Technical Exhibit E - Division One Requirements.pdf

Solicitation No. W91151-22-B-0009

TECHNICAL EXHIBIT E:

DIVISION 1 REQUIREMENTS

Headquarter III Corps, Fort Hood

Directorate of Public Works (DPW)

Technical Exhibit “E” Open End Paving Contract

DIVISION 1

REQUIREMENTS

Contract No. W91151‐22‐X‐XXXX

Directorate of Public Works Engineering Division

US Army, III Corps 4612 Engineer Dr.

Fort Hood, TX 76544

OEPS ‐ 23

IDIQ Paving (OEP-23)

DIVISION 1 - GENERAL REQUIREMENTS

DIVISION 01 – GENERAL REQUIREMENTS

--TABLE OF CONTENTS—

SECTION PAGE TITLE

01 32 01.00 10 ( 2 ) PROJECT SCHEDULE

01 33 00 ( 16 ) SUBMITTAL PROCEDURES

01 35 13 ( 27 ) SPECIAL PROJECT PROCEDURES

01 35 23.00 40 ( 41 ) OWNER SAFETY REQUIREMENTS

01 35 29 ( 48 ) SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS

01 45 01.00 20 ( 59 ) QUALITY CONTROL (QC)

01 57 20.00 10 ( 72 ) ENVIRONMENTAL PROTECTION

01 77 00 ( 90 ) CLOSEOUT PROCUDURES

01 78 23 ( 103 ) OPERATION AND MAINTENANCE DATA

01 80 00 ( 109 ) UTILITIES

IDIQ Paving (OEP-23)

Pavement Requirement Contract Specs

PART 1 GENERAL

1.1 REFERENCES

SECTION 01 32 01.00 10

PROJECT SCHEDULE

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.

AACE INTERNATIONAL (AACE)

AACE 29R-03

AACE 52R-06

(2011) Forensic Schedule Analysis

(2006) Time Impact Analysis - As Applied in Construction

U.S. ARMY CORPS OF ENGINEERS (USACE)

ER 1-1-11

1.2 SUBMITTALS

(1995) Administration -- Progress, Schedules, and Network Analysis Systems

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

Project Schedule; G

Program Project Schedule; G

Periodic Schedule Update; G

1.3 PROJECT SCHEDULER QUALIFICATIONS

Designate an authorized representative to be responsible for the preparation of the schedule and all required updating (activity status) and preparation of reports. The authorized representative shall be experience scheduling construction projects similar in size and nature to this project with scheduling software that meets the requirements of this specification. Representative must have a comprehensive knowledge of CPM scheduling principles and application.

PART 2 PRODUCTS

2.1 SOFTWARE

The scheduling software utilized to produce and update the schedules required herein must be capable of meeting all requirements of this specification. Reports from the programming software shall be formatted to

PDF.

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IDIQ Paving (OEP-23)

Scheduling software shall be Primavera, Microsoft Project, or similar product.

PART 3 EXECUTION

3.1 GENERAL REQUIREMENTS

Prepare for approval a Project Schedule, as specified herein. Show in the schedule the proposed sequence to perform the work and dates contemplated for starting and completing all schedule activities. The scheduling of the entire project is required. The scheduling of construction is the responsibility of the Contractor. Contractor management personnel must actively participate in its development. Subcontractors and suppliers working on the project must also contribute in developing and maintaining an accurate Project Schedule. Provide a schedule that is a forward planning as well as a project monitoring tool. Use the Critical Path Method (CPM) of network calculation to generate all Project Schedules.

3.2 BASIS FOR PAYMENT AND COST LOADING

The schedule is the basis for determining contract earnings during each update period and therefore the amount of each progress payment. The aggregate value of all activities coded to a contract CLIN must equal the value of the CLIN.

3.2.1 Activity Cost Loading

Activity cost loading must be reasonable and without front-end loading.

Provide additional documentation to demonstrate reasonableness if requested by the COR.

3.2.2 Withholdings/ Payment Rejection

Failure to meet the requirements of this specification may result in the disapproval of the schedule and subsequent rejection of payment requests until compliance is met.

In the event that the Contracting Officer directs schedule revisions and those revisions have not been included in subsequent Project Schedule revisions or updates, the Contracting Officer may withhold as allowed by the contract a percent of pay request amount from each payment period until such revisions to the project schedule have been made.

3.3 PROJECT SCHEDULE DETAILED REQUIREMENTS

3.3.1 Level of Detail Required

Develop the Project Schedule to the appropriate level of detail to address major milestones and to allow for satisfactory project planning and execution. Failure to develop the Project Schedule to an appropriate level of detail will result in its disapproval. The Contracting Officer will consider, but is not limited to, the following characteristics and requirements to determine appropriate level of detail:

3.3.2 Activity Durations

Reasonable activity durations are those that allow the progress of ongoing activities to be accurately determined between update periods.

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IDIQ Paving (OEP-23)

Less than 2 percent of all non-procurement activities shall have Original Durations (OD) greater than 20 work days or 30 calendar days.

3.3.3 Procurement Activities

Include activities associated with the critical submittals and their approvals, procurement, fabrication, and delivery of long lead materials, equipment, fabricated assemblies, and supplies. Long lead procurement activities are those with an anticipated procurement sequence of over 90 calendar days.

3.3.4 Mandatory Tasks

Include the following activities/tasks in the initial project schedule and all updates as they apply to the project.

a. Submission, review and acceptance of SD-01 Preconstruction Submittals (individual activity for each).

b. Long procurement activities

c. Submission of Dig Permit

d. Submission and approval of O and M manuals

e. Submission and approval of as-built drawings.

f. Submission and approval of DD1354 data and installed equipment lists.

g. Submission and approval of testing and air balance(TAB).

h. Submission of TAB specialist design review report.

i. Submission and approval of fire protection specialist.

j. Air and water balancing.

k. Submission and approval of Building Commissioning Plan, test data, and reports: Develop the schedule logic associated with testing and commissioning of mechanical systems to a level of detail consistent with the contract commissioning requirements. All tasks associated with all building testing and commissioning will be completed prior to submission of building commissioning report and subsequent contract completion.

1. Building commissioning - Functional Performance Testing.

m. Controls testing plan submission.

n. Controls testing.

o. Performance Verification testing.

p. Other systems testing, if required.

r. Contractor's pre-final inspection.

s. Correction of punch list from Contractor's pre-final inspection.

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IDIQ Paving (OEP-23)

t. Government's pre-final inspection.

u. Correction of punch list from Government's pre-final inspection.

v. Final inspection.

w. Final Clean Up.

x. SWPPP Closeout.

y. Traffic Control Plan.

3.3.5 Government Activities

Show Government and other agency activities that could impact progress.

These activities include, but are not limited to: approvals, environmental permit approvals by State regulators, inspections, utility tie-in, Government Furnished Equipment (GFE) and Notice to Proceed (NTP) for phasing requirements.

3.3.6 Contract Milestones and Constraints

Milestone activities are to be used for significant project events including, but not limited to, project phasing, project start and end activities, or interim completion dates. The use of artificial float constraints such as "zero free float" or "zero total float" are prohibited.

Mandatory constraints that ignore or effect network logic are prohibited.

No constrained dates are allowed in the schedule other than those specified herein. Submit additional constraints to the Contracting Officer for approval on a case by case basis.

3.3.7 Calendars

Schedule activities on a Calendar to which the activity logically belongs.

Develop calendars to accommodate any contract defined work period such as a 7-day calendar for Government Acceptance activities, concrete cure times, etc. Develop the default Calendar to match the physical work plan with non-work periods identified including weekends and holidays. Develop

Seasonal Calendar(s) and assign to seasonally affected activities as applicable.

If an activity is weather sensitive it should be assigned to a calendar showing non-work days on a monthly basis, with the non-work days selected at random across the weeks of the calendar, using the anticipated days provided in the contract clause TIME EXTENSIONS FOR UNUSUALLY SEVERE

WEATHER. The assignment of the non-work days should be over a seven-day week since weather records are compiled on seven-day weeks, which will cause some of the weather related non-work days to fall on weekends.

3.3.8 Work Hours

Construction contracts are calculated in calendar days (see SF 1442, Block

11). The contractor is allowed to request work on weekends, as necessary, to demonstrate adequate progress is being made and adhere to the approved progress schedule. Coordination of work outside the normal working hours of 7:30 a.m. to 4:30 p.m., Monday through Friday (excluding Federal holidays), shall be made directly with the Contracting Officer of record under this contract and Contracting Officer Representative. Accommodation

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IDIQ Paving (OEP-23) for quality assurance surveillance presence on the job site outside normal working hours is required, and requests to work outside the normal working hours must be submitted to the Contracting Officer in writing, at least 72 hours in advance of the work schedule with list of subcontractors, trades, work to be performed and projected hours. To the maximum extent practicable, the contractor should develop its progress schedule on the basis of a 5-day work week. Work at the construction site should no later than 8:00 a.m. (contingent upon the availability of facilities), with daily cleanup beginning no earlier than 4:00 p.m. each work day.

3.3.9 Open Ended Logic

Only two open ended activities are allowed: the first activity "NTP

Acknowledged" must have no predecessor logic, and the last activity -"End

Project" must have no successor logic.

Predecessor open ended logic may be allowed in a time impact analyses upon the Contracting Officer's approval.

3.3.10 Default Progress Data Disallowed

Actual Start and Finish dates must not automatically update with default mechanisms included in the scheduling software. Updating of the percent complete and the remaining duration of any activity must be independent functions. Disable program features that calculate one of these parameters from the other. Activity Actual Start (AS) and Actual Finish (AF) dates assigned during the updating process must match those dates provided in the Contractor Quality Control Reports. Failure to document the AS and AF dates in the Daily Quality Control report will result in disapproval of the Contractor's schedule.

3 .3 .11 Out-of-Sequence Progress

Activities that have progressed before all preceding logic has been satisfied (Out-of-Sequence Progress) will be allowed only on a case-by-case basis subject to approval by the Contracting Officer. Propose logic corrections to eliminate out of sequence progress or justify not changing the sequencing for approval prior to submitting an updated project schedule. Address out of sequence progress or logic changes in the

Narrative Report and in the periodic schedule update meetings.

3.3.12 Added and Deleted Activities

Do not delete activities from the project schedule or add new activities to the schedule without approval from the Contracting Officer. Activity ID and description changes are considered new activities and cannot be changed without Contracting Officer approval.

3.3.13 Original Durations

Activity Original Durations (OD) must be reasonable to perform the work item. OD changes are prohibited unless justification is provided and approved by the Contracting Officer.

3.3.14 Leads, Lags, and Start to Finish Relationships

Lags must be reasonable as determined by the Government and not used in place of realistic original durations, must not be in place to artificially absorb float, or to replace proper schedule logic.

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IDIQ Paving (OEP-23)

a. Leads (negative lags) are prohibited.

b. Start to Finish (SF) relationships are prohibited.

3.3.15 Retained Logic

Schedule calculations must retain the logic between predecessors and successors ("retained logic" mode) even when the successor activity(s) starts and the predecessor activity(s) has not finished (out-of-sequence progress). Software features that in effect sever the tie between predecessor and successor activities when the successor has started and the predecessor logic is not satisfied ("progress override") are not be allowed.

3.3.16 Percent Complete

Update the percent complete for each activity started, based on the realistic assessment of earned value. Activities which are complete but for remaining minor punch list work and which do not restrain the initiation of successor activities may be declared 100 percent complete to allow for proper schedule management.

3.3.17 Remaining Duration

Update the remaining duration for each activity based on the number of estimated work days it will take to complete the activity. Remaining duration may not mathematically correlate with percentage found under paragraph entitled Percent Complete.

3.3.18 Cost Loading of Closeout Activities

Cost load the "Correction of punch list from Government pre-final inspection" activity(ies) not less than 1 percent of the present contract value. Activity(ies) may be declared 100 percent complete upon the

Government's verification of completion and correction of all punch list work identified during Government pre-final inspection(s).

3.3.18.1 As-Built Drawings

If there is no separate contract line item (CLIN) for as-built drawings, cost load the "Submission and approval of as-built drawings" activity 1 percent of the present contract value. Activity will be declared 100 percent complete upon the Government's approval.

3.3.18.2 Testing

Cost load any activity listed as "Testing" not less than 1 percent of the present contract value. Examples of "Testing" include but not limited to

TAB, Fire Alarm, Fire Suppression, Mass Notification, Commissioning, Concrete, etc

3.3.18.3 0 & M Manuals

Cost load the "Submission and approval of O & M manuals" activity not less than 1 percent of the present contract value. Activity will be declared

100 percent complete upon the Government's approval of all o & M manuals.

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IDIQ Paving (OEP-23)

3.3.18.4 PreFinal/Final

Cost load the "PreFinal" activity not less than 1 percent of the present contract value. Cost load the "Final" activity not less than 1 percent of the present contract value.

3.3.18.5 Mob/Demob

If cost loaded for Mobilization there shall be equal or greater for Demobilization.

3.3.19 Anticipated Adverse Weather

Reference Section 00700, FAR 52.249-10: The following schedule lists adverse weather delays (due to precipitation) as calculated by the National Oceanic and Atmospheric Administration (NOAA) and will constitute the base line for monthly weather time extension evaluations. The contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities. Wind is not considered in this Schedule and shall not be considered an excusable delay unless exterior work tasks are foregone due to health and safety issues experienced during extremely high wind conditions. No weather delays are allowed for interior work.

ADVERSE WEATHER DELAYS:

JAN

3.3.20

FEB

MAR

APR

Federal Holidays

MAY

JUN

JUL

AUG

SEP

OCT

NOV DEC

3 4

The following days are legal holidays for the Federal Government. Under normal conditions, no construction work will be authorized on a Federal holiday. Exceptions may be granted, on a case by case basis, and only when it is determined by the Contracting Officer to be in the best interest of the Government. Requests for exception must be provided, in writing, to the Contracting Officer no later than three business days prior to the holiday the contractor desires to work. The Government will render a decision in the matter no later than one business day prior to the scheduled holiday.

Federal Holidays

New Year's Day Martin Luther King Jr. Birthday President's Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day

1 January Third Monday in January Third Monday in February Last Monday in May 19 June 4 July First Monday in September Second Monday in October 11 November Fourth Thursday in November 25 December

When a designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday.

This list of holidays relates to Government duty days, and is not intended

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IDIQ Paving (OEP-23) to supplement or otherwise alter the provisions of the Davis Bacon Act

General Decision regarding paid holidays.

The contractor is NOT entitled to observe installation training holidays or other time off given to Government employees by Executive Order or other lawful order of the President of the United States.

The following table lists the number of federal holidays, by month that the contractor will not work (except as described above). When the contract's stated period of performance includes months where federal holidays are observed, the period of performance has been adjusted to allow extra time for those holidays. Compensation of time is shown below:

Federal Holidays

JAN

FEB

MAY

JUL

SEP

OCT

NOV

DEC

3.3.21 Early Completion Schedule and the Right to Finish Early

An Early Completion Schedule is an Initial Project Schedule (IPS) that indicates all scope of the required contract work will be completed before the contractually required completion date.

a. No IPS indicating an Early Completion will be accepted without being fully resource-loaded (including crew sizes and manhours) and the

Government agreeing that the schedule is reasonable and achievable.

b. The Government is under no obligation to accelerate work items it is responsible for to ensure that the early completion is met nor is it responsible to modify incremental funding (if applicable) for the project to meet the contractor's accelerated work.

3.4 PROJECT SCHEDULE SUBMISSIONS

Provide the submissions as described below. If the Contractor fails or refuses to furnish the information and schedule updates as set forth herein, then the Contractor will be deemed not to have provided an estimate upon which a progress payment can be made.

Review comments made by the Government on the schedule(s) do not relieve the Contractor from compliance with requirements of the Contract Documents.

3.4.1 Program Project Schedule

Submit the Program Project Schedule for approval monthly at the first bi-weekly of the month. The schedule must demonstrate a reasonable and realistic sequence of the various task orders awarded under the contract.

3.4.2 Project Schedule Submission

Submit the Project Schedule for approval 5 calendar days after notice to proceed is issued. The schedule must demonstrate a reasonable and realistic sequence of activities which represent all work through the entire contract performance period. No payment will be made for work items not fully detailed in the Project Schedule.

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3.4.3 Periodic Schedule Update

Update the Project Schedule on a regular basis. Provide a Periodic Schedule Update bi-weekly.

a. Update information including Actual Start Dates (AS), Actual Finish

Dates (AF), Remaining Durations (RD), and Percent Complete is subject to the approval of the Government at the meeting.

b. AS and AF dates must match the date(s) reported on the Contractor's

Quality Control Report for an activity start or finish.

c. A narrative shall be provided that provides the government reason for any changes to the schedule.

3.5 SUBMISSION REQUIREMENTS

Submit the following items for the Schedule, and every Periodic Schedule

Update throughout the life of the project:

3.5.1 Schedule Reports

The format, filtering, organizing and sorting for each schedule report must be as directed by the Contracting Officer. Typically, reports shall contain

a. Contract Number

b. Contractor's name and address

c. Notice to Proceed (NTP) Date

d. Contract Completion Date

e. Government Project Number

f. Government Project Title

g. Contracting Officer's name, with signature and date approval blocks

h. COR's name, with signature and date approval blocks

i. Contractor Project Manager name, with signature and date approved

j. Cost associated with each work element

k. Percentage of total project cost for each work element

1. Performance period scheduled in bi-weekly periods

m. Percentage of work complete

n. Cost associated with each work element of work complete.

3.5.1.1 Activity Report

List of all activities sorted according to activity number.

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3.5.1.2 Logic Report

List of detailed predecessor and successor activities for every activity in ascending order by activity number.

3.5.1.3 Total Float Report

A list of all incomplete activities sorted in ascending order of total float. List activities which have the same amount of total float in ascending order of Early Start Dates. Do not show completed activities on this report.

3.5.1.4 Earnings Report by CLIN

A compilation of the Total Earnings on the project from the NTP to the data date. This report must reflect the earnings of activities based on the agreements made in the schedule update meeting defined herein. Provided a complete schedule update has been furnished, this report serves as the basis of determining progress payments. Group activities by CLIN number and sort by activity number. This report must also provide a total CLIN percent earned value, CLIN percent complete, and project percent complete.

The printed report must contain the following for each activity: the Activity Number, Activity Description, Original Budgeted Amount, Earnings to Date, Earnings this period, Total Quantity, Quantity to Date, and Percent Complete (based on cost).

3.5.1.5 Schedule Log

Provide a Scheduling/Leveling Report generated from the current project schedule being submitted.

3.5.2 Network Diagram

The Network Diagram (Gaunt Chart) is required for the Initial and Periodic Updates. Depict and display the order and interdependence of activities and the sequence in which the work is to be accomplished. The Contracting Officer will use, but is not limited to, the following conditions to review compliance with this paragraph:

3. 5. 2 .1 Continuous Flow

Show a continuous flow from left to right with no arrows from right to left. Show the activity number, description, duration, and estimated earned value on the diagram.

3.5.2.2 Project Milestone Dates

Show dates on the diagram for start of project, any contract required interim completion dates, and contract completion dates.

3. 5. 2. 3 Critical Path

Show all activities on the critical path. The critical path is defined as the longest path.

3.5.2.4 Banding

Organize activities using the WBS or as otherwise directed to assist in the understanding of the activity sequence. Typically, this flow will group

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IDIQ Paving (OEP-23) activities by major elements of work, category of work, work area and/or responsibility.

3.6 PERIODIC SCHEDULE UPDATE

3.6.1 Periodic Schedule Update Meetings

Conduct periodic schedule update meetings for the purpose of reviewing the proposed Schedule, Narrative Report, Schedule Reports, and progress payment. Conduct meetings at least monthly within five days of the proposed schedule data date. The Contractor's authorized scheduler must organize, group, sort, filter, perform schedule revisions as needed and review functions as requested by the Contractor and/or Government. The meeting is a working interactive exchange which allows the Government and Contractor the opportunity to review the updated schedule on a real time and interactive basis. The meeting will last no longer than 2 hours.

Contractor shall provide a draft of the proposed narrative report and schedule data file to the Government a minimum of two workdays in advance of the meeting. The Contractor's Project Manager and scheduler must attend the meeting with the authorized representative of the Contracting Officer.

Superintendents, foremen and major subcontractors must attend the meeting as required to discuss the project schedule and work. Following the periodic schedule update meeting, make corrections to the draft submission. Include only those changes approved by the Government in the submission and invoice for payment.

3.6.2 Update Submission Following Progress Meeting

Submit the complete Periodic Schedule Update of the Project Schedule containing all approved progress, revisions, and adjustments, with the following bi-weekly report.

3.7 REQUESTS FOR TIME EXTENSIONS

Provide a justification of delay to the Contracting Officer in accordance with the contract provisions and clauses for approval within 10 days of a delay occurring. Also prepare a time impact analysis for each Government request for proposal (RFP) to justify time extensions.

3.7.1 Justification of Delay

Provide a description of the event(s) that caused the delay and/or impact to the work. As part of the description, identify all schedule activities impacted. Show that the event that caused the delay/impact was the responsibility of the Government. Provide a time impact analysis that demonstrates the effects of the delay or impact on the project completion date or interim completion date(s). Multiple impacts must be evaluated chronologically; each with its own justification of delay. With multiple impacts consider any concurrence of delay. A time extension and the schedule fragment becomes part of the project schedule and all future schedule updates upon approval by the Contracting Officer.

3.7.2 Time Impact Analysis (Prospective Analysis)

Prepare a time impact analysis for approval by the Contracting Officer based on industry standard AACE 52R-06. Utilize a copy of the last approved schedule prior to the first day of the impact or delay for the time impact analysis. If Contracting Officer determines the time frame between the last approved schedule and the first day of impact is too

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IDIQ Paving (OEP-23) great, prepare an interim updated schedule to perform the time impact analysis. Unless approved by the Contracting Officer, no other changes will be incorporated into the schedule being used to justify the time impact.

3.7.3 Forensic Schedule Analysis (Retrospective Analysis)

Prepare an analysis for approval by the Contracting Officer based on industry standard AACE 29R-03.

3.7.4 Fragmentary Network (Fragnet)

Prepare a proposed fragnet for time impact analysis. The proposed fragnet must consist of a sequence of new activities that are proposed to be added to the project schedule to demonstrate the influence of the delay or impact to the project's contractual dates. Clearly show how the proposed fragnet is to be tied into the project schedule including all predecessors and successors to the fragnet activities. The proposed fragnet must be approved by the Contracting Officer prior to incorporation into the project schedule.

3.7.5 Time Extension

The Contracting Officer must approve the Justification of Delay including the time impact analysis before a time extension will be granted. No time extension will be granted unless the delay consumes all available Project

Float and extends the projected finish date ("End Project" milestone) beyond the Contract Completion Date. The time extension will be in calendar days.

Actual delays that are found to be caused by the Contractor's own actions, which result in a calculated schedule delay will not be a cause for an extension to the performance period, completion date, or any interim milestone date.

3.7.6 Impact to Early Completion Schedule

No extended overhead will be paid for delay prior to the original Contract

Completion Date for an Early Completion IPS unless the Contractor actually performed work in accordance with that Early Completion Schedule. The

Contractor must show that an early completion was achievable had it not been for the impact ..

3.8 FAILURE TO ACHIEVE PROGRESS

Should the progress fall behind the approved project schedule for reasons other than those that are excusable within the terms of the contract, the

Contracting Officer may require provision of a written recovery plan for approval. The plan must detail how progress will be made-up to include which activities will be accelerated by adding additional crews, longer work hours, extra work days, etc.

3.8.1 Artificially Improving Progress

Artificially improving progress by means such as, but not limited to, revising the schedule logic, modifying or adding constraints, shortening activity durations, or changing calendars in the project schedule is prohibited. Indicate assumptions made and the basis for any logic, constraint, duration and calendar changes used in the creation of the

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IDIQ Paving (OEP-23) recovery plan. Any additional resources, manpower, or daily and weekly work hour changes proposed in the recovery plan must be evident at the work site and documented in the daily report along with the Schedule Narrative Report.

3.8.2 Failure to Perform

Failure to perform work and maintain progress in accordance with the supplemental recovery plan may result in an interim and final unsatisfactory performance rating and/or may result in corrective action directed by the Contracting Officer pursuant to FAR 52.236-15 Schedules for Construction Contracts, FAR 52.249-10 Default (Fixed-Price Construction), and other contract provisions.

3.8.3 Recovery Schedule

Should the Contracting Officer find it necessary, submit a recovery schedule pursuant to FAR 52.236-15 Schedules for Construction Contracts.

3.9 OWNERSHIP OF FLOAT

Except for the provision given in the paragraph IMPACT TO EARLY COMPLETION SCHEDULE, float available in the schedule, at any time, shall not be considered for the exclusive use of either the Government or the Contractor including activity and/or project float. Activity float is the number of work days that an activity can be delayed without causing a delay to the "End Project" finish milestone. Project float (if applicable) is the number of work days between the projected early finish and the contract completion date milestone.

-- End of Section --

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SUBMITTAL PROCEDURES

The attached submittal register contains the required items the Contractor shall submit for Government approval. All submittals listed on the submittal register shall require approval by the Government unless otherwise noted. The COR may request submittals in addition to those specified when deemed necessary to adequately describe the work covered in the respective sections.

Units of weights and measures used on all submittals are to be the same as items delivered to the job site.

Each submittal is to be complete and in sufficient detail to allow ready determination of compliance with contract requirements.

The Contractor's Quality Control Manager (QCM)shall check and approve all items prior to submittal, sign, and date indicating action taken. Proposed deviations from the contract requirements are to be clearly identified.

Include within submittals items such as: Contractor's, manufacturer's, or fabricator's drawings; descriptive literature including (but not limited

to) catalog cuts, diagrams, operating charts or curves; test reports; test cylinders; samples; O&M manuals (including parts list); certifications;

warranties; and other such required submittals.

All electronic submittals (Disk) shall be on a CD-R disk only and clearly state the Contractor's name, date, contract number and submittal number. A hardcopy ENG FORM 4025 shall accompany the CD-R and electronic form submitted by e-mail to COR.

1.1 REFERENCES

52.243-4

Federal Acquisition Regulation

Changes

1.2 DEFINITIONS

1.2.1 Submittal Descriptions (SD)

Submittals requirements are specified in the technical sections.

Submittals are identified by Submittal Description (SD) numbers and titles as follows:

SD-01 Preconstruction Submittals

Submittals which are required prior to start of construction (work).

Insurance

Performance and Payment Bonds

List of proposed Subcontractors

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List of proposed products

Construction progress schedule

Network Analysis Schedule (NAS)

Submittal register

Health and safety plan

Work plan

Quality Control(QC) plan

Environmental protection plan

SD-02 Shop Drawings

Drawings, diagrams and schedules specifically prepared to illustrate some portion of the work.

Drawings prepared by or for the Contractor to show how multiple systems and interdisciplinary work shall be coordinated.

SD-03 Product Data

Catalog cuts, illustrations, schedules, diagrams, performance charts, instructions and brochures illustrating size, physical appearance and other characteristics of materials, systems or equipment for some portion of the work.

SD-04 Samples

Physical examples of materials, equipment or workmanship, illustrating functional and aesthetic characteristics of a material, or product; and establish standards by which the work can be judged.

Field samples and mock-ups constructed on the project site establish standards by which the ensuring work can be judged. Includes assemblies or portions of assemblies, which are to be incorporated into the project.

SD-05 Design Data

Design calculations, mix designs, analyses or other data pertaining to a part of work.

SD-06 Test Reports

Report signed by authorized official of testing laboratory that a material, product or system identical to the material, product or system to be provided has been tested in accord with specified requirements.

Report which includes findings of a test required to be performed by the Contractor on an actual portion of the work or prototype prepared for the project before shipment to job site.

Report which includes finding of a test made at the job site or on

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IDIQ Paving (OEP-23) sample taken from the job site, on portion of work during or after installation.

SD-07 Certificates

Statements printed on the manufacturer's letterhead and signed by responsible officials of manufacturer of product, system or material attesting that product, system or material meets specification requirements. Must be dated after award of project contract and clearly name the project.

Document required of Contractor, or of a manufacturer, supplier, installer or subcontractor through Contractor, the purpose of which is to further quality of orderly progression of a portion of the work by documenting procedures, acceptability of methods or personnel qualifications.

SD-08 Manufacturer's Instructions

Preprinted material describing installation of a product, system or material, including special notices and Material Safety Data sheets concerning impedances, hazards and safety precautions.

SD-09 Manufacturer's Field Reports

Documentation of the testing and verification actions taken by manufacturer's representative at the job site, in the vicinity of the job site, or on a sample taken from the job site, on a portion of the work, during or after installation, to confirm compliance with manufacturer's standards or instructions. The documentation must be signed by an authorized official of a testing laboratory or agency and must state the test results; and indicate whether the material, product, or system has passed or failed the test.

SD-10 Operation and Maintenance Data

Data that is furnished by the manufacturer, or the system provider, to the equipment operating and maintenance personnel, including manufacturer's help and product line documentation necessary to maintain and install equipment. This data is needed by operating and maintenance personnel for the safe and efficient operation, maintenance and repair of the item.

This data is intended to be incorporated in an operations and maintenance manual or control system.

SD-11 Closeout Submittals

1.2.2

Documentation to record compliance with technical or administrative requirements or to establish an administrative mechanism.

Special requirements necessary to properly close out a construction contract, for example, Record Drawings and as-built drawings; also, submittal requirements necessary to properly close out a major phase of construction on a multi-phase contract.

Approving Authority

Designated person authorized to approve submittal. QCM is the only

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1.2 .3 Work

As used in this section, on- and off-site construction required by contract documents, including labor necessary to produce submittals, construction, materials, products, equipment, and systems incorporated or to be incorporated in such construction.

1.3 SUBMITTAL CLASSIFICATION

Submittals are classified as follows:

(a) For Government approval shall be coded on the submittal register as "G".

(b) For Information Only shall be coded on submittal register without a "G".

1.4 FORWARDING SUBMITTALS REQUIRING GOVERNMENT APPROVAL

Submittals Required from the Contractor

Preconstruction submittals - Forward to the assigned COR, submittals required in the technical sections of Division 1 specifications as required by the specification. All submittals are due within 30 calendar days of contract award unless specifically stated in Division 1.

Product and Material submittals - Forward to the assigned COR, all product and material submittals are due within 60 calendar days of contract award and before any preparatory meetings or installation.

O&M Data - The COR shall review and approve for the Contracting Officer

O&M Data to verify the submittals comply with the contract requirements.

Closeout Submittal - Forward to assigned COR within 30 calendar days of final. Final pay will not be made until all work and submittals are accepted by the government.

1.5 PREPARATION

1.5.1 Transmittal Form

Transmit each submittal by e-mail to the Contract Specialist and

Contracting Officer Representative (COR). Transmit submittals with transmittal form (ENG Form 4025) prescribed by Contracting Officer, located in Appendix A. Sample installations and sample panels (mock ups) shall be submitted electronically and reference samples with picture for document tracking. On the transmittal form identify Contractor, indicate date of submittal, and include information prescribed by transmittal form and required in paragraph entitled "Identifying Submittals. 11

Electronic submission by e-mail shall include the following two pdfs:

a. ENG Form 4025

b. Submittal Package

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E-mail sizes shall not exceed l0MBs. It is the responsibility of the Contractor to verify the Government has received the electronic submission.

1. 5. 2 Identifying Submittals

The Prime Contractor is to prepare and review all submittals prior to submitting for Government approval.

Identify submittals with the following information permanently adhered to or noted on each separate component of each submittal and noted on transmittal form. Each submittal description (SD) shall be tabbed appropriately and be complete per the specification. Included information shall be highlighted, clearly identifying the product(s) being submitted for review. Mark submittal, with the following:

a. Project title and location

b. Construction contract number

c. Date of the drawings and revisions

d. Section number and paragraph of the specification section by which submittal is required

e. Submittal description (SD) number of each component of submittal

f. When a resubmission, add numerical suffix on submittal description. For example, submittal 18 would become 18.1, to indicate resubmission. One copy of the rejected ENG Form 4025 and any associated continuation sheets shall be included with each re-submittal.

Construction material that does not have a specification shall be submitted for government approval and follow manufactures installation guidance for installation and construction. On the 4025 form mark the specification as the Division number"-MISC" and the section number and paragraph as "NA".

1.5.3 Format for SD-02 Shop Drawings

a. Shop drawings are not to be less than 8 1/2 by 11 inches nor more than 30 by 42 inches, except for full size patterns or templates.

Prepare drawings to accurate size, with scale indicated for electronic submission. Drawings are to be suitable for reproduction and be of a quality to produce clear, distinct lines and letters with dark lines on a white background.

b. Present full sized shop drawings as part of the bound volume for submittals required by section and requested by COR.

c. Include on each drawing the drawing title, number, date, and revision numbers and dates.

d. Number drawings in a logical sequence. Each drawing is to bear the number of the submittal in a uniform location adjacent to the title block. Place the Government contract number in the margin, immediately below the title block, for each drawing.

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1.5.4 Format of SD-03 Product Data and SD-08 Manufacturer's Instructions

a. Present product data submittals for each section as a complete, bound volume. Include table of contents, listing page and catalog item numbers for product data.

b. Indicate, by prominent notation, each product which is being submitted; indicate specification section number and paragraph number to which it pertains.

c. Provide product data in English units.

d. Include the manufacturer's name, trade name, place of manufacture, and catalog model or number on product data.

e. Where equipment or materials are specified to conform to industry and technical society reference standards, submit proof of such compliance. The label or listing by the specified organization shall be acceptable evidence of compliance.

1.5.5 Format of SD-04 Samples

a. Furnish samples in sizes below, unless otherwise specified or unless the manufacturer has prepackaged samples of approximately same size as specified:

(1) Sample of Materials Less Than 2 by 3 inches: Built up to A4

8 1/2 by 11 inches.

(2) Sample of Materials Exceeding A4 8 1/2 by 11 inches: Cut down to A4 8 1/2 by 11 inches and adequate to indicate color, texture, and material variations.

(3) Color Selection Samples: 2 by 4 inches. Where samples are specified for selection of color, finish, pattern, or texture, submit the full set of available choices for the material or product specified. Sizes and quantities of samples are to represent their respective standard unit.

(4) Sample Panel: 4 by 4 feet.

(5) Sample Installation: 100 square feet.

b. When color, texture or pattern is specified by naming a particular manufacturer and style, include one sample of that manufacturer and style, for comparison.

1.5.6 Format of SD-05 Design Data and SD-07 Certificates

1.5.7

Provide design data and certificates on 8 1/2 by 11 inches paper. Provide a bound volume for submittals containing numerous pages.

Format of SD-06 Test Reports and SD-09 Manufacturer's Field Reports

Provide reports on 8 1/2 by 11 inches paper in a complete bound volume.

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1. 5. 8 Format of SD-10 Operation and Maintenance Data (O&M)

Comply with the requirements specified in Section 01 78 23 OPERATION AND MAINTENANCE DATA for O&M Data format.

1.5.9 Format of SD-01 Preconstruction Submittals and SD-11 Closeout Submittals

Provide all dimensions in administrative submittals in English.

1.6 QUANTITY OF SUBMITTALS

Submit ENG FORM 4025 electronically, and one copy and/or sample of the submittal material(s) listed on ENG FORM 4025 to COR.

1.7 PERFORMANCE AND PAYMENT BONDS

The Contractor shall provide one of the payment protections identified in FAR 52.228-13, Alternative Payment Protections within the time specified in Block 12b of the SF 1442 (Far 28.102-l(b) (1)). Failure to provide executable documents within the stipulated timeframe may result in a payment delay or a termination action.

FAR 52.228-2, Additional Bonds Security, requires the Contractor to promptly furnish additional security if (a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government; (b) Any surety fails to furnish reports on its financial condition as required by the Government;

(c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer; or (d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC's scheduled expiration, the Contracting officer has the right to immediately draw on the ILC.

1.8 INSURANCE

In accordance with FAR Part 28.301 and Clause 52.228-5, Insurance - Work on a Government Installation, the following types of insurance and "minimum" amounts are required for this contract:

Insurance Requirements

TYPE

Workers' Compensation (See Note)

Comprehensive General Liability Insurance for Bodily Injury

Comprehensive Automobile Liability

AMOUNT

$100,000

$500,000 per occurrence

$200,000 per person $500,000 per occurrence for bodily injury $20,000 per occurrence for property damages

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NOTE: Workers' Compensation will be provided as regulated by the Division of Workers' Compensation, issued by a Texas Department of Insurance (TDI) licensed insurer, regulated by the TDI and guaranteed by the Texas Property and Casualty Insurance Guaranty Association.

1.9 SUBMITTAL REGISTER

Maintain and manage the submittal register, as the work progresses.

Contractor is responsible for ensure all material and products used on the job site are identified and submitted to the government. Do not change data which is provided by the Government in columns (c), (d), (e), and (f);

retain and update data which is approved or as noted by Government in columns (a), (g), (h), and (i). A submittal register showing items of equipment and materials for which submittals are required by the specifications is provided as an attachment. The original list provided by the government may not be all inclusive and additional submittals may be required.

1.9.1

Column (c): Lists specification section in which submittal is required.

Column (d): Lists each submittal description (SD No. and type, e.g. SD-02 Shop Drawings) required in each specification section.

Column (e): Lists one principal paragraph in specification section where a material or product is specified. This listing is only to facilitate locating submitted requirements. Do not consider entries in column (e) as limiting project requirements.

Use of Submittal Register

Submit submittal register with with each payment requested. Verify that all submittals required for project are listed and add missing submittals.

Coordinate and complete all fields on the register.

1.9.2 Contractor Action Code and Action Code

Entries for columns (j) and (o), are to be used are as prescribed by

Transmittal Form.

1.10 SCHEDULING

a. No delay damages or time extensions shall be allowed for time lost in late submittals.

b. Coordinate scheduling, sequencing, preparing and processing of submittals with performance of work so that work shall not be delayed by submittal processing. Allow for potential resubmittal of requirements.

c. Prior to the start of any construction, provide for approval by the COR all preconstruction submittals.

d. Within 60 calendar days of contract award, provide for approval by the COR all other product and material submittals to be incorporated into the project.

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1.11 REVIEWING, CERTIFYING, APPROVING AUTHORITY

The QC Manager (QCM) is responsible for reviewing and certifying that submittals are in compliance with contract requirements. Contractor approving authority on submittals is the QCM.

1.11.1 QC Organization Responsibilities

a. Review each submittal; and check and coordinate each submittal with requirements of work and contract documents.

b. Review submittals for conformance with project design concepts and compliance with contract documents.

c. Sign certifying statement or approval statement. The QCM is the designated person signing certifying statements. The use of electronic signatures is required. Stamped signatures are not acceptable.

d. Update submittal register as submittal actions occur and maintain the submittal register at project site until final acceptance of all work by COR.

1.11.2 The Contracting Officer's Representative (COR) shall:

a. Review submittals for approval within scheduling period specified and only for conformance with project design concepts and compliance with contract documents.

b. Identify returned submittals with one of the actions defined in paragraph entitled "Review Notations" and with markings appropriate for action indicated.

Upon completion of review of submittals, date approved submittals. A copy of the electronic Form 4025 shall be returned to the Contractor.

1.11. 3 Review Notations

COR's review shall be completed within 14 calendar days after date of submission. Submittals shall be returned to the Contractor with the following notations:

a. Submittals marked "approved" or "accepted" authorize the

Contractor to proceed with the work covered.

b. Submittals marked "approved except as noted on drawings" authorize the Contractor to proceed with the work covered provided he takes no…