Appendix No. 5 - SOW, IFB 23-1155.3, LR-Timber Cross Ties & Switch Ties.pdf

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION

Appendix No. 5 - Statement of Work

Solicitation No. IFB 23-1155.3

LR - Timber Cross Ties and Switch Ties

(This page has been left blank intentionally)

TOC 1

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION

PROCUREMENT OF TIMBER CROSS TIES AND SWITCH

TIES FOR MARYLAND DELAWARE RAILROAD

Solicitation IFB 23-1155.3

CONTRACT SPECIFICATIONS BOOK

TABLE OF CONTENTS

DESCRIPTION PAGE NO.

TABLE OF CONTENTS ............................................................................................. TOC 1

SPECIAL PROVISIONS

01 11 00 SUMMARY OF WORK .................................................................................. SP-1

01 33 00 SUBMITTALS ............................................................................................... SP-5

01 43 00 QUALITY ASSURANCE QUALITY CONTROL ......................................SP-15

01 61 00 PRODUCTS .................................................................................................. SP-26

34 11 33.17 TIMBER CROSS TIES AND SWITCH TIES..........................................SP-28

APPENDICES

APPENDIX A ............................................................................................................... A-1

SUMMARY OF WORK 01 11 00 - 1

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PART 1 - GENERAL

1.1 DESCRIPTION

SECTION 01 11 00

SUMMARY OF WORK

A. The work involves furnishing all labor, materials and equipment for the manufacture, treatment, fabrication, inspection and shipping of timber cross ties and switch ties.

B. Unloading, stacking and proper storing of timber cross ties and switch ties will be performed by the Administration.

C. Related Sections:

1. SECTION 01 33 00 - Submittals.

2. SECTION 01 43 00 - Quality Assurance and Quality Control.

1.2 GENERAL

A. Perform the work conforming to all applicable State and Local regulations.

B. Whenever reference is made to Administration, it means the Maryland

Transit Administration (MTA).

C. Whenever reference is made to Engineer, it means the MTA representative for the contract.

D. Make submittals in accordance with SECTION 01 33 00 - Submittals.

1.3 CONTRACT DOCUMENTS:

A. Perform the work in accordance with the following documents:

1. Invitation for Bids, including attachments.

2. The General Provisions for Construction Contracts dated October

2001, issued by the Maryland Department of Transportation; and the

Supplemental General Provisions issued by the MTA; both contained in the Contract Specifications Book.

3. The Special Provisions, Divisions 01 through 49; the Notice to

Contractors; the List of Contract Drawings; and the various forms and exhibits; all contained in the Contract Specifications Book.

1.4 CONTRACT DESCRIPTION:

A. This Contract is for the procurement of timber cross ties and switch ties for installation by The Maryland Delaware Railroad Company (MDDE) on the Eastern Shore of Maryland.

SUMMARY OF WORK 01 11 00 - 5

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1.5 COMPLETION TIME AND OTHER SCHEDULE REQUIREMENTS:

A. Completion of Work includes all work specified and shown in the

Contract Documents.

B. Pursuant to General Provisions Article 9(b), commence work on the date specified in the PO (NTP) and complete the specified portions of the work in accordance with the Delivery Schedule below.

C. In the event that the NTP Date is delayed, each Contract Delivery due date and the Contract completion date will be extended by the number of days that the

NTP Date is extended.

D. Other schedule requirements are given in Section 01 33 00 Submittals.

1.6 DELIVERY SCHEDULE:

A. The earliest date that Contract materials may be delivered shall be 15 calendar days after PO.

B. Deliver all timber cross ties listed in Table 1 of Section 34 11 33.17 to

Massey within 30 calendar days of PO.

C. Deliver all timber cross ties and switch ties listed in Table 2 of Section 34 11

33.17 to Federalsburg within forty-five (45) calendar days of PO.

D. All work shall be completed within sixty (60) calendar days of receipt the purchase order (PO).

E. Deliveries to Massey and Federalsburg may not be on the same day. Deliveries to these two locations shall be made no less than 7 calendar days apart unless approved in writing by the Administration. Deliveries may not be made on

Saturday and Sunday.

1.7 DELIVERY, STORAGE AND HANDLING:

A. Notify the Administration at least fourteen (14) days before scheduled delivery(s) and provide a copy of all insurance certifications as provided by

Appendix A for shipping of Contract materials to Massey and Federalsburg, Maryland.

B. All ties shall be delivered to the respective storage site by truck. Deliveries will not be accepted by rail.

C. Deliver Contract materials shown in Table 1 of Section 34 11 33.17 to:

Massey Maintenance Facility

32930 Maryland Line Road

Massey, MD 21650

Contact: John Thomas, (410) 865-1332

D. Deliver Contract materials shown in Table 2 of Section 34 11 33.17 to:

Federalsburg Yard

106 Railroad Avenue

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Federalsburg, MD 21632

Contact: John Thomas, (410) 865-1332

E. Package, deliver, store, and handle ties as specified in Section 34 11 33.17.

F. Contract materials shall be handled and shipped with special care to avoid damage. Damaged Contract materials noted during final inspection shall be replaced in accordance with the schedule specified in

Article 1.04, to avoid any delays in the scheduled installations of these materials by others. Replacement of Contract materials shall be completed and delivered to the Administration in accordance with the

Delivery Schedule specified in Article1.04.

1.8 CONTRACTOR REPRESENTATIVES:

A. In exercising the specific authority granted to him under other provisions of the Contract and in any case not covered by such specific authority, the

Engineer shall have authority to decide all questions as to interpretation and fulfillment of Contract requirements, quality, quantity and acceptability of Work. The Engineer may implement and enforce those decisions by orders, instructions, notices, and other appropriate means.

B. The Contractor will be advised in writing of the delegations of authority by the Administration to its representatives, and the Contractor will be notified subsequently in writing of any changes in such delegations.

C. Any oral decisions, orders, instructions, or notice of the Engineer will be confirmed in writing.

D. The Engineer will have access to the work wherever it is being manufactured or in progress, at all times. Provide all facilities for safe access to enable the

Engineer to perform his functions and responsibilities under the Contract documents as well as access for authorized representatives of the

Administration and the United States Government for the purpose of inspecting the work.

1.9 CONTRACTOR REPRESENTATIVES:

A. Designate in Writing within five (5) days after receiving the PO the name, official mailing address and telephone number of the

Contractor's representative having complete authority to represent and to act for the Contractor.

1.10 FINAL INSPECTION AND ACCEPTANCE:

A. Articles 31 and 33 of the General Provisions are augmented by the following:

B. Upon due notice from the Contractor of completion of delivery of pay item materials to the Administration, the Engineer will make an inspection and if at such inspection all work provided for and contemplated by the Contract is found completed in accordance with the

Contract requirements, such inspection shall constitute the final

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inspection. After the final inspection, the Engineer will notify the

Contractor of acceptance in writing.

1.11 PASSING OF TITLE AND RISK OF LOSS:

A. Title to and risk of loss or damage with respect to all goods, supplies, materials, equipment, components and systems to be delivered or furnished to the Administration under the provisions of this Contract shall remain with the Contractor until written acceptance by the Engineer at the

Administration storage sites which are specified in Section 06136, Article

1.05.B. Title and risk of loss or damage shall pass to the Administration upon acceptance by the Engineer in writing. Any items not accepted are the responsibility of the Contractor unless the Administration assumes responsibility by mutual agreement between the Administration and the

Contractor.

1.12 WARRANTY OF WORK:

A. Reference Article 29b of the General Provisions, delete the second sentence and substitute the following:

B. Any item or material delivered under this Contract found to be defective within two years from the date of acceptance shall be repaired, remedied or replaced, hereinafter called "corrective work", by the

Contractor, free of all charges including transportation, removal of defective material, and track adjustment/installation with new material.

1.13 HAULING PERMITS:

A. Secure all necessary permits for hauling on Local, City, State and

County roads. Refer to the laws for Town, City, State and County pertaining to speed, size and weight of motor vehicles. Bidders are encouraged to contact jurisdictional agencies prior to submitting bids in order to determine permit requirements and any restrictions and limitations for hauling oversize or overweight materials on public thoroughfares.

PART 2 - PRODUCTS

NOT USED

PART 3 - EXECUTION

PART 4 - MEASUREMENT AND PAYMENT

4.1 SUMMARY OF WORK:

A. Summary of Work will not be measured for payment.

B. Summary of Work will not be paid for directly but will be considered incidental to the appropriate work item.

END OF SECTION

SUBMITTALS 01 33 00 - 1

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SECTION 0133 00

SUBMITTALS

1.1 DESCRIPTION:

A. This Section specifies the general requirements and procedures for preparing and transmitting data to the Engineer for informational purposes or for approval. Other requirements for submittals may be specified under applicable sections of these Specifications. This Section includes:

1. Progress Schedule

2. Contractor's Drawings

3. Product Data

4. Sources of Supply and Samples

5. Manufacturers' Instructions

6. Manufacturers' Certificates

B. Related Work Specified Elsewhere:

1. Section 01 43 00 - Quality Assurance and Quality Control

1.2 PROGRESS SCHEDULE:

A. General:

1. The Contractor shall prepare and maintain a progress schedule that shall be the Contractor's working schedule and shall be used to plan, organize and execute the work; record and report actual performance and progress; and forecast remaining work.

2. Schedule work such that any specified intermediate milestone(s) and completion dates are met as specified in these Special Provisions.

3. The initial baseline schedule submittal shall reflect zero status, ad-dressing the Contract work as viewed from PO looking forward in time.

B. Progress schedule:

1. Submit to the Engineer within fourteen (14) days after PO for approval.

2. Provide sufficient detail and clarity of form and technique so that the

Contractor can properly control the contract work and the Engineer can readily monitor and follow progress of the Contract work. The schedule shall reflect on the time completion of all contractually

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specified intermediate milestone(s) and completion dates. The degree of detail shall be to the satisfaction of the Engineer. As a minimum the following factors shall have a bearing on the required depth of detail:

a. The types of work to be performed.

b. Procurement, fabrication, delivery, installation and test activities for major systems and equipment.

c. Submittal and approval of contractually required drawing, sketches, calculations, etc.

d. (Not used)

e. Clearly depict the order and interdependencies of planned activities, including the activities of others which affect planning.

f. Show the intended time for starting and completing each activity.

g. Show the intended duration for each activity.

h. Clearly and prominently identify specified intermediate milestone(s) and completion dates.

i. All bar chart schedules shall have horizontal and vertical grid lines.

3. Required Submittals:

a. Five (5) copies of the Progress Schedule, reflecting Contract milestone(s) and Contract completion dates. If the submitted

Progress Schedule is larger than 11 inches x 17 inches in size, a reproducible copy must also be submitted.

b. Five (5) copies of a narrative containing supplementary in-formation describing the fabrication methods and any re-source restraints to enable the Engineer to evaluate the schedule for its usefulness as a valid and workable project control tool. Includes an explanation of any schedule restraints that were incorporated.

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C. Administration's Review and Approval:

After submission of the complete schedule submittal, participate in a telephone conference call with the Engineer to appraise and evaluate the proposed schedule. Make any revisions necessary as a result of this review and resubmit the complete revised schedule submittal within three (3) business days after the conference.

1. When the Progress Schedule and Narrative documentation satisfy the Specification requirements and completion dates, the Engineer will approve the Contractor's submittal.

D. Monthly Progress Schedule Updates:

1. By the seventh of each month, submit to the Engineer, for approval, five (5) copies each of:

a. Updated Progress Schedule: If the submitted update of the

Progress Schedule is larger than 11 inches x 17 inches in size, a reproducible shall be submitted.

b. Narrative, covering as a minimum:

i. A description of physical progress during the report period.

ii. Problem areas, current and anticipated.

iii. Delays incurred during the report period and explanation of same.

iv. Delaying factor, their impact and an explanation of the corrective actions taken or proposed to mitigate those delays.

v. Changes in activity duration including an explanation.

vi. Listing with explanation of added activities.

vii. Listing with explanation of deleted activities.

viii. Listing with explanation of changes in interdependencies.

ix. Plans for forthcoming report period.

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2. Submit, for approval, a revised Progress Schedule and Narrative documentation data when one or more of the following conditions occur:

a. When a change or delay significantly affects any specified intermediate milestone date, the completion date or the sequence of activities.

b. When the Contractor elects to change a sequence of activities affecting any critical path or to significantly change the previously approved schedule submitted.

c. When, in the opinion of the Engineer, the status of work is such that the Progress Schedule and Narrative documentation is no longer representative for planning, executing and evaluating the work.

E. Change Orders, Delays and Time Extensions: Article 43 (GP-15) and Article

48 (GP-17) of the General Provisions are augmented by the following requirements:

1. When proposed changes are initiated or delays are experienced, submit to the Engineer in writing:

a. A Time Impact Analysis illustrating the influence of each change or delay on any specified intermediate milestone date or completion date. The Time Impact Analysis is to include, as a minimum, what critical path activities are affected on what specific workdays and why for each activity for each workday. Also, if the claim is for more than one Contract milestone, the time impact Analysis is to address each Con-tract milestone individually.

b. A proposal demonstrating how the Contractor plans to incorporate the change or delay into the current Progress

Schedule with minimal impact to milestone completion dates. Justification of the plan shall be based on revised activity logic and/or durations in addition to such other supporting evidence, as the Engineer deems necessary.

c. Submit five (5) copies of each Time Impact Analysis and schedule Revision Proposal within 30 days after the delay occurs or notice of direction is given to the Contractor.

2. The Engineer will, within a reasonable time after receipt of the Con-tractor's Time Impact Analysis and Schedule Revision Proposal, re-view the submittal and advise the Contractor in writing thereof.

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Upon agreement by both parties the appropriate revisions shall be incorporated into the Progress Schedule at the next monthly update.

3. It is understood and agreed that the schedule float time is not for the exclusive use of either the Administration or the Contractor.

Extensions of time for performance under any and all of the provisions of this Contract will be granted only to the extent the equitable time adjustment for activities affected exceed the total float along the paths involved.

F. Where the Engineer has not yet made a final determination, or the parties are unable to agree on the schedule revisions or time extensions, if any, the

Contractor shall incorporate such revisions as the Engineer may determine to be appropriate for such interim purposes. It is understood and agreed that any such interim determination for the purpose of this paragraph shall not be binding on either party for any other purpose and that, after the Engineer has made a final determination the Contractor shall revise the Progress

Schedule in accordance with the final decision.

1.3 CONTRACTOR'S DRAWINGS:

A. General:

1. The Specifications describe the general arrangement and such de-tails as are necessary to provide a comprehensive description of the work to be performed.

2. The Contractor shall prepare such Shop Drawings as are necessary to adequately perform the work.

3. All Shop Drawings shall be on sheets measuring 11 inches by 17 inches. Each drawing shall have a blank area 3 inches wide by 4 1/4 inches high adjacent to the title block to provide space for the

Engineer review stamp. The title block shall display the following:

a. Contract Number and Name

b. Number and Title of the Drawing

c. Date of Drawing or revision

d. Name of Contractor and Subcontractor submitting drawing

e. Clear identification of contents and location of work

4. (Not used)

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5. A Contractor's transmittal letter shall accompany each submittal.

The Contractor's transmittal letter and submittal shall be consecutively numbered and shall clearly and completely describe any variation from the contract requirements.

6. A sequential number shall be shown on each Shop Drawing submission. Re-submittals shall be followed by a revision letter (A, B, C, etc.) and handled in the same manner as first submitted.

7. Submittals not conforming to the requirements of this specification shall be summarily rejected.

8. Review and Acceptance will not relieve the Contractor from his responsibility for accuracy of submittals, for conformity of submittals to requirements of Contract Drawings and Specifications, for compatibility of the described product with contiguous products and the rest of the system, or for protection and completion of the

Contract in accordance with the Contract Drawings and

Specifications.

9. The Engineer's review, correction and acceptance of submittals will not relieve the Contractor of responsibility for errors and omissions in submittals and associated calculations.

10. The Contractor's liability to the Administration, in case of deviations in the submittals from requirements of the Contract Document, is not relieved by the Engineer's review and acceptance of submittals containing deviations unless the Administration expressly approves the deviation through the issuance of a change notice.

11. Catalog cuts shall highlight the actual equipment/component pro-posed to be used. Generic catalog cuts will not be accepted.

12. If the material/equipment /components proposed to be used do not conform to the stipulated standards, the Contractor shall submit the copies of the conforming standards highlighting the deviations from the stipulated standards. The impact of the derivations on cost and performance shall be brought out in the related submittal and the deviation request.

13. Schedule submittals to expedite the Project and deliver to Engineer.

Coordinate submission of related items.

14. All submittals from Subcontractors shall be reviewed and approved by the Contractor prior to submittal to the Engineer. The

Contractor's review and approval shall certify that the submitted product has

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been reviewed by the Contractor and that based on this review, it conforms to the contract requirements.

B. Shop Drawings:

1. Submit one (1) reproducible and five (5) legible copies plus the number of copies required by the Contractor of all Shop Drawings and required specifications to the Engineer for approval. These drawings shall be complete and detailed. Shop Drawings shall consist of fabrication, erection and setting drawings, schedule drawings, manufacturer's scale drawings, wiring and control drawings, cuts from entire catalogs, pamphlets, descriptive literature, and performance and test data.

2. Check and coordinate drawings and schedules with the work of all trades involved before they are submitted for the approval of the

Engineer. Each drawing shall bear the Contractor's stamp of approval as evidence of such checking and coordination. Drawing schedules submitted without this stamp of approval may be returned to the Contractor for resubmittal.

3. Submit all drawings and schedules sufficiently in advance of construction requirements to permit no less than twenty-one (21) days for review and appropriate action by the Engineer.

4. The approval of drawings and schedules shall be general, but approval will not be construed:

a. As permitting any departure from the Contract requirements.

b. As relieving the Contractor of the responsibility for any errors, including details, dimensions, and materials.

c. As approving departures from details furnished by the Engineer, except as otherwise provided herein.

d. As a PO on a change to the Contract that would result in additional time or cost to the Contractor.

5. If drawings show variations from the Contract requirements because of standard shop practice or for other reasons, describe such variations in the letter of transmittal. If applicable, the Engineer may ap- prove any or all such variations, subject to a proper adjustment in the

Contract. If the Contractor fails to describe such variations he shall not be relieved of the responsibility for executing the work in

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accordance with the Contract, even though such drawings have been approved.

6. If the drawings or schedules as submitted describe variations in accordance with Article 1.03.B.5 herein and show a departure from the

Contract requirements, which the Engineer finds to be in the interest of the Administration and to be so minor as not to involve a change in the Contract price or time performance, the Engineer may ap- prove the drawings.

7. If approved, or approved as noted, by the Engineer, each copy of the drawing will be identified as having received such approval by being so stamped "Approved" or "Approved As Noted" and dated.

8. Drawings stamped "Not Approved" and with the required corrections shown will be returned to the Contractor for correction and resubmittal. Resubmittals will be handled in the same manner as first submittals. On resubmittals the Contractor shall direct the specific attention, in writing or on resubmitted drawings, to revisions other than the corrections requested by the Engineer on previous submittals.

9. The Contractor shall make any corrections required by the Engineer.

If the Contractor considers any correction indicated on the drawing to constitute a change of the Contract requirements, notice as re- quired under the Section of the General Provisions entitled Changes shall be given to the Engineer.

10. (Not used.)

11. When Shop Drawings have been completed to the satisfaction of the

Engineer, the Contractor shall carry out the construction in accordance therewith and shall make no further changes except upon writ- ten instructions from the Engineer.

12. Submittals which are "Approved as Noted" shall be resubmitted after compliance to the comments relating to the subjective approval. The Contractor shall supply the Engineer with the number of drawings requested in Article 1.03.B.1.

13. The Contractor shall be responsible for and bear all cost of damages which may result from the ordering of any material or from proceeding with any part of the work prior to the approval by the Engineer of the necessary Shop drawings.

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1.4 PRODUCT DATA:

A. Submit the number of copies as required in above.

B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project.

1.5 SOURCE OF SUPPLY AND SAMPLES:

A. As soon as practicable after PO, furnish for approval of the Engineer the proposed source of supply of materials to be utilized in the project and the samples required by the Specifications or requested by the Engineer.

Unless otherwise indicated, submit not less than two identical samples of each type required. Pre-pay all shipping charges on samples. Materials or equipment for which samples are required shall not be used in the work until approved in writing by the Engineer.

B. Label each sample indicating:

1. Name of Contract and Contract Number.

2. Name of Contractor and subcontractor.

3. Material or equipment represented.

4. Source.

5. Name of producer and brand; include model number, style, color name, etc. if applicable.

6. Specification Section, article and paragraph number.

7. Location in project.

C. Samples of finished materials shall have additional markings that will identify them under the finish schedules. Submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for the Engineer's selection. Submit custom samples of finishes where indicated in the Contract Documents for the Engineer's approval.

D. Mail under separate cover letter in triplicate submitting each shipment of samples and containing information required herein. Enclose a copy of this letter with the shipment and send a copy of this letter to the

Engineer.

E. Approval of a sample shall be only for characteristics or use named in such approval and shall not be construed to change or modify any

Contract requirements.

F. Certain samples may be tested by the ADMINISTRATION as specified. Approved samples not destroyed in testing will be retained by the Engineer. Materials and equipment incorporated in the work shall match approved samples. Samples not destroyed in testing and not approved will be returned to the Contractor at his expense, if so requested at time of submission.

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G. Failure of any material to pass specified tests will be sufficient cause for refusal to consider, under the Contract, any further samples of the same brand and make of that material. The ADMINISTRATION reserves the right to disapprove any material or equipment which previously has proved unsatisfactory in service.

H. Samples of various material or equipment delivered on the site or in place may be taken by the Engineer for testing. Samples failing to meet Contract requirements will automatically void previous approvals of items tested.

I. When tests are required, only one test of each sample proposed for use will be made at the expense of the ADMINISTRATION. Samples, which do not meet Specification requirements, will be rejected. Retesting of additional samples will be made by the ADMINISTRATION at the expense of the Contractor.

1.6 MANUFACTURERS' INSTRUCTIONS:

A. When specified in individual Specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for

Product Data.

B. Identify conflicts between manufacturers' instructions and Contract

Documents.

1.7 MANUFACTURERS' CERTIFICATES:

A. When specified in individual Specification Sections, submit manufacturers' certificate to Engineer for review, in quantities specified for Product Data.

B. Indicate material or Product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate.

C. Certificates may be recent or previous test results on Material or Product but must be acceptable to the Engineer.

PART 2 - PRODUCTS

PART 4- MEASUREMENT AND PAYMENT

4.1 SUBMITTALS:

A. The work required under this Section will not be measured for payment.

B. All costs in connection herewith will not be paid for directly but will be considered incidental to the item of work to which they pertain.

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SECTION 01 43 00

QUALITY ASSURANCE AND QUALITY CONTROL

DESCRIPTION:

A. This Section specifies the Quality Assurance/Quality Control (QA/QC) requirements for the work performed under this Contract. These requirements encompass all actions involving selection of material sources and suppliers, inspection and testing of materials and samples, work placement procedures, workmanship, equipment calibration, use of

Certificates of Compliance, implementation of procedures for audit, surveillance and corrective action, inspection, testing and commissioning.

Additional QA/QC requirements are specified in individual sections of

Special Provisions and Technical Provisions of the Contract

Specifications.

B. Related Work Specified Elsewhere, but not limited to, the following:

1. Section 01 11 00 - Summary of Work

2. Section 01 33 00 - Submittals

3. Section 01 61 00 - Products

QUALITY ASSURANCE/QUALITY CONTROL PLAN:

A. Provide and maintain a Contract Quality Control Plan (CQC Plan) for all work performed under the Contract. This requirement is independent of any acceptance inspection and testing performed by the Engineer or its testing agencies.

1. The CQC Plan must conform to the requirements of this Section and be designed and administered to assure that the Contractor's work, including work performed by the Contractor's suppliers and subcontractors, will be in full compliance with the latest version of applicable codes, special provisions, technical specifications and

Contract Drawings under the Contract with respect to materials, workmanship, construction, installation, finish, functional performance, testing, commissioning and identification.

B. Within 15 calendar days after the issuance of the NTP, submit a Detailed

CQC Plan to the Engineer for approval. The detailed plan shall cover all work to be performed under the Contract.

1. The progress payments due to the Contractor may be withheld if the

Contractor fails to submit a conforming CQC Plan as scheduled herein.

C. With the CQC Plan submission, identify and designate a qualified individual (CQC Plan Manager) who is responsible for overall development and administration of the CQC Plan and submit the CQC

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Plan Manager's estimable qualifications to the Engineer for approval. The

CQC Plan Manager must report directly to an executive officer of the

Contractor's company and must have the necessary authority to discharge his/her responsibilities, independently of the Contractor's project management staff. The CQC Plan Manager shall visit the project site on regular basis to assure proper administration of the CQC Plan.

D. The Contractor's CQC Plan must include as a minimum the following:

1. An organization chart showing the Contractor's corporate organization that is involved with this procurement.

2. The Contractor's organization chart including a quality control organization showing the proposed CQC Plan Manager and CQC

Staff.

3. Authority, duties and responsibilities of quality control personnel.

Provide a copy of the letter(s) of direction to the CQC Plan Manager and other CQC Staff members, which define their duties, responsibilities, and delegated authorities to the Engineer.

4. Operational procedures for accomplishing and reviewing work, supervision, inspection, tests, certifications, documentation of

QA/QC activities, for all work under the Contract.

5. A detailed schedule/matrix of control testing and inspection keyed to the individual Special Provisions and Technical Provisions of the

Contract and covering each item of the work. The Engineer will review and approve the format of the test matrix. The test and inspection schedule shall cover all work to be performed under the

Contract, including fabrication.

6. Inspection and test records shall include, but not be limited to, the factual evidence that tests have been made, the applicable type and number of tests, the dates and results of the tests, nature and number of observations made, the number and type of deficiencies found and proposed corrective actions to be taken. These records must provide identification and signature of the individual in charge of the inspection, test, or other QA/QC activity. These records shall be certified by the CQC Plan Manager and include, as a minimum, the results of:

a. Inspections, observations, conclusions, and recommendations.

b. Testing with reference to set-up conditions, observations and concerns.

c. Fabrication procedures and controls.

d. Identity of the Personnel present and their certification.

e. Discrepant material details (including disposition records).

7. Legible copies of these records must be submitted to the Engineer.

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8. A minimum of three phases of inspection shall be performed by the

CQC Plan Staff for all definable items. The CQC Plan Manager or

CQC Plan Staff shall:

a. Perform preparatory inspections prior to commencing each item of work, including a review of Contract requirements and

CQC Plan test and inspection schedule mentioned previously.

Preparatory inspections include a physical examination of materials and equipment to ensure that they conform to approved shop and working drawings and/or submittal data and are in required quantities to proceed with the work.

b. Perform initial inspections as soon as a representative portion of the work has been accomplished. Initial inspections verify compliance with Contract requirements and approved shop and working drawings, establish acceptable levels of quality and workmanship, review quality control testing and confirm that defective, damaged or unapproved materials are not incorporated into the work.

c. Perform follow-up inspections regularly to ensure continued compliance with the Contract requirements and established levels of quality and workmanship.

d. Notify the Engineer at least 48 hours in advance of each preparatory and initial phase inspection. Ensure that all phases of inspection are made a matter of record in the CQC Plan documentation.

9. The CQC Plan must provide well-defined procedures and forms to include, but not be limited to the following:

a. Identifying and evaluating quality-related problems.

b. Recommending solutions to quality-related problems and verifying that those problems are resolved.

c. Controlling further fabrication, delivery, or installation of nonconforming or deficient item(s) until disposition instructions have been obtained.

d. Conducting quality inspections, surveillance and compliance audits of suppliers, and manufacturers on a scheduled and unscheduled basis.

10. The CQC Plan must also provide written procedures to include, but not be limited to:

a. Control of manufacturers, and suppliers.

b. Production and process quality control.

c. Discrepant and nonconforming material control.

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d. Functional testing.

e. Calibration and certification of measuring and test equipment.

f. Shipping and receiving inspection of materials.

11. Approval of the Contractor's CQC Plan does not relieve the

Contractor of its responsibility to comply with the Contract requirements. Revise and update the CQC Plan as directed by the

Engineer. No additional cost or time extensions will be allowed for the Contractor's re-submission of rejected CQC Plans or for revising or updating of the CQC Plan during the course of the Contract, as directed by the Engineer.

SOURCE OF MATERIALS:

A. The Contractor shall notify the Engineer in writing of sources from which it is proposed to obtain material requiring approval, certification, or testing indicating details and characteristics.

B. Make notification as soon as possible after the NTP for the Contract and at-least 30 days prior to the intended usage date of that material.

CALIBRATION AND CERTIFICATION:

A. Include in the CQC Plan the procedures to provide and maintain gauges, measuring devices and test equipment necessary to assure that the article conforms to Contract requirements. Calibrate these devices in accordance with national standards and certifications. Maintain current calibration certificates submit them to the Engineer. Isolate, tag, or mark equipment exceeding its required re-calibration date or that becomes damaged or otherwise unreliable, to prevent its use without written permission of the

Engineer.

MANUFACTURING CONTROL:

A. Include in the CQC Plan methods for ensuring that all machining, wiring, shaping, and other basic processing, fabrication and production operations of any type are accomplished under controlled conditions, including documented work instructions, certified personnel, adequate production equipment, and special working environments.

INSPECTION AND TEST STATUS:

A. Include in the CQC Plan methods for ensuring that all required inspections and tests are performed and that the status of each work product, material item's inspections and tests are known. Identify nonconforming work product and material items by physical segregation and status indicators such as tags, markings, serialization, stamps, and/or inspection records.

Use the identification system to ensure that only those work items that have passed inspection are used, shipped, or installed. Remove nonconforming work products and material items from the project site and storage areas as soon as possible.

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B. Only accept work products, materials, and equipment manufactured or assembled under this Contract for use or released for shipment, as appropriate, after the following conditions have been met.

1. After inspection and release by the Engineer and certification by the

Contractor that the work product or material item is complete and in compliance with the Contract.

2. Upon request for acceptance or a release for shipment submitted by the Contractor and supported by a satisfactory inspection report or certification of compliance accompanied by certified copies of test data. The certificate of compliance must clearly identify the work product or material item covered by the certificate and also contain the test date and the name and address of the organization performing the require tests, as applicable.

C. Ensure that supplies, services, materials, and products procured from suppliers and subcontractors conform to the Contract requirements and the

CQC Plan. Inspect supplies, materials, services, and products upon receipt.

NONCONFORMING ITEMS:

A. The CQC Plan Manager shall take prompt action to correct conditions that have resulted or may result in nonconforming materials, parts, components, installations, or functions and operations. The CQC Plan

Manager shall document the nonconforming work and efforts to correct the deficiencies and prevent nonconformance occurring during the remaining duration of the Contract. Include in the CQC Plan provisions for:

1. Maintaining an effective and positive system for controlling nonconforming work product and material item(s) including procedures for identification, segregation, removal and disposition.

Document the corrective actions and submit to the Engineer for approval.

2. Ensuring that all nonconforming items(s) are positively identified to prevent unauthorized use, shipment, or intermingling with conforming items. Disposition for the use or repair of nonconforming items requires the Engineer's approval.

B. If the Contractor's work does not conform to the requirements of the

Contract, the Engineer may issue a "Corrective Action" or

"Nonconformance Report" to the Contractor. The Contractor must correct all deficiencies or otherwise respond to the report within seven (7) calendar days of issuance of the report by the Engineer. The Contractor shall not build or conceal any feature of the work containing uncorrected defects. The Engineer may withhold monies due to the Contractor until the deficiencies are corrected or nonconformance issues resolved to the satisfaction of the Engineer.

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C. If the Engineer determines that the CQC Plan or its administration are deficient in identification and correction of nonconforming work, the

Engineer will issue a "CQC Plan Deficiency Notice" identifying the specific deficiencies and required corrective actions. The Engineer's corrective actions may include modification of the CQC Plan, replacement of the existing CQC Plan Staff, or supplementing of the CQC Plan Staff, all at no additional time and cost to the MTA. The Contractor shall correct each deficiency as directed in writing by the Engineer. The Engineer may withhold monies due to the Contractor until the deficiencies are corrected.

HANDLING AND STORAGE:

A. The Contractor shall ensure that the CQC Plan provides proper instructions that must be followed for handling, storage, preservation, packaging, and shipping to protect the quality of products and to prevent damage, loss, deterioration, degradation, or substitution of products.

Provide means for all necessary protection against deterioration or damage to products in storage and handling.

UNACCEPTABLE WORK PRODUCTS AND MATERIAL ITEMS:

A. Work products or materials represented by installations or samples taken and tested in accordance with the specified test and failing to meet required values shall be considered to be defective regardless of prior tests or approvals.

B. Unless otherwise allowed by the Engineer, as set forth below, remove defective work products or material items from the site as specified in the

General Provisions for condemned material and with any tags, stamps, or other markings implying conformance with the Contract removed or obliterated.

C. Where defects can be corrected, the Contractor may propose corrective action in accordance with the manufacturer's recommendation or by other means as is deemed appropriate by the Engineer. The Engineer may approve the corrective action but does not assume responsibility for the success thereof. Re-inspect and re-test to determine acceptability of the material after corrective measures have been taken.

D. Assume the responsibility for the cost of replacing, correcting, or removal of defective work products or material items and of re-installation and re- testing replacement work products or materials.

E. Assume the responsibility for the cost of repairing or replacing other work products or materials damaged by the installation, correction, or removal of defective materials.

ACCEPTANCE TESTING:

A. Acceptance testing is the testing of materials prior to their use in the work and any testing deemed necessary by the Engineer for acceptance of the completed work. The Contractor will perform acceptance testing of

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materials and workmanship at the direction of the Engineer, in accordance with the Contract. The Engineer reserves the right to request additional testing to determine conformance with the Contract requirements.

B. Acceptance testing is not to be considered as a replacement for control testing conducted by the Contractor or manufacturer producing materials for the Contractor. Acceptance testing will be at the expense of the Contractor.

QUALITY CONTROL TESTING:

A. Quality control testing is the testing of specific work product or materials during placement, as specified in the various sections of the

Specifications to ensure compliance with the Contract. The Contractor shall assume full responsibility for quality control testing and give sufficient notice to allow the Engineer to witness the tests. The quality control testing is at the expense of the Contractor and must be performed by a certified independent testing laboratory that has been approved by the Engineer.

B. The Contractor shall submit the name, address, and qualifications, and scope of proposed services of the proposed testing firm or individual to the Engineer for approval at least 30 days prior to the scheduled commencement of work involving such testing. Include in the scope of services a list of Specification sections to be tested by the proposed firm or individual, keyed to the Test Matrix required in the CQC Plan specified previously. Should the Contractor desire to use more than one firm for control testing, submit the required information for each proposed firm as specified herein. Approved firms and individuals will be considered part of the CQC Plan Staff.

C. The Contractor shall furnish all accessories and tools necessary to prepare and preserve the test samples as prescribed and delivering them to the approved testing laboratory.

D. The Contractor shall perform quality control testing and furnish equipment, instruments, qualified personnel and facilities necessary to perform tests required by the Contract. Tests performed, and test results for each day shall be recorded in a daily report. These records shall remain complete and available to the Engineer during the performance of the Contract and for a three-year period thereafter. Test records shall indicate the reference test, nature and number of observations made, and the number and type of deficiencies found.

E. Field Tests and frequencies for civil construction work shall be in accordance with Maryland Department of Transportation (MDOT), Method of Tests, Volume 1 (Field Procedure) unless otherwise directed by this Specification.

F. During the installation and testing phases of the work, a representative of the CQC Staff shall be present on site to oversee and monitor the CQC

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Plan activities and verify that the installation and test activities are compliant with the requirements of this Specification Section.

TEST REPORTS:

G. Within five days after completion of testing performed by or for the

Contractor, submit 5 copies of certified test results to the Engineer.

Indicate test reports required to be submitted pursuant to Network analysis, if applicable and specified under Section 01 33 00. Identify test reports with the information specified for Samples in Section 01 33 00 and additionally, the name and address of the organization performing the test, and the date of the tests.

H. The CQC Plan Manager shall submit on monthly basis, a record of all

Control testing, Quality Assurance and Quality Control reports along with test results approved in the format described in this Section. Use this report to confirm and verify that the quantities in place for the completed work, for which the Contractor requests payment, have been adequately tested.

CONTRACT MONITORING:

A. The CQC Plan shall provide a schedule of planned and periodic

Contractor internal audits to monitor and verify compliance with all aspects of the CQC Plan. Qualified personnel not having direct responsibilities in the areas audited shall perform the audits. The CQC

Plan shall also provide a schedule of audits to be conducted by the CQC

Plan Manager for the work performed by the subcontractors, manufacturers, and suppliers. The Engineer will review the audit findings and determine the follow up action, including re-audit of deficient areas, if necessary. Submit 5 copies of the audit reports and follow up action reports to the Engineer for review and approval no later than 15 days after the audit.

B. The Engineer has the right to monitor the methods and procedures used for production or QA/QC testing and shall be provided with access to all areas in which work for this Contract is being performed at no additional cost to

MTA. Furnish all reasonable means, including Shop Drawings, Working

Drawings, test data, etc., to enable the Engineer to ascertain that materials and workmanship comply with the Contract. The Engineer may perform periodic quality audits during the performance of the Contract. The

Contractor shall take prompt corrective actions for items identified as not conforming to procedures approved under Contract terms.

CERTIFICATES OF COMPLIANCE:

A. The Contractor may use certificates of compliance for certain materials and products in lieu of the specified sampling and testing procedures.

Submit in duplicate certificates required to demonstrate proof of compliance of materials with Contract requirements with each lot of material delivered to the work site at least 60 days prior to the usage of the

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material. Clearly identify the certified lot. Certificates shall be signed by an authorized representative of the producer or manufacturer and state that the material complies with the Contract requirements. The Network

Analysis specified in Section 01 33 00, shall indicate the date scheduled for the submittal of certificates. In the case of multiple shipments, each of which is to be accompanied by a certificate of compliance, only indicate the scheduled date of the initial submittal on the Network Analysis.

B. A certified copy of test results shall accompany each certificate of compliance. The certificate shall give the information specified for

Samples in Section 01 33 00, and in addition the name and address of the organization performing the tests, the date of the tests, and the quantity of the material shipped.

C. Materials used on the basis of a certificate of compliance may be sampled and tested at any time. The fact that material is used on the basis of a certificate of compliance does not relieve the Contractor of responsibility for incorporating…