W912P724B0009_Amendment 1 CC 8.5.2024 FINAL.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

1. CONTRACT ID CODE PAGE OF PAGES

1 132

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912P724B0009

X 9B. DATED (SEE ITEM 11)

08-Jul-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3.EFFECTIVE DATE

5-Aug-2024

CODE

USACE, SAN FRANCISCO DISTRICT

450 GOLDEN GATE

SAN FRANCISCO CA 94102

W912P7 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

See summary of changes on page 2.

Description of Amendment:

Summary of Changes

Crescent City - W912P724B0009 Amendment 1

1) Revised section 01 11 00 to add that the rocks larger than 4” shall be given to the Crescent City Harbor District.

2) Revised section 01 35 26 to update the reference for the fire alarm and abandon ship signals from the “Coast Guard Rules and Regulations” to “EM 385-1-1”.

3) Revised section 01 57 19.01 43 to add California Regional Water Quality Control Board North Coast Region Waste Discharge Requirements to the permits listed in paragraph 1.8.

4) Revised section 35 20 23 to add disposal requirements for rock, trash, debris, and other miscellaneous man-made and natural objects to paragraph 1.3 and to delete paragraph 3.2.2.6.5.

5) Revised plan sheets G-002, G-003 and G-0004 to add the rock storage area for the rocks larger than 4 inches.

6) Revised plan sheet G-003 to specify that dredging is allowed within 15 meters of the eelgrass if it occurs at night.

7) Added California Coastal Commission (CCC) - Negative Determination.

8) Added National Marine Fisheries Service (NMFS) Letter of Concurrence.

9) Added U.S. Fish and Wildlife Service (USFWS) Letter of Concurrence.

10) Added California Regional Water Quality Control Board North Coast Region Waste Discharge

Requirements.

11) Updated Wage Determination to Del Norte County, CA Wage Determination published on July

26th, 2024.

12) Extended Bid Due Date and Bid Opening Date to August 13th, 2024.

W912P724B0009 Amendment 1

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION 00 10 00 CHANGES

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 08-Aug-2024 12:00 PM to 13-Aug-2024 12:00 PM.

(End of Section 00 10 00 Changes)

W912P724B0009

To submit a bid, each bidder must contact Mary Fronck to obtain a unique DoD SAFE request code.

Mary Fronck can be reached at mary.fronck@usace.army.mil or (415) 503-6554. In the event Mary Fronck cannot be reached, please contact Logan Champlin at logan.champlin@usace.army.mil or (415) 503 - 6953 to request assistance. Once a bidder has a unique request code, they may upload their bid submission to DoD SAFE. All submissions must be no earlier than 6 days before and no later than the Bid Opening. This allows a submission window from Thursday August 8th at 12 pm PST until Tuesday August 13th, 2024 at 12 pm PST. Early and late submissions outside of this window will not be accepted.

The public bid opening will be held via WebEx at 1pm PST on Tuesday August 13th, 2024, which will allow participants to hear a live reading of the bids. Prior to the bid opening, participants must follow this link:

https://usace1.webex.com/meet/mary.fronck. The link will provide each participant to register and obtain a security code to be used to access the bid opening Webex Meeting. Government will review the bids received electronically and post the abstracts of bids on SAM.gov as soon as practicable after bid closing.

It is the responsibility of all bidders to ensure their bid submissions are complete, inclusive of the price schedule, acknowledge of amendments, bid guarantee, and all additional information requested through this advertisement.

1.8 OTHER BID DELIVERY METHODS

Telegraphic, Facsimile, emailed, HAND DELIVERED, MAILED, or comparable delivery methods of the Bid Package are not acceptable.

Bids may only be modified or withdrawn by electronic means through a signed letter request uploaded to DoD SAFE using the same request code as the original bid. A notice to modify or withdraw a bid sent via DoD SAFE must be received in DoD SAFE no later than the exact date and time set for Bid Opening.

1.9 PERFORMANCE AND PAYMENT BONDS

The offeror will, furnish performance and payment bonds within the time established in the contract in accordance with FAR 52.228-15 (DEVIATION 2020-O0016) located in Section 00 72 00. The offeror will provide the bonds to the Government electronically via the DoD SAFE. The offeror will also ma il original, hard copies of bid bonds and performance bonds to the U.S. Army Corps of Engineers, San Francisco District, Contracting Division, 450 Golden Gate Avenue, Fourth Floor, San Francisco, CA 94102.

2.0 INDIVIDUAL SURETIES IN SUPPORT OF BID BONDS

An offeror utilizing individual sureties in support of a bid bond shall include a Standard Form (SF) 28 (Affidavit of Individual Surety), accompanied by a pledge of acceptable assets from each person acting as an individual surety, and include these with the SF 24 (Bid Bond), and the proposal itself (see clause titled "Pledges of Assets," FAR 52.228-11 DEVIATION 2020-O0016).

Pledges of acceptable assets shall be in the form of (1) evidence of an escrow account and/or (2) a recorded lien on rea l estate.

Failure to provide required documentation described herein may cause the offeror to be deemed

"unacceptable".

2.1 BID GUARANTEE FORM AND AMOUNT

The offeror shall furnish a separate bid guarantee in accordance with the solicitation provision titled "Bid Guarantee", FAR 52.228-1. In accordance with FAR 28.101-2 (b) the bid guarantee amount shall be at least 20 percent of the “proposed price" but shall not exceed$3 million. When the penal sum is expressed as a percentage, a maximum dollar limitation may be stated.

In accordance with FAR 28.106-1 a Standard Form (SF) 24 shall be used for the bid bond.

In accordance with FAR 28.202(a) (1), corporate sureties utilized must appear on the list contained in the

Section 00 21 00 - Page 3

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W912P724B0009 Amendment 1 mailto:melissa.a.denigris@usace.army.mil mailto:logan.champlin@usace.army.mil

Crescent City Harbor FY24 Maintenance Dredging W912P724B0009

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 11 00

SUMMARY OF WORK

08/21

PART 1 GENERAL

1.1 REFERENCES

1.2 PROJECT DESCRIPTION

1.2.1 Requirements

1.2.2 Constraints

1.3 MEETINGS

1.3.1 Preconstruction Conference

1.4 CONTRACTOR PERFORMANCE EVALUATIONS

1.5 PERMITS

1.6 PUBLIC SAFETY

1.6.1 General

1.7 PUBLIC UTILITIES AND PRIVATE IMPROVEMENTS

1.8 SAFETY OF STRUCTURES

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

SECTION 01 11 00 Page 1

W912P724B0009

SECTION 01 11 00

SUMMARY OF WORK

08/21

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. ARMY CORPS OF ENGINEERS (USACE)

ER 415-1-17 (2012) Construction Contractor Performance Evaluations

1.2 PROJECT DESCRIPTION

The work includes maintenance dredging of the federal navigation channel in Crescent City Harbor, which cannot begin before 1 July in any year.

1.2.1 Requirements

a. Dredge the Marina Access and Inner Harbor Basin Channels to -15-ft Mean Lower Low Water (MLLW) and the Entrance Channel to -20-ft MLLW for acceptance as stated in Section 00 10 00 PRICING SCHEDULE and Plan Sheet ID G-02: General Notes for Acceptance.

b. The environmental window is from 1 July to 15 October.

c. Material from the Marina Access, Inner Harbor Basin and Entrance Channels is suitable and shall be taken for disposal at Whaler Island Nearshore Site. (Subject to update per Tier-III result)

d. Rocks larger than 4 inches shall be screened out of the dredged material and shall not be placed at Whaler Island Nearshore Site. The rocks larger than 4 inches shall be taken to the rock storage area shown on plan sheet G-003.

e. The contractor is responsible for disposal of debris and rocks that is not suitable for placement at Whaler Island Nearshore Site at an authorized landfill.

1.2.2 Constraints

a. Hopper dredging is prohibited for this project.

b. No decanting will be allowed for this project.

c. A Coast Guard boat is expected to be re-fueling at the Citizen's Dock. The contractor shall coordinate with the Coast Guard to provide access during dredging operations.

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W912P724B0009

1.3 MEETINGS

1.3.1 Preconstruction Conference

After award of contract, a pre-dredging conference will be held at such time and location as determined by the Contracting Officer or delegated representative for purposes of discussing and developing mutual understanding between the Contracting Officer or delegated representative and the Contractor's Representatives regarding the terms, conditions, and requirements of the contract. Members of the conference from the Government will include the quality assurance staff, the Contracting Officer or delegated representative, construction staff, safety officer, and environmental manager. Members from the Contractor shall include the dredge master, chief hydrographic surveyor, site safety and health officer (SSHO), and the quality control staff. The discussion will include, but will not be limited to, the following:

-Contractor supervisory and quality control project staff

-Correspondence procedures

-Accident Prevention Plan

-Quality Control and Hydrographic Surveying

-Project scheduling and payment procedures

-Resident Management System (RMS-QC)

-Other subjects that may be of interest to the contracting parties

-Schedule of Weekly Meeting

1.4 CONTRACTOR PERFORMANCE EVALUATIONS

The Contractor's performance shall be evaluated using the Construction Performance Assessment Reporting System (CPARS) in accordance with Subpart

36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation and ER 415-1-17 . The Contractor may access, review, and comment on the evaluation for a period of 60 days. Accessing and using CPARS requires Public Key Infrastructure (PKI) certification. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. This certification is purchased from an External Certificate Authorities (ECA) vendor. Contractor access to CPARS is required for Contractor to participate in the performance evaluation process. PKI certification is the sole responsibility of the Contractor. Current information about the PKI certification process and known PKI vendors can be found at the following link:

http://www.cpars.gov/.

1.5 PERMITS

The Contractor shall comply with all licenses and permits required by Federal, State, and local laws, codes, and regulations unless otherwise specified in these contract documents.

a. The following permits have been obtained by the Government and are attached to these specifications:

SECTION 01 11 00 Page 3

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(1) Environmental Assessment under the National Environmental Policy Act

(2) California Coastal Commission (CCC) - Negative Determination

(3) National Marine Fisheries Service (NMFS) Letter of Concurrence

(4) U.S. Fish and Wildlife Service (USFWS) Letter of Concurrence

The Contractor shall comply with these requirements and provisions in these contract specifications included in Sections TEMPORARY ENVIRONMENTAL CONTROLS FOR DREDGING IN CRESCENT CITY HARBOR 01 57 19.01 43 and DREDGING 35 20 23.

1.6 PUBLIC SAFETY

1.6.1 General

The Contractor shall provide guard personnel as required to provide protection in the interest of public safety. Whenever the Contractor's operations create a condition hazardous to the public, he shall furnish at his own expense and without cost to the Government, such guards as are necessary to give adequate warning to the public of any dangerous conditions to be encountered, and he shall furnish, erect, or maintain such lights, signs, barricades or fences, and other devices as are necessary to prevent accidents and to avoid damage or injury to the public. Flagmen and guards, while on duty and assigned to give warning to the public that the dredging is being accomplished, and of any dangerous conditions to be encountered as a result thereof, shall be equipped with appropriate safety equipment and a red flag. Signs, flags, lights, and other warning and safety devices shall conform to applicable city, county, and state requirements. Should the Contractor appear to be negligent in furnishing adequate warning and protective measures, the Contracting Officer or delegated representative will direct attention to the existence of a hazard, and the necessary warning and protective measures shall be furnished and installed by the Contractor without additional cost to the Government. The installation of any general illumination shall not relieve the Contractor of his responsibility for furnishing and maintaining all devices necessary to provide protection to all parties concerned. As part of the best practice, the contractor is highly encouraged to hold a safety meeting, open to the general public, at a venue frequented by the boating community to proactively inform and receive feedback from the public of the upcoming dredging work and task timelines.

1.7 PUBLIC UTILITIES AND PRIVATE IMPROVEMENTS

The Contractor's attention is directed to the possible existence of pipelines or public utilities or private improvements shown or not shown on the drawings which may be buried within the limits of the work or adjacent thereto. The Contractor shall take care to preserve and protect any such improvements from injury or damage during construction operations. Utilities or improvements, whether buried or not, which cannot be determined to exist through visual inspection by the Contractor, if inadvertently damaged by the Contractor's operations, shall be promptly repaired or replaced by the Contractor, and an equitable adjustment in the amount due under the contract will be made as provided in the contract.

The Contractor shall notify the Contracting Officer or delegated

SECTION 01 11 00 Page 4

W912P724B0009 representative immediately if any utility or structure has been damaged by the Contractor. The Contractor shall assume full responsibility for reimbursing the owners for any damage to their properties, utilities, or improvements, or interference with their services caused through the dredging operations. The Contractor is not relieved from the responsibility set forth in "FAR 52.236-3, Site Investigation and Conditions Affecting the Work" except as provided above.

1.8 SAFETY OF STRUCTURES

The Contractor shall use reasonable and proper care in the prosecution of the work to assure the stability of piers and other structures lying on or adjacent to the site of work, insofar as they may be jeopardized by the dredging operations and on account of moving or mooring of equipment. The Contractor shall make good all damages resulting from the moving and mooring of his equipment and from dredging operations insofar as such damages may be caused by variations in locations and/or depth of dredging below that ordered by the Contracting Officer or delegated representative.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.

-- End of Section --

SECTION 01 11 00 Page 5

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SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 35 26

GOVERNMENT SAFETY REQUIREMENTS (DREDGING)

11/20

PART 1 GENERAL

1.1 REFERENCES

1.2 DEFINITIONS

1.3 SUBMITTALS

1.4 DRUG AND ALCOHOL PREVENTION PROGRAM

1.5 REGULATORY REQUIREMENTS

1.6 SITE QUALIFICATIONS, DUTIES AND MEETINGS

1.6.1 Personnel Qualifications

1.6.1.1 Site Safety and Health Officer (SSHO)

1.6.1.1.1 Additional Site Safety and Health Officer (SSHO)

Requirements and Duties

1.6.1.2 USACE Dredging Requirements

1.6.1.2.1 SSHO Staffing for USACE Dredging Contracts

1.6.1.2.2 SSHO Requirements for Dredging

1.6.1.2.3 Designated Representative (DR) Requirements for

Dredging

1.6.1.2.4 Safety Personnel Training Requirements for Dredging

1.6.1.3 Competent Person for Confined Space Entry

1.6.1.4 Crane Operators

1.6.2 Personal Duties

1.6.2.1 Site Safety and Health Officer (SSHO)

1.6.3 Meetings

1.6.3.1 Preconstruction Conference

1.6.3.2 Safety Meetings

1.6.3.3 Work Phase Meetings

1.6.3.4 New Employee Indoctrination

1.6.3.5 Periodic Training

1.6.3.6 Training on Activity Hazard Analysis (AHA)

1.7 ACCIDENT PREVENTION PLAN (APP)

1.7.1 EM 385-1-1 Contents

1.8 ACTIVITY HAZARD ANALYSIS (AHA)

1.8.1 General

1.8.2 Periodic AHA Review and Updating

1.9 DISPLAY OF SAFETY INFORMATION

1.10 SITE SAFETY REFERENCE MATERIALS

1.11 EMERGENCY MEDICAL TREATMENT

1.12 NOTIFICATIONS AND REPORTS

1.12.1 Accident Notification

1.12.2 Accident Reports

1.12.3 Monthly Exposure Reports

1.12.3.1 Regulatory Citations and Violations

1.12.4 Crane Reports

1.12.5 Certificate of Crane Compliance

1.12.6 Third Party Certification of Barge-Mounted Mobile Cranes

1.12.7 Worker Compensation Claims

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1.13 HOT WORK

1.14 SEVERE STORM PLAN

1.15 CONFINED SPACE ENTRY REQUIREMENTS

1.16 HAZARD COMMUNICATION PROGRAM

1.17 PROJECT SAFE CLEARANCE PROCEDURE

1.17.1 Hazardous Energy Control Plan

1.17.2 Safe Clearance Procedure System

1.18 SPECIAL SAFETY REQUIREMENTS

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 DREDGING AND OTHER WORK

3.1.1 Hazardous Material Use

3.1.2 Hazardous Materials Exclusions

3.1.3 Unforeseen Hazardous Material

3.2 PRE-OUTAGE COORDINATION MEETING

3.3 CONTROL OF HAZARDOUS ENERGY (LOCKOUT/TAGOUT)

3.4 FALL HAZARD PROTECTION AND PREVENTION PROGRAM

3.4.1 Training

3.4.2 Fall Protection Equipment and Systems

3.4.2.1 Personal Fall Arrest Equipment

3.4.3 Horizontal Lifelines

3.4.4 Guardrails and Safety Nets

3.4.5 Rescue and Evacuation Procedures

3.5 SCAFFOLDING

3.6 EQUIPMENT

3.6.1 Material Handling Equipment

3.6.2 Seaworthiness Certification and Equipment Inspection

3.6.2.1 Seaworthiness Certification

3.6.2.2 Contractor Inspection of Floating Plants

3.6.2.3 Government Inspection of Floating Plants

3.6.3 Weight Handling Equipment

3.6.4 Equipment and Mechanized Equipment

3.6.5 Use of Explosives

3.7 Utilities

3.7.1 Utility Locations

3.7.2 Utility Location Verification

3.7.3 Utilities Within and Under Concrete, Bituminous Asphalt, and

Other Impervious Surfaces

3.8 ELECTRICAL

3.8.1 Portable Extension Cords

3.9 WORK IN CONFINED SPACES

3.10 NAVIGATION

3.10.1 Navigation Aids

3.10.2 Dredging Aids

3.10.3 U.S. Coast Guard Notification

3.10.4 Local Notice to Mariners

3.10.5 Signal Lights

3.10.6 Obstruction Marking and Lighting

3.11 RADIOLOGICAL SAFETY

3.12 MARINE TRANSPORTATION SAFETY

3.12.1 Vessel Traffic Services (VTS) Reporting Requirements

3.12.2 Anchor Waiver Requirements

3.13 TUG AND SCOW OPERATOR CERTIFICATION

3.14 CREOSOTE

3.15 MEANS OF ESCAPE FOR PERSONNEL QUARTERED, OR WORKING ON THE

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FLOATING PLANT

3.16 EMERGENCY ALARMS AND SIGNALS

3.16.1 Alarms

3.16.2 Fire Alarm Signal

3.16.3 Abandon Ship Signal

3.16.4 Man-Overboard Signal

3.17 HOUSEKEEPING

-- End of Section Table of Contents --

SECTION 01 35 26 Page 3

W912P724B0009

SECTION 01 35 26

GOVERNMENT SAFETY REQUIREMENTS (DREDGING)

11/20

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.

AMERICAN SOCIETY OF SAFETY PROFESSIONALS (ASSP))

ASSP A10.32 (2023) Fall Protection

ASSP Z359 (2020) Safety Requirements for Personal Fall Arrest Systems, Subsystems and Components

AMERICAN SOCIETY OF MECHANICAL ENGINEERS (ASME)

ASME B30.3 (2020) Tower Cranes

ASME B30.5 (2021) Mobile and Locomotive Cranes

ASME B30.8 (2020) Floating Cranes and Floating Derricks

ASME B30.22 (2023) Articulating Boom Cranes

CALIFORNIA CODE OF REGULATIONS

NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)

NFPA 10 (2022) Standard for Portable Fire Extinguishers

NFPA 241 (2022) Standard for Safeguarding Construction,Alteration, and Demolition Operations

NFPA 306 (2024) Standard for Control of Gas Hazards on Vessels

NFPA 70 (2023; AMD 1 2013; Errata 1 2013; AMD 2 2013; Errata 2 2013; AMD 3 2014; Errata 3-4 2014; AMD 4-6 2014) National Electrical Code

NFPA 70E (2024) Standard for Electrical Safety in the Workplace

NFPA 302 (202 5) Fire Protection Standard for Pleasure and Commercial Motor Craft

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U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2024) Safety and Health Requirements Manual

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

29 CFR 1910 Occupational Safety and Health Standards

29 CFR 1910.146 Permit-required Confined Spaces

29 CFR 1910.147 Control of Hazardous Energy (Lock Out/Tag Out)

29 CFR 1915 Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment

29 CFR 1919 Gear Certification

29 CFR 1926 Safety and Health Regulations for Construction

29 CFR 1926.1400 Cranes and Derricks in Construction

29 CFR 1926.16 Rules of Construction

29 CFR 1926.500 Fall Protection

CPL 2.100 (1995) Application of the Permit-Required Confined Spaces (PRCS) Standards, 29 CFR 1910.146

1.2 DEFINITIONS

a. High Visibility Accident. Any mishap which may generate publicity or high visibility.

b. Medical Treatment. Treatment administered by a physician or by registered professional personnel under the standing orders of a physician. Medical treatment does not include first aid treatment even through provided by a physician or registered personnel.

c. Recordable Injuries or Illnesses. Any work-related injury or illness that results in:

(1) Death, regardless of the time between the injury and death, or the length of the illness;

(2) Days away from work (any time lost after day of injury/illness onset);

(3) Restricted work;

(4) Transfer to another job;

(5) Medical treatment beyond first aid;

(6) Loss of consciousness; or

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(7) A significant injury or illness diagnosed by a physician or other licensed health care professional, even if it did not result in

(1) through (6) above.

d. "USACE" property and equipment specified in USACE EM 385-1-1 should be interpreted as Government property and equipment.

1.3 SUBMITTALS

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

submittals not having a "G" designation are for information only. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Proof of Qualification for Crane Operators

Accident Prevention Plan (APP) ; G

Activity Hazard Analysis (AHA) ; G

Crane Critical Lift Plan ; G

Personal Locator Beacons (Plb) And Receiver Unit; G

SD-06 Test Reports

Accident Reports

Monthly Record of Work Related Injuries, Illnesses and Exposure

Regulatory Citations and Violations

Crane Reports

Summary of Worker Compensation Claims

SD-07 Certificates

Certificate of Crane Compliance

Confined Space Entry Permit

Hot Work Permit

Tug and Scow Operator Certification

Seaworthiness Certification

Third Party Certification of Barge-Mounted Mobile Cranes

1.4 DRUG AND ALCOHOL PREVENTION PROGRAM

Conduct a proactive drug and alcohol use prevention program for all workers, prime and subcontractor, on the site. Ensure that no employee

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W912P724B0009 uses illegal drugs, in accordance with Federal law, or consumes alcohol during work hours. Pre-employment screening is mandatory in this plan.

Ensure there are no employees under the influence of drugs or alcohol during work hours and are fit for duty. During the Contract period a copy of tests, to include results of random testing, shall be submitted to the Contracting Officer or delegated representative. No personal data shall be submitted, only numbers of individuals tested and results of tests.

1.5 REGULATORY REQUIREMENTS

In addition to the detailed requirements included in the provisions of this contract, comply with the most recent addition of USACE EM 385-1-1, and the following federal and state OSHA, Coast Guard laws, ordinances, criteria, rules and regulations. Submit matters of interpretation of standards to the appropriate administrative agency for resolution before starting work. Where the requirements of this specification, applicable laws, criteria, ordinances, regulations, and referenced documents vary, the most stringent requirements govern.

1.6 SITE QUALIFICATIONS, DUTIES AND MEETINGS

1.6.1 Personnel Qualifications

1.6.1.1 Site Safety and Health Officer (SSHO)

A SSHO is required on all dredges. If multiple dredges are used a lead SSHO and Quality Control manager shall be defined as the Government's point of contact. The SSHO must meet the requirements of EM 385-1-1 section 1 and ensure that the requirements of 29 CFR 1926.16 are met for the project. Provide a Safety oversight team that includes a minimum of one (1) person at each project site to function as the Site Safety and Health Officer (SSHO). The SSHO or an equally-qualified Designated Representative/alternate shall be at the work site at all times to implement and administer the Contractor's safety program and government-accepted Accident Prevention Plan. The SSHO's training, experience, and qualifications shall be as required by EM 385-1-1 paragraph 01.A.17, entitled SITE SAFETY AND HEALTH OFFICER (SSHO), and all associated sub-paragraphs.

A Competent Person shall be provided for all of the hazards identified in the Contractor's Safety and Health Program in accordance with the accepted Accident Prevention Plan, and shall be on-site at all times when the work that presents the hazards associated with their professional expertise is being performed. Provide the credentials of the Competent Persons(s) to the Contracting Officer or delegated representative for acceptance in consultation with the Safety Office. Competent person cannot fill the role as Site Safety & Health (SSH) Officer or Alternate or Collateral Duty Safety Officer (CDSO).

1.6.1.1.1 Additional Site Safety and Health Officer (SSHO) Requirements and Duties

The SSHO may not serve as the Quality Control Manager. The SSHO may not serve as the Superintendent.

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1.6.1.2 USACE Dredging Requirements

1.6.1.2.1 SSHO Staffing for USACE Dredging Contracts

a. Dredging contracts may include several project sites; this contract will require a minimum of one full time SSHO(s) assigned per project site. SSHO may be collateral duty in specific conditions listed below.

CDSO shall have the same training, experience, and qualifications as

SSHO.

b. Example of one dredging project site is reflected in each of the following:

(1) a mechanical dredge, tug(s) and scow(s), scow route, and material placement site; or

(2) a hydraulic pipeline dredge, attendant plant, and material placement site; or,

(3) a hopper dredge (include land-based material placement site - if applicable.)

c. Individual dredging project sites with work force less than 8 employees, the SSHO may be a collateral duty, with the same responsibilities of a full time SSHO.

1.6.1.2.2 SSHO Requirements for Dredging

a. In addition to requirements stated elsewhere in this specification, the SSHO shall be present at the project site, located so they have full mobility and reasonable access to all major work operations, for at least one shift in each 24 hour period when work is being done. The SSHO, or Alternate SSHO, shall be available during all shifts for immediate verbal consultation and notification, either by phone or radio. The SSHO shall be a full-time, dedicated position, except as noted above. The SSHO shall report to a senior project (or corporate) officials.

b. The SSHO shall inspect all work areas and operations during initial set-up and at least monthly observe and provide personal oversight on each shift during dredging operations for projects with many work sites, more often for those with less work sites.

c. For projects with multiple shifts or when the SSHO is temporarily off-site, an Alternate SSHO will be assigned to ensure SSHO coverage for the project at all times work activities are conducted. The Alternate SSHO must meet the same requirements and assume the responsibilities of the project SSHO. The Alternate SSHO position may be a collateral duty.

d. If the SSHO is off-site for a period longer than 24 hours, a qualified replacement SSHO shall be provided and shall fulfill the same roles and responsibilities as the primary SSHO.

1.6.1.2.3 Designated Representative (DR) Requirements for Dredging

a. Designated Representatives (DR) are collateral duty safety officer (CDSO), with safety duties in addition to their full-time occupation, and support and supplement the SSHO efforts in managing, implementing

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W912P724B0009 and enforcing the Contractor's Safety and Health Program. DRs shall be individual(s) with work oversight responsibilities, such as masters, mates, fill foremen, and superintendents. DRs should not be positions requiring continuous mechanical or equipment operations, such as equipment operators.

b. A DR shall be appointed by the SSHO or authorized Contractor Representative for all remote work locations more than 45 minutes' travel time from the SSHO's duty location, typically including dredged material placement sites, towing and scow operations, and other operations.

c. The DRs will perform safety program tasks as designated by the SSHO and report safety findings to the SSHO/Alternate SSHO. The SSHO shall document results of safety findings and provide information for inclusion in the CQC reports to the Government Representative.

1.6.1.2.4 Safety Personnel Training Requirements for Dredging

The SSHO and Alternate SSHO for dredging contracts must take either a formal classroom or online safety and health training covering the subjects of the OSHA 30-hour Course in accordance with EM 385-1-1 Appendix A, paragraph 3.d.(3), applicable to dredging work and given by qualified instructors. Designated Representative (DR) cannot fill the role as Full-time SSHO or CDSO. In exception to EM 385-1-1, Section 01.A.17, comply with the following:

a. The SSHO must maintain competency through having taken 8 hours of formal classroom or online safety and health related coursework every year for, at minimum, the last 3 years. Hours spent as an instructor in such courses will be considered the same as attending them, but each course only gets credit once (for example, instructing a 1-hour asbestos awareness course five times in a year provides one hour credit for training).

b. The SSHO and CDSO must have a minimum of five (5) years of continuous construction industry safety experience or five (5) years of continuous general industry safety experience.

1.6.1.3 Competent Person for Confined Space Entry

Provide a "Competent Person" to supervise the entry into each confined space. That individual must meet the requirements and definition of Competent Person as contained in EM 385-1-1 .

Since this work involves marine operations that handle combustible or hazardous materials, this person shall have the ability to understand and follow through on the air sampling, PPE, and instructions of a Marine Chemist, Coast Guard authorized persons, or Certified Industrial Hygienist. All confined space and enclosed space work shall comply with NFPA 306 , 29 CFR 1915 , Subpart B, "Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment" or as applicable, 1910.147 for general industry.

1.6.1.4 Crane Operators

Meet the crane operators' requirements in USACE EM 385-1-1, Section 16.

In addition, for mobile cranes with Original Equipment Manufacturer (OEM) rated capacitates of 50,000 pounds or greater, designate crane operators

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W912P724B0009 as qualified by a source that qualifies crane operators (i.e., union, a government agency, or an organization that tests and qualifies crane operators). Provide current Proof of Qualification for Crane Operators .

Also meet the crane operator requirements of the State of California for Crane certification.

1.6.2 Personal Duties

1.6.2.1 Site Safety and Health Officer (SSHO)

The SSHO Shall:

a. Conduct daily safety and health inspections and maintain a written log which includes area/operation inspected, date of inspection, identified hazards, recommended corrective actions, estimated and actual dates of corrections. Attach safety inspection logs to the Contractors' daily production/quality control report.

b. Conduct mishap investigations and complete required reports. Maintain the OSHA Form 300 and Daily Production reports for prime and sub-contractors.

c. Maintain applicable safety reference material on the job site.

d. Attend the pre-construction conference, pre-work meetings including preparatory inspection meeting, and periodic in-progress meetings.

e Implement and enforce accepted APPS and AHAs.

f. Maintain a safety and health deficiency tracking system that monitors outstanding deficiencies until resolution. Post a list of unresolved safety and health deficiencies on the safety bulletin board.

g. Ensure sub-contractor compliance with safety and health requirements.

h. Maintain a list of hazardous chemicals on site and their safety data sheets.

Failure to perform the above duties will result in dismissal of the superintendent, QC Manager, and/or SSHO, and a project work stoppage. The project work stoppage will remain in effect pending approval of a suitable replacement.

1.6.3 Meetings

1.6.3.1 Preconstruction Conference

a. Contractor representatives who have a responsibility or significant role in accident prevention on the project shall attend the preconstruction conference. This includes the project superintendent, site safety and health officer, quality control supervisor, or any other assigned safety and health professionals who participated in the development of the APP (including the Activity Hazard Analyses (AHAs) and special plans, program and procedures associated with it).

b. Discuss the details of the submitted APP to include incorporated plans, programs, procedures and a listing of anticipated AHAs that will be developed and implemented during the performance of the contract.

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This list of proposed AHAs will be reviewed at the conference and an agreement will be reached between the Contractor and the Contracting Officer or delegated representative as to which phases will require an analysis. In addition, establish a schedule for the preparation, submittal, review, and acceptance of AHAs to preclude project delays.

c. Deficiencies in the submitted APP will be brought to the attention of the Contractor at the preconstruction conference, and the Contractor shall revise the plan to correct deficiencies and re-submit it for acceptance. Do not begin work until there is an accepted APP.

1.6.3.2 Safety Meetings

Conduct and document meetings on a daily basis and as required by EM 385-1-1. Attach minutes showing contract title, signatures of attendees and a list of topics discussed to the Contractors' Dredge Daily (CQC) report.

1.6.3.3 Work Phase Meetings

Review the appropriate AHA and document attendance at the preparatory, initial and follow-up phases of quality control inspection. The analysis should be used during daily inspections to ensure the implementation and effectiveness of safety and health controls.

1.6.3.4 New Employee Indoctrination

Inform new employees (prime and sub-contractor) of specific site hazards before they begin work. Documentation of this orientation shall be kept on file at the project site.

1.6.3.5 Periodic Training

Provide Safety and Health Training in accordance with USACE EM 385-1-1 and the accepted APP. Ensure all required training has been accomplished for all onsite employees.

1.6.3.6 Training on Activity Hazard Analysis (AHA)

Prior to beginning a new phase, provide training to all affected employees to include a review of the AHA for the work to be implemented. In this training, train employees on the AHA process, i.e., identification of hazards, assessment, control development, supervision, and follow up.

Ensure that all employees understand the risks involved in dredging operation and hazardous environments.

1.7 ACCIDENT PREVENTION PLAN (APP)

Use a qualified person to prepare the written site-specific APP. Prepare the APP in accordance with the format and requirements of USACE EM 385-1-1, 8 CCR Section 1509/8 CCR Section 3203 and as supplemented herein.

Cover all paragraph and subparagraph elements in USACE EM 385-1-1, Appendix A, "Minimum Basic Outline for Accident Prevention Plan".

Specific requirements for some of the APP elements are described below.

The APP shall be job-specific and address any unusual or unique aspects of the project or activity for which it is written. The APP shall interface with the Contractor's overall safety and health program. Include any portions of the Contractor's overall safety and health program referenced

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W912P724B0009 in the APP in the applicable APP element and made site-specific. The Government considers the Prime Contractor to be the "controlling authority" for all work site safety and health of the subcontractors.

Contractors are responsible for informing their subcontractors of the safety provisions under the terms of the contract and the penalties for noncompliance, coordinating the work to prevent one craft from interfering with or creating hazardous working conditions for other crafts, and inspecting subcontractor operations to ensure that accident prevention responsibilities are being carried out. The APP shall be signed by the person and firm (senior person) preparing the APP, the Contractor, the on-site superintendent, the designated site safety and health officer, the Contractor Quality control Manager, and any designated CSP or CIH.

Submit the APP to the Contracting Officer or delegated representative within 7 calendar days after Notice to Proceed (NTP) as part of the Project-Specific Management Plan (PSMP), See Section 35 20 23, Para. 1.2.

Work cannot proceed without an accepted APP.

Once accepted by the Contracting Officer or delegated representative, the APP and attachments will be enforced as part of the contract. Disregarding the provisions of this contract or the accepted APP will be cause for stopping of work, at the discretion of the Contracting Officer or delegated representative, until the matter has been rectified.

Once work begins, changes to the accepted APP shall be made with the knowledge and concurrence of the Contracting Officer or delegated representative, project superintendent, SSHO and quality control manager.

Should any severe hazard exposure, i.e. imminent danger, become evident, stop work in the area, secure the area, and develop a plan to remove the exposure and control the hazard. Notify the Contracting Officer or delegated representative within 24 hours of discovery. Eliminate/remove the hazard. In the interim, take all necessary action to restore and maintain safe working conditions in order to safeguard onsite personnel, visitors, the public (as defined by ASSP A10.34,) and the environment.

A paper copy of the accepted APP will be maintained at all times on each dredge. Continuously review and amend the APP, as necessary, throughout the life of the contract. Incorporate unusual or high-hazard activities not identified in the original APP as they are discovered.

1.7.1 EM 385-1-1 Contents

In addition to the requirements outlined in Appendix A of USACE EM 385-1-1 , the following is required:

a. Names and qualifications (resumes including education, training, experience and certifications) of all site safety and health personnel designated to perform work on this project to include the designated site safety and health officer and other competent and qualified personnel to be used such as CSPs, CIHs, STSs, CHSTs. Specify the duties of each position.

b. Qualifications of competent and of qualified persons. As a minimum, designate and submit qualifications of competent persons for each of the following major areas: excavation; scaffolding; fall protection;

hazardous energy; confined space; health hazard recognition, evaluation and control of chemical, physical and biological agents;

personal protective equipment and clothing to include selection, use and maintenance.

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c. Confined Space Entry Plan. Develop a confined and/or enclosed space entry plan in accordance with USACE EM 385-1-1 , applicable OSHA standards 29 CFR 1910 , 29 CFR 1915 , and 29 CFR 1926 , OSHA Directive CPL 2.100, and any other federal, state and local regulatory requirements identified in this contract. Identify the qualified person's name and qualifications, training, and experience. Delineate the qualified person's authority to direct work stoppage in the event of hazardous conditions. Include procedure for rescue by contractor personnel and the coordination with emergency responders. (If there is no confined space work, include a statement that no confined space work exists and none will be created.)

d. Crane Critical Lift Plan . Prepare and sign weight handling critical lift plans for lifts over 75 percent of the capacity of the crane or hoist (or lifts over 50 percent of the capacity of a barge mounted mobile crane's hoists) at any radius of lift; lifts involving more than one crane or hoist; lifts of personnel; and lifts involving non-routine rigging or operation, sensitive equipment, or unusual safety risks. Submit 15 calendar days prior to on-site work and include the requirements of USACE EM 385-1-1, paragraph 16.H. and the following:

(1) For lifts of personnel, demonstrate compliance with the requirements of 29 CFR 1926.1400 .

(2) For barge mounted mobile cranes, barge stability calculations identifying barge list and trim based on anticipated loading; and load charts based on calculated list and trim. The amount of list and trim shall be within the crane manufacturer's requirements.

e. Fall Protection and Prevention (FP&P) Program Documentation. The program documentation shall be site specific and address all fall hazards in the work place. Address how to protect and prevent workers from falling to lower levels when they are exposed to fall hazards above 6 feet. A qualified person for fall protection shall prepare and sign the program documentation. Include fall protection and prevention systems, equipment and methods employed for every phase of work, responsibilities, assisted rescue, self-rescue and evacuation procedures, training requirements, and monitoring methods. Revise the Fall Protection and Prevention Program documentation every six month for lengthy projects, reflecting any changes during the course of dredging due to changes in personnel, equipment, systems or work habits. Keep and maintain the accepted Fall Protection and Prevention Program documentation at the job site for the duration of the project. Include the Fall Protection and Prevention Program documentation in the APP.

The FP&P Plan shall include a Rescue and Evacuation Plan in accordance with USACE EM 385-1-1, Section 21.N. The plan shall include a detailed discussion of the following: methods of rescue; methods of self-rescue; equipment used; training requirement; specialized training for the rescuers; procedures for requesting rescue and medical assistance; and transportation routes to a medical facility.

Include the Rescue and Evacuation Plan in the Fall Protection and Prevention (FP&P) Plan, and as part of the APP.

f. Lead Compliance Plan. The safety and health aspects of lead work, prepared in accordance with EM 385-1-1.

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1.8 ACTIVITY HAZARD ANALYSIS (AHA)

1.8.1 General

a. The Activity Hazard Analysis (AHA) format shall be in accordance with EM 385-1-1. Submit the initial AHA for review within 7 calendar days after Notice to proceed as part of the Project-Specific Management Plan (PSMP), see Section 35 20 23, Para. 1.2. Submit each subsequent AHA 15 days prior to the start of each phase. Format subsequent AHAs as amendments to the APP. The analysis shall be used during daily inspections to ensure the implementation and effectiveness of the activity's safety and health controls. Develop an AHA for every operation involving a type of work presenting hazards not experienced in previous project operations or where a new work crew or subcontractor is to perform work. The analysis shall identify and evaluate hazards and outline the proposed methods and techniques for the safe completion of each phase of work. At a minimum, define activity being performed, sequence of work, specific safety and health hazards anticipated, control measures (to include personal protective equipment) to eliminate or reduce each hazard to acceptable levels, equipment to be used, inspection requirements, training requirements for all involved, and the Competent and Qualified persons in charge of that phase of work. For work with fall hazards, include fall hazards associated with scaffold erection and removal, identify the appropriate fall arrest systems. For work with materials handling equipment, address safeguarding measures related to materials handling equipment. For work requiring excavations, include requirements for safeguarding excavations. For work with commissioning, address safeguarding measures related to commissioning.

b. An activity requiring an AHA shall not proceed until the AHA has been accepted by the Contracting Officer or delegated representative and a meeting has been conducted by the Contractor to discuss its contents with everyone engaged in the activity, including on-site Government representatives. The Contractor shall document meeting attendance at the preparatory, initial, and follow-up phases of quality control inspection.

c. The AHA shall be continuously reviewed and, when appropriate, modified to address changing site conditions or operations.

d. Develop the activity hazard analyses using the project schedule as the basis for the activities performed. Any activities listed on the project schedule will require an AHA. The AHAs shall be developed by the Contractor, supplier, or subcontractor and provided to the Prime Contractor for submittal to the Contracting Officer or delegated representative.

1.8.2 Periodic AHA Review and Updating

Review the AHAs periodically (at least monthly) at the Contractor supervisory safety meeting and updated as necessary when procedures, scheduling, or hazards change. The on-site superintendent, SSHO, and Competent persons used to develop the AHAs, including updates, shall sign and date the AHAs before they are implemented.

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1.9 DISPLAY OF SAFETY INFORMATION

Within 1 calendar day(s) after commencement of work, erect a safety bulletin board at the job site. Where size, duration, or logistics of project do not facilitate a bulletin board, an alternative method, acceptable to the Contracting Officer or delegated representative, that is accessible and includes all mandatory information for employee and visitor review, shall be deemed as meeting the requirement for a bulletin board.

Include and maintain information on safety bulletin board as required by EM 385-1-1, section 01.A.07. Additional items required to be posted include:

a. Confined Space Entry Permit

b. Hot Work Permit

1.10 SITE SAFETY REFERENCE MATERIALS

Maintain safety-related references applicable to the project, including those listed in the article "References." Maintain applicable equipment manufacturer's manuals.

1.11 EMERGENCY MEDICAL TREATMENT

Contractors will arrange for their own emergency medical treatment.

Government has no responsibility to provide emergency medical treatment.

1.12 NOTIFICATIONS AND REPORTS

1.12.1 Accident Notification

Notify the Contracting Officer or delegated representative as soon as practical, but no more than four hours after any accident meeting the definition of Recordable Injuries or Illnesses or High Visibility Accidents, property…