, Joint Venture firms must obtain/submit their tax identification number (TIN), Data Universal Numbering System (DUNS) No., Section 00 45 00, Representations and Certifications and register in System for Award Management (SAM) https://www.sam.gov/portal/public/SAM/#1.

[End of Statement]

S-5 FOREIGN-BUILT DREDGES AND TRANSPORTATION OF DREDGED MATERIAL (AUG 2005)

Bidders are reminded that the contract to be awarded under this solicitation is subject to both the Act of May 28, 1906, commonly known as “the Foreign Dredge Act” (codified at 46 U.S.C. App. 292) and the Merchant Marine Act of 1920 (codified at 46 U.S.C. App. 883).

For the purposes of this solicitation, in very broad and general terms, the above Acts generally indicate that foreign-built dredges shall not engage in dredging in the United States and that merchandise, including the dredged material under this contract, must be transported by vessels built in and documented under the laws of the United States and owned by persons who are citizens of the United States. Exceptions to these general statements do exist; any inquires regarding the applicability of the exceptions to a specific dredge or vessel should be directed to the Contracting Officer.

S-19.1 APPROVAL OF SUBCONTRACTING PLAN

If the Contract Clause in this solicitation entitled "Small Business Subcontracting Plan" or its Alternate I or II applies, no award will be made until the subcontracting plan under the stated clause is approved.

S-19.3 SMALL DISADVANTAGED BUSINESS GOAL FOR SMALL BUSINESS SUBCONTRACTING

PLAN

When a small business subcontracting plan is required by FAR clause entitled, “SMALL BUSINESS SUBCONTRACTING PLAN”, the minimum goal that will be accepted for subcontracting with Small Disadvantaged Business is five percent (5%).

O&M DREDGING

W9128A-20-B-0001

Section 01 90 00 - Page 8

S-19A U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL, EM 385-

1-1 (AUG 2002)

This paragraph applies to contracts and purchase orders that require the contractor to comply with EM 385-1-1 (e.g., contracts that include the Accident Prevention clause at FAR 52.236-13 and/or other safety provisions.)

The Contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation.

Per EM 385-1-1 (latest version) Contractors shall ensure timely accident reporting is strictly adhered to. PODR 265 will be completed within 24 hours of all accidents (excluding first aid injuries). ENG 3394 forms will be completed within 5 days of lost time accident and forwarded to the Contracting Officer or Contracting Officer Representative.

All accidents will be reported through the Honolulu District, Safety Office, (808) 835-4009 within 24 hours of the incident.

S-28.1 EXECUTION OF BID BOND (AUG 1994)

If the bidder's name and address on the bid form (Standard Form 1442) and those on the bid bond form (Standard Form 24) are different from each other, the bid may be rejected as nonresponsive. Accordingly, for its own protection, each bidder shall see to it that the name and address on both forms are identical.

S-28.2 PENAL SUM AND FORM OF BID BOND

(Applicable to bids exceeding $100,000)

Each bidder shall submit with its bid a separate Bid Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the Government, or other security as provided in contract clause entitled "BID GUARANTEE", in the CONTRACT CLAUSES section of the solicitation. The bid bond penalty may be expressed in terms of a percentage of the bid price or may be expressed in dollars and cents.

Failure to submit a bid guarantee by the time set for opening of bids may be cause for rejection of a bid, except as provided in "LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS" of this solicitation.

[FAR 28.101-2]

S-28.3 PENAL SUM AND FORM OF BID GUARANTEE

(Applicable to offers exceeding $100,000)

Each offeror shall submit with its offer a separate bid guarantee using Standard Form 24, Bid Bond, with good and sufficient surety or sureties acceptable to the Government, or other security as provided in the clause entitled BID GUARANTEE in the CONTRACT CLAUSES section. This security shall be in the form of twenty percent (20%) of the offered price or three million dollars ($3,000,000), whichever is less. The penal sum of the bond may be expressed in terms of a percentage of the offered price or may be expressed in dollars and cents.

Section 01 90 00 - Page 9

Failure to submit a bid guarantee by the time and date set for receipt of proposals may be cause for rejection of a proposal, except as provided in provision 52.215-1, Instructions to Offerors--Competitive Acquisition.

S-28.4 BID BONDS FOR BIDS EXCEEDING $100,000 (SEP 1995)

(a) Under the Federal Acquisition Streamlining Act of 1994 (FASA) Public Law (P.L.) 103-355, the Miller Act (40 U.S.C. 270a-270f) no longer applies to contracts that do not exceed the amount of $100,000. Therefore, the Government will not require the successful bidder to furnish performance and payment bonds if it appears that award of a contract to the bidder will be in an amount of $100,000 or less.

(b) The Government requires a bid bond to accompany a bid when performance and payment bonds will be required under the resulting contract (see FAR 28.102-1). Therefore, under this solicitation, any bid that is in excess of $100,000 shall be accompanied by a bid guarantee, in the form and amount that is required by clause entitled, “BID GUARANTEE," in Section 00700, and other pertinent provisions and clauses in this solicitation. Failure to submit a bid guarantee in such case may render the bid non-responsive to the solicitation.

(c) A bid under this solicitation that does not exceed $100,000 shall not require a bid guarantee to be submitted with the bid. Absence of a bid guarantee in such case will not, in and of itself, render the bid non-responsive to the solicitation.

S-36.2 MAGNITUDE OF THE PROPOSED PROJECT [FAR 36.204]

(a) Physical Characteristics:

This project includes maintenance dredging of Honolulu Harbor on the Island of Oahu, Hawaii. The work will require the dredging of sand, silt, and mud that is above authorized project depth. Disposal of dredged material will be both upland and offshore. Work shall be performed at Honolulu Harbor and Kalaeloa Barbers Point Harbor, on the Island of Oahu.

(b) Estimated Price Range: The estimated price range of this work is: $15,000,000 to $20,000,000.

52.214-5000 APPARENT CLERICAL MISTAKES.

ARITHMETIC DISCREPANCIES

(a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

O&M DREDGING

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(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

(End of statement)

S-7 IDENTIFICATION OF PARTNERS

(Applicable where the Offeror has identified itself as a partnership or joint venture.)

The full names of all partners are listed below:

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S-102 CONTRACTOR SUPPLY and USE OF ELECTRONIC SOFTWARE FOR PROCESSING DAVIS- BACON ACT CERTIFIED LABOR PAYROLLS (April 2011)

The contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Davis-Bacon Act as stated in FAR 52.222-8, PAYROLLS AND BASIC RECORDS and FAR 52.222-13, COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS.

If the contractor elects to use an electronic Davis-Bacon payroll processing system, then the contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the contractor to comply with Davis-Bacon and related Act regulations. When the contractor uses an electronic Davis-Bacon payroll system, the electronic payroll service shall be used by the contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the contractor chooses to use an electronic Davis-Bacon payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required to comply with the Davis-Bacon and related Act regulations over the duration of this construction contract. The access shall include electronic review access by the Government contract administration office to the electronic payroll processing system used by the contractor.

The contractor's provision and use of an electronic payroll processing system shall meet the following basic functional criteria: commercially available; compliant with appropriate Davis Bacon Act payroll provisions in the FAR; able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract; capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records (format at http://www.rmssupport.com/guides.aspx) for export in an Excel spreadsheet to be imported into the contractor's Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export payroll data to the Government's Resident Management System (RMS); demonstrated security of data and data entry rights; ability to produce contractor-certified electronic versions of weekly payroll data; ability to identify erroneous entries and track the data/time of all versions of the certified Davis Bacon payrolls submitted to the government over the life of the contract; capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic Davis-Bacon payroll processing system shall be provided to the Government during contract closeout.

All contractor-incurred costs related to the contractor's provision and use of an electronic payroll processing service shall be included in the contractor's price for the overall work under the contract. The costs for Davis-Bacon Act compliance using electronic payroll processing services shall not be a separately bid/proposed or reimbursed item under this contract.

S-9 SIGNAL LIGHTS

The Contractor shall display signal lights and conduct its operation in accordance with the General Regulations of the Department of the Army and of the Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe or in submarine or bank protection operations, lights to be displayed on dredge pipe lines, and day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working in navigable channels, as approved by the Secretary of the Army (33 C.F.R. 201.1-201.16) and the Commandant, U.S. Coast Guard (33 C.F.R. 80.18-80.31a and 33 C.F.R.

95.51-95.70).

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S-19 SAFETY STANDARDS

a. The successful offeror will be required to comply with Chapter 396 of the Hawaii Occupational Safety and Health Act (OSHA) standards and Title 12 Department of Labor and Industrial Relations, Subtitle 8 Division of Occupational Safety and Health, Part 2 General Industry Standards as well as with the Corps of Engineers Manual 385-1-1, Safety and Health Requirements Manual (latest version). [Title 29, CFR, Chap 18, Part 1910 (OSHA)]

b. The successful offeror shall attend the Honolulu District’s Effective Planning in Accident Prevention Training Course held quarterly or view the course video within 60 days after award of the contract. Confirmation of having taken the course shall be forwarded to the Contracting Officer Representative by a letter signed by the President of the Company.

S-28.7 REQUIRED INSURANCE (Aug 2004)

(The following is applicable when work is performed on a government installation.)

The minimum insurance requirements, pursuant to Section 00700, Contract Clause, "INSURANCE - - WORK ON A GOVERNMENT INSTALLATION" of this contract, are:

Workers' Compensation and Employer's Liability Insurance - Minimum coverage of $100,000.

Comprehensive General Liability Insurance - Minimum coverage of $500,000 per occurrence.

Automobile Liability Insurance

(1) Bodily Injury: Minimum coverage of $200,000 per person and $500,000 per occurrence.

(2) Property Damage: Minimum coverage of $20,000 per occurrence.

The Contractor shall insert the substance of this clause in subcontracts under this contract that require work on a Government installation.

The Certificate Holder for both the Prime’s and Subcontractors' Certificates of Insurance shall be the U.S. Army Engineer District, Honolulu, Fort Shafter, Hawaii 96858-5440. [FAR 28.306 and 28.307-2]

S-28.8 PERFORMANCE AND PAYMENT BONDS (OCT 1995)

(Applicable to contracts exceeding $100,000)

Within fourteen (14) calendar days after the date of contract award, the bidder to whom award is made shall furnish the Government with two bonds, each with good and sufficient surety or sureties acceptable to the Government;

namely, a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25-A).

Any bonds furnished will be furnished by the Contractor to the Government prior to issuance of a Notice to Proceed by the Government. [FAR 28.102-3]

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S-36.5 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1. This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the contract clause entitled DEFAULT (FIXED-PRICE CONSTRUCTION). In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

a. The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

b. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

2. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON 5 DAY WORK WEEK

Oahu

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

3 3 2 1 1 0 1 1 1 2 2 3

3. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph 2, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled DEFAULT (FIXED-PRICE CONSTRUCTION). [ER 415-1-15, 31 Oct 89]

S-36.7 IDENTIFICATION OF EMPLOYEES

The Contractor shall be responsible for furnishing to each employee and for requiring each employee engaged on the work to display such identification as may be approved and directed by the Contracting Officer. All prescribed identification shall immediately be delivered to the Contracting Officer for cancellation upon the release of any employee. When required by the Contracting Officer, the Contractor shall obtain and submit fingerprints of all persons employed or to be employed on the project.

S-36.8 GROUND-FAULT CIRCUIT INTERRUPTERS

Ground-fault circuit interrupters for all 125-volt single phase 15- and 20-ampere receptacle outlets which are not part of the permanent wiring of the building or structure shall be provided by the Contractor in accordance with Section 305-6 of the 2008 or latest edition National Electrical Code.

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S-36.11 POSTERS AND NOTICES

Wage Rate, Equal Employment Opportunity, and Nondiscrimination in Employment Posters and Notices will be provided to the Contractor by the Contracting Officer. The Contractor shall mount these posters and notices, together with the wage determination decision, under weatherproof, transparent, protective covering, in one or more conspicuous places, as approved, and readily available to employees.

S-36.12 PROJECT SIGN (March 2007)

Two (2) project signs shall be fabricated and erected at a…