A.2.11.4 W9128A22R0004 Am-0003 Kaunakakai Harbor - Specifications.pdf

Kaunakakai Harbor Maintenance Dredging KAUNAKAKAI surveyor to conduct a pre-dredge and post-dredge multi-beam dredge survey of each acceptance area and will submit raw survey data, contour plots, and volume computations to the Contracting Officer for acceptance. Work areas will be accepted based on multi-beam hydrographic survey data processed using a median depth sort on a 3-foot by 3-foot grid. Survey drawings are not required to be displayed at this resolution. Contractor may suggest a resolution of soundings to be displayed. A work area will be accepted when:

a. All of the sorted survey values inside the prescribed work area limits are equal to or deeper than the required channel depth.

b. The Government reserves the right to accept a work area which does not meet the acceptance criteria as described elsewhere in this contract.

3.3.2 Quantity Surveys

a. Based on the Contractor hydrographic survey data submittals and quantity computations, the Government will determine cubic yard quantities for payment and acceptance. Dredge material quantities will be determined by pre- and post-dredge surveys of the work areas.

Contractor sounding depths used for determination of pay quantity volumes will be derived from multi-beam acoustic methods and corrected for tide. Accuracy will be in accordance with stated quality control values in EM-1110-2-1003. The Government reserves the right to take verification soundings by any method, including: multi-beam, single-beam, lead line, or trigonometric leveling (total station)/differential leveling; the same method will be used for the pre- and post-survey of a given reach.

b. As required, data from land surveys will be obtained and incorporated into the volume computation.

c. The dredging pay prism is shown in the drawings. Cubic yard volumes for payment will be computed in Hypack using the Triangulated Irregular Network (TIN) surface volume computation method. Computed pay volumes will be the difference between the TIN to Channel computation of the Government approved pre-dredge survey and the TIN to Channel computation of the Government approved post-dredge survey in an acceptance area. For computation purposes soundings will be a median sort on a 3-foot by 3-foot matrix. Any material removed from outside the maximum dredging prism will not be considered for payment. No adjustment will be made for infill material that occurs following pre-dredge survey but before final acceptance.

d. Surveys shall be conducted no more than a maximum of 10 30 days before start of work and a maximum of 10 days after completion of work. Provide survey data to the Government within 7 calendar days.

e. Material from the side slope is considered payable as long as it is material that has sloughed into the Federal channel limits. The maximum dredging pay prism assumes side slopes projected upward from the maximum pay line depth at slopes shown on the Contract drawing, regardless of whether it is found to be representative of the actual side slope conditions after dredging. No payment will be made for material removed directly from the slope project shown on the Contract drawings.

NOTE: The bidders are responsible for calculating the quantity of

SECTION 01 22 00.00 10 Page 5 Am-0003

Section 01 90 00

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.

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]

[End of Statement]

S-28.15 WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) - SERVICES (OCT 2009)

(a) This Special Contract Requirement supplements FAR Clause 52.228-3 Workers' Compensation Insurance (Defense Base Act).

(b) The contractor agrees to procure Defense Base Act (DBA) insurance pursuant to the terms of the contract between the U.S. Army Corps of Engineers (USACE) and CNA Insurance unless the contractor has a DBA self-insurance program approved by the Department of Labor. Proof of this self-insurance shall be provided to the Contracting Officer. The contractor shall submit proof of a valid DBA Insurance policy with CNA Insurance for the Prime and their Subcontractor's at every tier prior to performance of the contract. The current rate under the USACE and JCC-I/A contract is $4.00 per $100 of compensation for services.

(c) The contractor agrees to insert a Special Contract Requirement substantially the same as this one in all subcontracts (at every tier) to which DBA is applicable.

(d) Should the rates for DBA insurance coverage increase or decrease during the performance of this contract, USACE shall modify the contract accordingly. However, the revised rates will not be applicable until the Contractor's or Subcontractor's DBA Insurance policy is due to be renewed.

(e) Premiums will be reimbursed only if coverage is purchased through the USACE mandatory requirements DBA contract administered by CNA Insurance and their Managing Broker, Rutherfoord International.

(f) Claims Reporting - The Contractor shall make timely Defense Base Act insurance claims on behalf of each employee who is injured or killed in the course of their employment under this contract, and shall ensure that similar language is in each Subcontractor's contract. The Contractor's Safety Officer shall, in addition to any other duties required to be performed under the contract, perform the following:

(i) Make timely Defense Base Act insurance claims on behalf of each employee who is injured or killed in the course of their employment under this contract; and

(ii) Make monthly written reports to the Contracting Officer, Administrative Contracting Officer, and the District/Center Safety and Occupational Health Manager, providing the names of each such injured or deceased employee, the circumstances surrounding each injury or death, the dates of each injury or death, the date the insurance claim was made on behalf of each employee, and the current status of each claim.

The District/Center Safety and Occupational Health Manager POC is:

John A. Alden

Kaunakakai Harbor Maintenance Dredging KAUNAKAKAI

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Section 01 90 00

John.A.Alden@usace.army.mil

(g) Failure to comply and purchase Defense Base Act (DBA) Insurance in accordance with FAR Clauses 52.228-3 Workers' Compensation Insurance (Defense Base Act), from the U.S. Army Corps of Engineers mandatory Insurance Carrier/Broker (CNA Insurance/Rutherfoord International) for the Prime and all of the Subcontractors at every tier, shall be considered a material breech and could cause your contract to be terminated for default/cause.

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

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

Island of Molokai 3 2 3 1 1 0 0 0 1 1 2 2

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

Kaunakakai Harbor Maintenance Dredging KAUNAKAKAI

SECTION 01 90 00 Page 12 (Am-0003)

SECTION 35 20 23

DREDGING

04/06

PART 1 GENERAL

1.1 GENERAL SCOPE OF WORK

This work consists of dredging within the Federal jurisdiction of the Kaunakakai Harbor to a depth of -23 feet Mean Lower Low Water (MLLW) as shown in the plans, using mechanical means. Disposal will be ocean disposal. Measures shall be taken to protect the health and safety of all persons involved in this project, the public in general, and the environment, as specified in these specifications and for the duration of this project. Mechanical means is by marine vessel dredge plant equipped with a clamshell bucket or an environmental clamshell bucket.

1.2 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. ARMY CORPS OF ENGINEERS (USACE)

EM 1110-1-1005 (Jan 2007) Engineering and Design - Control and Topographic Surveying

EM 1110-2-1003 (Nov 2013) Engineering and Design - Hydrographic Surveying

EM 1110-1-1003 (Feb 2011) Engineering and Design - Navstar Global Positioning System Surveying

EM 385-1-1 (2014) Safety and Health Requirements Manual

1.3 DEFINITION

Hard material is defined as material requiring the use of special equipment for economical removal, and includes weathered rock, coral reef rock, cemented coralline sand, cemented coralline gravel, dense consolidated deposits, volcanic tuff, conglomerate materials, or hard coralline boulders or fragments too large to be removed in one piece by the dredge. Silt, clay, sand and gravel is not included in the definition of hard material, regardless of consistency.

The Ocean Dredged Material Disposal Site (ODMDS) is an Environmental Protection Agency (EPA) designated and managed site offshore of Kahului Harbor as shown on the Drawings.

1.4 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office

SECTION 35 20 23 Page 3 any loss of material during loading and transporting of dredged material. All scows must have an American Bureau of Shipping (ABS) certified Load Line. Contractor personnel are not to be permitted on-board scows during transit to or from the material placement sites during the actual placement operation. All equipment must be of appropriate size and capacity to perform the work in the conditions typical in Hawaii coastal harbors and offshore waters, and in accordance with Section 01 35 26

GOVERNMENTAL SAFETY REQUIREMENTS.

b. A floating service Naval Architectural Analysis (NAA) will be required in accordance with EM 385-1-1 Section 16.L.05. Refer to Section 01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS for additional safety requirements and references.

c. Failure to comply with the above conditions will be cause to require the replacement of such equipment with floating plant that can meet the requirements.

3.2.6 Order of Work

Order of work will be in accordance with project CLINs (i.e. - Base, Option 3) unless otherwise approved by the Contracting Officer Representative.

3.2.7 Interference with Navigation

Minimize interference with navigation inside and outside of the harbor.

The Maui District Manager will direct the shifting or moving of dredges or the interruption of dredging operations to accommodate the movement of vessels and floating equipment, if necessary. Anchoring outside the federal limits during dredging when larger ships enter and exit the harbor may be necessary.

Anchors, cables, and other equipment may be hazardous to navigation must be adequately marked with lights, signs, and buoys as necessary to prevent accidental contact by vessels in the area. Do not obstruct navigational traffic by the deployment of anchor systems that may pose a threat to safe passage as determined by the on-site Government representative.

3.2.7.1 Interruption of Operations

The Contractor is responsible for coordinating with the Contracting Officer Representative and the Maui District Manager to identify ship movements that will affect dredging operations. Harbor channel must remain open without any obstruction during DOT commercial vessel arrival or departure. Harbor Agent will direct the shifting or moving of dredging. I f t he cont r act or i s r equi r ed t o move equi pment f r om Feder al t ur ni ng basi n l i mi t s t o accommodat e DOT commer ci al t r af f i c , DOT Har bor s wi l l pr ovi de ber t hi ng space wi t hi n t he har bor f or cont r act or vessel s. No moor i ng or spuddi ng of equi pment wi l l be aut hor i zed out si de Feder al l i mi t s or desi gnat ed St at e ber t hi ng ar eas. Contractor may visit Hawaii.Portcall.com to access information on ship movements and berthing areas, reserving berthing space requires registration on the site. The Contractor or a representative must be reachable at all times in case of emergency or imminently approaching natural disasters.

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3.2.7.2 Aids to Navigation

Movement of buoys or other aids to navigation necessary for dredging work will be coordinated by USACE with the US Coast Guard.

3.2.8 Lights

Each night, between sunset and sunrise and during periods of restricted visibility, provide lights for floating plants, pipelines, ranges, and markers. Also, provide lights for buoys that could endanger or obstruct navigation. When night work is in progress, maintain lights from sunset to sunrise for the observation of dredging operations. Lighting shall conform to United States Coast Guard requirements for visibility and color. Fully shield all outdoor lights so the bulb can only be seen from below bulb height and only use when necessary. In stall automatic motion sensor switches and timer controls on all outdoor lights or turn off lights when human activity is not occurring in the lighted area. Avoid nighttime construction during the seabird fledging period, September 15 through December 15.

3.2.9 Ranges, Gages, and Lines

Furnish, set, and maintain ranges, buoys, and markers needed to define the work and to facilitate inspection. Establish and maintain gages in locations observable from each part of the work so that the depth may be determined. Suspend dredging when the gages or ranges cannot be seen or followed.

3.2.10 Equipment

Maintain the plant, scows, comings, barges, and associated equipment to meet the requirements of the work.

3.2.11 Disposal of Excavated Material

Provide for safe transportation and disposal of dredged materials.

Transport and dispose of dredged material in the area designated for disposal of dredged material. The deposit of dredged materials in unauthorized places is forbidden. Comply with rules and regulations of local port and harbor governing authorities.

3.2.11.1 Method of Disposal

Deposit dredged material by self-dumping scow or barge to the designated disposal site shown on the drawings.

3.2.11.2 Dispersal of Material at Disposal Site

For all in-water material placement operations, place all dredged material within the designated placement site in a manner to avoid mounding and uneven distribution of material that would otherwise prematurely reduce the usable capacity of the site unless specifically directed to do otherwise. Prior to the start of dredging, have an initial meeting to specifically discuss the disposal site requirements.

3.2.11.3 Additional Requirements

All scows used to transport material must be in good working condition to prevent any loss of material during loading or transport.

SECTION 35 20 23 Page 12

Perform all dumping operations by remotely operated equipment.

3.2.11.4 Miscellaneous Trash and Debris

All logs, snags, trash, and debris removed from the designated dredge areas will become the property of the Contractor and must be disposed of in accordance with all applicable Federal, State, and municipal laws and regulations. Logs, snags, trash, and debris must not be placed in the Government-furnished material placement sites.

Contractor is responsible for determining an estimate for a quantity of miscellaneous trash and debris for removal/disposal, and determining a disposal location that is in compliance with all Federal, State and local laws. See Attachment 5 in Section 01 57 19 TEMPORARY ENVIRONMENTAL CONTROLS for a map of surface debris from a October 2020 survey. This is provided for information only and it not considered a comprehensive estimate of trash and debris that may be encountered.

3.2.12 Navigation Warnings

Furnish and maintain navigation warning signs in accordance with United States Coast Guard requirements.

3.2.13 Method of Communication

Provide a system of communication between the dredge crew and the crew hauling dredge material for disposal. A portable two-way radio is acceptable. Use radios that can be monitored by the District Manager's office. Coordinate with the District Manager's officer on type of radio and frequency to use.

3.2.14 Salvaged Material

Properly dispose of all man-made debris that are dredged in accordance with the applicable government rules and regulations.

3.2.15 Safety of Structures

The prosecution of work shall ensure the stability of piers, bulkheads, and other structures lying on or adjacent to the site of the work, insofar as structures may be jeopardized by dredging operations. Repair damage resulting from dredging operations, insofar as such damage may be caused by variation in locations or depth of dredging, or both, from that indicated or permitted under the contract.

3.2.16 Plant Removal

Upon completion of the work, promptly remove plant, including ranges, buoys, piles, and other markers or obstructions.

3.2.17 COORDINATION WITH DOT HARBORS AGENT

Coordinate operation with the DOT Harbor Agent at (808) 285-0935.

3.3 MEASUREMENT

Contractor shall take soundings before and after dredging.

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3.3.1 Method of Measurement

The material removed will be measured by cubic yard in place, by means of soundings taken before and after dredging. The Drawings represent existing conditions based on current available information, but will be verified and corrected, if necessary, by soundings taken before dredging.

Soundings will be taken by multibeam echosounder methods; results of soundings will be the basis for payment. Areas sounded more than 30 days prior to dredging will be re-sounded when requested by the Contracting Officer Representative.

3.3.2 Surveys During Progress of Work

Contract depth will be determined by soundings taken as work progresses.

The Contractor shall take progress survey soundings.

3.3.3 Monthly Estimates

Monthly estimates of work completed will be based on the result of soundings taken during the progress of the work. No payment will be made for material dredged outside the dredge pay prism shown in contract plans or for material disposed of not in accordance with specifications for offshore disposal.

3.3.4 Quantity Computations

All quantity computations shall be performed by the Contractor's independent hydrographic/topographic surveyor using the sorted, edited, tide corrected point files.

Prior to dredging, the Contractor shall provide to the Government for review a MicroStation file containing a template capable of producing survey drawings, complete with area map, borders, title block, and other miscellaneous information. The file shall also provide design surfaces that will be used to compute volumes placed and/or removed.

The MicroStation file shall be capable of computing quantities using design surfaces based on the dredge and survey limits specified in the contract. Side slope quantities shall be computed by the Contractor's independent hydrographic/topographic surveyor by comparing pre-dredge and post-dredge surveys for the area between the dredge limits and the survey limits. Side slopes shall not be flatter than the natural angle of repose, 1V:3H. If the post-dredge survey shows volume removed below the natural angle of repose, that quantity shall not be included in quantity computations.

Quantity computations shall be reported in cubic yards in an Excel spreadsheet or other tabular format as approved by the COR. All quantity computations shall include notes stating the point file(s) and surface build characteristics used. Any edits or surface build properties for the point files and design surfaces made by the independent hydrographic/topographic surveyor shall be preserved in the MicroStation file submitted for Government review and comment.

For each survey provide a running total of the quantity of available and removed material to required depth, maximum allowable overdepth, and along the side slopes.

SECTION 35 20 23 Page 14

3.4 PROGRESS PAYMENT

Progress payments for work accomplished will be made monthly.

3.5 FINAL EXAMINATION AND ACCEPTANCE

3.5.1 Acceptance Areas

a. Each acceptance area will have a minimum of one pre-dredged and one post dredge hydrographic survey.

b. All awarded bid items will constitute one acceptance area.

c. Acceptance areas will not be changed unless by mutual agreement between the Government and the Contractor.

d. All work in an acceptance area must be completed before a post-dredge survey is conducted.

3.5.2 Post-Dredge Survey and Volume Estimates

As soon as practicable after the completion of an acceptance area, the entire acceptance area will be surveyed using multibeam hydrographic survey methods. Soundings shall be made using standard hydrographic surveying techniques in compliance with EM 1110-2-1003 . Depths shall be recorded to tenths of a foot. The soundings shall be tied to the survey network provided in the contract drawings. Remove shoals and lumps by dredging. The Contracting Officer Representative will be notified at least 7 days prior when soundings are to be made and will be permitted to accompany the sounding party and to inspect the data and methods used in preparing the final estimate. When acceptance areas are found to be in a satisfactory condition, the work therein will be accepted as complete within 14 calendar days of receipt of survey.

Dredging work will not be accepted by the Government until all dredging work in an acceptance area is completed; partial acceptance of any part of the work will not be considered.

A digital CADD file, pdf, raw data text file, and metadata file of the post-dredge soundings (merge post-dredge sounding data if multiple acceptance areas exist), and two hard copies of the post-dredge survey shall be submitted to the Government upon final acceptance. CADD files shall be in accordance with TR-12-6.

3.5.3 Final Acceptance

Final volume estimates will be subject to deductions or correction of deductions previously made because of excessive overdepth, dredging outside or authorized areas, or disposal of material in an unauthorized manner.

Final acceptance of the work and the deductions or corrections of deductions made thereon will not be reopened after having once been made, except on evidence of collusion, fraud, or obvious error.

-- End of Section --

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