08B0016-Specs-Amnd0003.pdf

US ARMY ENGINEER DISTRICT, PHILADELPHIA

POC: DENISE DETITTA

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADEPHIA PA 19107-3390

TESTTRACKAPG

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

THIS AMENDMENT DOES NOT EXTEND THE JULY 30, 2008 BID OPENING DATE.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 1

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

16C. DATE SIGNED

BY

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912BU-08-B-0016

X 9B. DATED (SEE ITEM 11)

16-Jun-2008

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 0 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required) AUTOMOTIVE TECHNOLOGY EALUATION FACILITY, ABERDEEN PROVING GROUND, HARFORD COUNTY, MARYLAND

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

17-JuL-2008

CODE

US ARMY ENGINEER DISTRICT, PHILADELPHIA

CONTRACTING DIVISION

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

W912BU 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE E5CTCDMD

FACILITY CODECODE

EMAIL:TEL:

Amendment No. 0003 Invitation for Bids

W912BU-08-B-0016

14. DESCRIPTION OF AMENDMENT (continued)

a. GENERAL NOTE: The following specification sections have been amended. Some pages have been provided that contain no changes in order to enable double-sided printing, or to provide information that has moved as a result of changes that were made on other sheets. All pages that contain revisions have been annotated with “Amendment No. 0003” in the header. All changes on a page are shown in bold italics.

b. SECTION 01 00 00 – GENERAL CONDITIONS: Please delete Section 01 00 00 in its entirety and substitute new Section 01 00 00, attached hereto.

c. SECTION 01 11 00 – SUMMARY OF WORK: Please delete Section 01 11 00 in its entirety and substitute new Section 01 11 00, attached hereto.

d. SECTION 01 30 00 – ADMINISTRATIVE REQUIREMENTS: Please delete Section 01 30 00 in its entirety and substitute new Section 01 30 00, attached hereto.

e. SECTION 02 01 00 – UNEXPLODED ORDNANCE (UXO) DETECTION, PRELIMINARY IDENTIFICATION AND REMOVAL COORDINATION: Please delete Section 02 01 00 in its entirety and substitute new Section 02 01 00, attached hereto.

f. SECTION 02 41 00 – DEMOLITION: Please delete Section 02 41 00 in its entirety and substitute new Section 02 41 00, attached hereto.

g. SECTION 32 11 16 – DENSE GRADED AGGREGATE (DGA) AND SUBBASE MATERIALS:

Please delete Section 32 11 16 in its entirety and substitute new Section 32 11 16, attached hereto.

h. SECTION 32 92 19 – TOPSOIL, SEEDING AND MULCHING: Please delete Section 32 92 19 in its entirety and substitute new Section 32 92 19, attached hereto.

i. SECTION 33 00 00 – STORM SEWER CULVERTS, SANITARY SEWER AND WATER LINES, AND FIRE HYDRANT: Please delete Section 33 00 00 in its entirety and substitute new Section 33 00 00, attached hereto.

j. CONTRACT DRAWINGS: Please delete previously issued Sheets C1 through C14, C16 through C18, C21 through C29, C31, C32, C35, C38, C39, C41, C43, C45, C50 through C52, C59 through C63, C66 through C71, C73, C78, C79, C88, C90, C91, C93, C95, C97, C99, C102 through C104, C106 through C112, C117 through C119, C122 through C124, C137 through C139 and C141 through C155, dated 16 June 2008. Please substitute revised Sheets C1 through C14, C16 through C18, C21 through C29, C31, C32, C35, C38, C39, C41, C43, C45, C50 through C52, C59 through C63, C66 through C71, C73, C78, C79, C88, C90, C91, C93, C95, C97, C99, C102 through C104, C106 through C112, C117 through C119, C122 through C124, C137 through C139 and C141 through C155, with a revision date of 18 July 2008, attached hereto.

k. Please indicate receipt of this amendment on Standard Form 30 (AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT) as Amendment No. 0003. Failure to acknowledge all amendments may be cause for rejection of the offer.

SECTION 01 00 00

GENERAL CONDITIONS

GC-1. Access to Job-Sites In Security Areas

GC-2. As-Built Data

GC-3. Department of Agriculture Quarantine

GC-4. Disposal of Waste Material

GC-5. Excavation Clearance

GC-6. Unexploded Ordance (UXO) And Army Chemical Agent Material

GC-7. Locating And Marking Existing Utilities

GC-8. Fire Prevention and Protection

GC-9. Fuel Burning Equipment

GC-10. Hazardous Area Work Permits

GC-11. Lyme Disease Warning

GC-12. Maryland Department of the Environment (MDE) Permits

GC-13. Refrigerant Management

GC-14. Safety

GC-15. Submittal Register and Progress Schedules

GC-16. Unabsorbed Overhead Delay Damages

GC-17. Utility Outages

GC-18. Warranties

GC-19. Water Supply

GC-20. Working Hours

GC-21. Availability of Utilities Including Lavatory Facilities

GC-22. Worksite Appearance and Security

Section 01 00 00 Page 1

1.1 SUBMITTALS

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

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

NOTE: Any submittals classified as "SD-01 Preconstruction Submittals" require approval prior to mobilization to the contract work site. All other submittals, classified as "SD-02" through "SD-11," require approval prior to commencing the particular task to which the submittal is associated.

SD-07 Certificates

Qualifications; G,COR.

Provide qualifications of the independent licensed surveyor(s) for topographic surveying prior to commencing any survey work.

Before- and After- Surveys; G,COR.

Before- and after- survey data shall be submitted within 5 business days after completion of each of those surveys, respectively. Data shall be submitted as specified herein.

Metadata; G,COR

Metadata shall be submitted within 14 business days after completion of beachfill placement operations.

SD-03 Product Data

Surveying Procedures and Equipment; G,COR.

All surveying procedures, methods, and equipment for topographic surveys shall be reviewed and approved by the Government Survey Point of Contact prior to the start of any type of surveying work.

GC-1. ACCESS TO JOB-SITES IN SECURITY AREAS

See Section 01 35 53, EMPLOYEE IDENTIFICATION AND SECURITY CLEARANCE.

GC-2. AS-BUILT DATA

See Section 01 78 29, AS-BUILT DRAWINGS.

GC-3. DEPARTMENT OF AGRICULTURE QUARANTINE

See Section 01 57 20, ENVIRONMENTAL PROTECTION.

GC-4. DISPOSAL OF WASTE MATERIAL

a. Disposal Plan

The Contractor shall submit to the Contracting Officer for approval a detailed plan indicating the proposed method of disposal, the transporter, and ultimate disposal site for each category of waste and debris associated

Section 01 00 00 Page 2 with the construction (See Section 01 74 19 CONSTRUCTION AND DEMOLITION

WASTE MANAGEMENT).

b. Off-Site Disposal

All removed, dismantled or demolished material and/or equipment including rubble, scrap, debris and all other solid waste not specified or indicated to be Government salvaged, recycled, reinstalled under this contract or otherwise retained for disposal on Government land will become the property of the Contractor and shall be promptly removed from the site and disposed of by the Contractor at his own expense and responsibility to a site approved by the APG DSHE-EMD (Directorate of Safety, Health and Environment

- Environmental Management Division) through the Contracting Officer as identified in the Waste Disposal Plan. No burning of debris and rubbish on Government property will be permitted at any time.

c. Disposal of Spoil (Fill Material)

No soils are to removed from the project site. Soils found to be contaminated shall be disposed of by the Government. Arrangements for all disposal shall be made through the Contracting Officer.

d. Hazardous Material Removal

See Section 01 57 20, ENVIRONMENTAL PROTECTION.

GC-5. EXCAVATION CLEARANCES

a. The Contractor shall obtain an excavation permit in accordance with Aberdeen Proving Ground (APG) Regulation 385-7 (included as Section 00840).

The attached form, IMNE Form 1247-R, shall be completed and provided to the Quality Assurance Branch of the Directorate of Public Works (DPW) before starting any excavation work. The Point of Contact at APG DPW is Mr.

George Colletta located in Building 4302. Mr. Colletta can be reached at 410 278-4506 (phone) or 410 278-9445 (FAX). Processing will normally require ten (10) work days.

b. All damage to identified utilities shall be the fiscal responsibility of the Contractor, to include any peripheral loss imposed on the organizations/tenants of Aberdeen Proving Ground (e.g. damage to facilities, equipment, loss of productivity due to loss of any utility).

The authorized representatives for APG DPW, and the APG Directorate of Safety, Health, and Environment (DSHE) have the authority to stop any excavation that is either unsafe or unauthorized.

c. Should the Contractor encounter unidentified utility lines, all excavation work shall stop, and the COR should be notified immediately.

Excavation work shall not be permitted until the utilities are properly identified, and the COR issues a notice to proceed.

d. Permits shall be good for 30 calendar days from date of issuance.

Contractor shall be reponsible for obtaining renewals to maintain permit status.

GC-6. UNEXPLODED ORDANCE (UXO) AND ARMY CHEMICAL AGENT MATERIAL

Aberdeen Proving Ground (APG) has been the site for operations that

Section 01 00 00 Page 3 include: manufacturing of toxic and hazardous chemicals, military weapons testing, and waste disposal. The surface of the entire ATEF track footprint was swept and cleared of UXO to a depth of two (2) feet below existing grade. Below this level the Contractor shall be required to sweep all areas where drilling, excavation, digging, trenching or other earth disturbances are required. See Section 02 01 00 UNEXPLODED ORDNANCE (UXO) DETECTION, PRELIMINARY IDENTIFICATION AND REMOVAL COORDINATION for the requirements.

GC-7. LOCATING AND MARKING EXISTING UTILITIES

See GC-5. EXCAVATION CLEARANCES above for requirements to obtain an excavation permit and GC-6. UNEXPLODED ORDANCE (UXO) AND ARMY CHEMICAL AGENT MATERIAL above for magnatometer sweep requirements. The Contractor shall also notify Miss Utility within the advanced notification timeframe specified by that organization. The Contractor shall not proceed with any excavation until all utilities, including abandoned utilities, have been marked to the satisfaction of the Contracting Officer. Prior to requesting the marking of utilities, the Contractor shall stake out proposed excavations and limits of work with white lines ("White Lining"). It is the Contractor's responsibility to ensure that all permits (excavation or otherwise, including DPW permits) are current and up-to-date without expiration. In addition to the above requirements the Contractor shall:

a. Visually survey and verify that all utility markings are consistent with existing appurtenances such as manholes, valve boxes, poles, pedestals, pad-mounted devices, gas meters, etc. prior to any excavation.

b. Hand dig test holes to verify the depth and location of all utilities prior to any mechanical excavation within the limits of work. Other non-damaging methods for utility verification, as indicated in (d) below, may be considered subject to approval by the Contracting Officer. Also, verify that any abandoned utilities are not active.

c. Preserve all utility markings for the duration of the project to the furthest extent possible.

d. When excavation is performed within 2 feet of any utility line, a non-damaging method of excavation shall be used. The non-damaging method shall be hand digging. Other non-damaging methods, such as, soft digging, vacuum excavation, pneumatic hand tools, may be considered subject to approval by the Contracting Officer.

e. Regardless of the type of excavation, the Contractor shall notify the Contracting Officer a minimum of 72 hours prior to any excavation activity.

Failure to notify the Contracting Officer can result in the issuance of a "Stop Work" order, which shall not be justification for contract delay or time extension. The Government reserves the right to have personnel present on site during any type of excavation.

f. The Contractor's Quality Control System Manager shall ensure that all excavation requirements herein are met at the time of the preparatory phase of quality control, and that the excavation procedures are reviewed during the preparatory phase meeting. This preparatory phase of control shall also establish and document contingency plans and actions to be followed in the event that existing utilities are damaged or interrupted. Locations of shut off or isolation devices along with other safety features shall be established and their operation reviewed.

Section 01 00 00 Page 4

g. Any work other than excavation in the vicinity of a utility, that could damage or interrupt a utility, such as, exterior or interior work near transformers, power lines, poles, above ground gas lines, gas meters, etc., shall be done with extreme care. The Contractor shall specifically note during the preparatory phase of quality control, the construction techniques to be used to preclude damaging or interrupting any utility.

This preparatory phase of control shall also establish and document contingency plans and actions to be followed in the event that existing utilities are damaged or interrupted. Locations of shut off or isolation devices along with other safety features shall be established and their operation reviewed.

h. The Contractor shall complete a risk assessment, using the attached checklist, at least one week prior to the start of any excavation or other work in the vicinity of a utility. The risk assessment shall be submitted for government approval prior to any excavation or other work in the vicinity of a utility. A risk assessment shall be completed for each definable feature of work encountering utilities and shall include all utilities anticipated to be encountered.

GC-8. FIRE PREVENTION AND PROTECTION

The Contractor shall comply with all fire prevention measures prescribed in the APG installation fire regulations, a copy of which is on file in the office of the COR. A written fire permit shall be obtained by the Contractor for use of open flame devices, such as blow torches, portable furnaces, tar kettles, or gas and electric welding and cutting equipment from the APG Fire and Emergency Services Division (F&ESD), of the Directorate of Safety, Health, and Environment (DSHE). The Contractor shall be liable for any fire damage to Government property attributable to negligence on the part of the Contractor, including failure to comply with fire prevention measures prescribed by terms of this contract.

Contractors may call the F&ESD at (410) 306-0572/0573 for on-site inspection, or report to Building 2200, Aberdeen Boulevard, to receive specific fire instructions if in the Aberdeen Area. Edgewood Area contractors should call (410) 436-4451 or 436-4452, or visit Building E-5180.

GC-9. FUEL BURNING EQUIPMENT

Fuel burning equipment under this contract such as boilers, furnaces, water heaters, etc. will be supplied with Reasonably Available Control Technology (RACT) which reduces emission of nitrogen oxides (NOx). Manufacturers offer low NOx burners as optional items on their equipment. These low NOx burners shall be selected and their price included in the Contractor's bid.

GC-10. HAZARDOUS AREA WORK PERMITS

a. Where a work site is included in an area known, or suspected, to contain hazardous materials, a Hazardous Area Work Permit (HAWP) will be included in the specification after the section "Statement of Work". A copy of the permit shall be posted by the Contractor in full view at the work site. The Contractor shall be responsible to inform all his personnel and assure they conform to the special requirements directed by the permit.

This conformance shall be monitored by the installation DSHE.

Section 01 00 00 Page 5

Non-conformance shall result in a work stoppage until the situation is corrected, at no expense to the Government. Continued instances of non-conformance may result in contract termination.

b. Hazardous materials include, but are not limited to, National Priority List (Comprehensive Environmental Response Compensation and Liability Act (CERCLA)), chemical surety materials, hazardous chemicals, carcinogens, asbestos, explosives, radioactive materials, etc. These hazardous materials may be encountered at work sites at Aberdeen Proving Ground.

c. When a HAWP is not included with the specification, the work site is in an area not known or suspected to contain hazardous materials. However, during operations such as excavation or demolition, materials may be uncovered which could be hazardous (e.g. asbestos). If Contractor personnel should encounter materials, either known hazardous materials or unrecognized materials, they should stop work in that area immediately, and notify the Installation Safety Office at 410 306-1095/1096/1097 for work in the Aberdeen Area, or 410 436-4839 for work in the Edgewood Area, and the COR. Work may be resumed after identification of the material, and notification of work constraints, if any, caused by the materials.

GC-11. LYME DISEASE WARNING

The Contractor is responsible for ensuring that his or her personnel take all reasonable precautions to avoid contracting Lyme Disease, to include:

using repellents, wearing personal protective clothing and avoiding the wear of abbreviated clothing such as shorts, cutoffs, short sleeve shirts, tee shirts and sandals in areas where tick borne diseases are endemic.

Particular attention must be given to ticks and Lyme Disase prevention when working in grassy and wooded areas on Aberdeen Proving Ground.

GC-12. MARYLAND DEPARTMENT OF ENVIRONMENT (MDE) PERMITS

a. See Section 01 30 00 ADMINISTRATIVE REQUIREMENTS subparagraph "1.10

PERMITS."

b. The Contractor is responsible to comply with all provisions of the permit(s). Non-compliance shall result in the issuance of a stop-work order from the Contracting Officer, and work shall not be allowed to resume until corrective actions have been taken.

GC-13. REFRIGERANT MANAGEMENT

In line with federal environmental laws and regulations regarding the handling of chlorofluorocarbon (CFC) and hydrochlorofluorocarbon (HCFC) refrigerants, the following shall apply:

a. The Contractor shall not intentionally vent any refrigerants to the atmosphere.

b. When performing work requiring the opening of existing air conditioning or refrigeration systems, the refrigerants shall be recovered using EPA-approved recovery or recovery/recycle equipment and storage vessels.

c. On systems to be reused after completion of work, the Contractor shall install new or reclaimed refrigerant. All current systems using CFC refrigerants should, unless otherwise specified, be considered for

Section 01 00 00 Page 6 modification to allow use of an alternative HCFC.

d. New or replacement air conditioning/refrigeration equipment shall be installed with specified HCFC refrigerants. No refrigerant shall be used having an Ozone Depletion Potential (ODP) equal to or greater than 0.05 (based on R-11 = 1.0).

e. Refrigerant recovered and not to be reused shall be properly labeled as "Recovered Refrigerant", with the type (R-11, R-12, etc.) indicated, and turned over to the COR.

f. See also Section 01 57 20, ENVIRONMENTAL PROTECTION.

GC-14. SAFETY

a. See Section 01 35 29, SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS for full requirements. All operations performed must be in accordance with OSHA 29 CFR 1910 and 1926, and the Code of Maryland (COMAR), including the High Voltage Act. In those instances where Army regulations are more stringent, the Army regulations shall apply. Applicable Army Safety Regulations include, but are not limited to:

(1) AR 385-10, The Army Safety Program;

(2) AMCR 385-100, Safety Manual;

(3) APGR 385-4, The APG Safety Program; and

(4) EM 385-1-1, U.S. Army Corps of Engineers Safety and Health Requirements Manual.

Regulations are maintained in the APG Installation Safety Division (ISD) library, Building 4304 (Aberdeen Area) and Building E-4430 (Edgewood Area) and are available for review upon request.

b. In accordance with contractual requirements, each Contractor must appoint a safety representative/competent person to ensure compliance with safety regulations and to act as liaison between the Contractor and ISD.

ISD personnel will be available for regulatory compliance advice on any particular safety problem that may arise during normal course of operation.

c. Before work under the contract is started, the Contractor's safety representative shall report to the APG Installation Safety Division, DSHE located in Building 4304 for familiarization with safety requirements. The safety representative shall maintain an accurate record of and shall report to the Installation Safety Division exposure data and accidents resulting in death, traumatic injury, occupational disease and/or damage to property, materials, supplies and equipment incident to work performed under the contract.

d. The Contracting Officer shall notify the Contractor of any noncompliance with the foregoing provisions and action to be taken. The Contractor shall, after receipt of such notices, immediately correct the conditions. Such notice, when delivered to the Contractor of his representative at the site of work, shall be deemed to be sufficient for this purpose. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time

Section 01 00 00 Page 7 lost due to any such stop order shall be made subject of claim for excess costs or damages by the Contractor.

e. No confined space work shall be performed without appropriate monitoring and approval of an entry permit under provisions of 29 CFR

1910.146 and APG Regulation 385-4.

GC-15. SUBMITTAL REGISTER AND PROGRESS SCHEDULES

See Sections 01 33 00 SUBMITTAL PROCEDURES and 01 32 01 PROJECT SCHEDULE for full requirements. Contractor shall prepare a register of all items required to be submitted under the contract. The Contractor shall prepare a schedule in accordance with Contract Clause entitled "Schedule For Construction Contracts" (FAR 52.236-15) which shows milestones and intervals for contract completion. The register and schedule shall be delivered to the Contracting Officer within ten calendar days after the Contractor's receipt of "Notice to Proceed".

GC-16. UNABSORBED OVERHEAD DELAY DAMAGES

a. Compensation for unabsorbed overhead in the event of a compensable delay during which the Contractor is forced to stand by, whether calculated by the Eichleay Formula or any other method, is not automatic. During any such delay, it is the duty of the Contractor to seek out new contracts or additional work opportunities to mitigate delay damages. To substantiate entitlement to unabsorbed overhead damages, the Contractor must first demonstrate the nature of the delay made it impractical to mitigate delay damages by undertaking new work.

b. In submitting any claim for delay damages for unabsorbed overhead, regardless of length of delay, the Contractor must list all work performed during the delay period. This list shall include date of each contract or agreement, the period of performance and any other information required by the Contracting Officer.

c. No compensation for unabsorbed overhead will be payable except for under absorption caused by the compensable delay. In submitting any claim for delay damaged for unabsorbed overhead, the Contractor must prove all opportunities, prime or sub-contract or bonded or unbonded, it could have undertaken but for the delay. The parties to this contract agree that if no additional work opportunities arise during any delay period in excess of 14 days, under absorption of overhead would be caused by lack of opportunity and not the delay under this contract. In the absence of opportunity to take on additional work, the Contractor will be entitled to no additional unabsorbed overhead costs under this contract.

d. In the event new work opportunities do arise during a compensable delay, the Contractor will provide notice to the Contracting Officer of such new contracts of other additional work opportunities as they become available during the delay period. The Government will be liable for no unabsorbed overhead costs that arise during the delay period in the absence of an opportunity to adjust the performance schedule to enable avoidance of such costs.

GC-17. UTILITY OUTAGES

Section 01 00 00 Page 8

a. General: All utility service outages shall be at the convenience of the Government, and will normally be scheduled during off-duty hours or weekends. Outages shall be requested in writing to the Contracting Officer no less than three weeks (21 days) in advance.

The request shall give the following information:

1. Type of utility (Gas, L.P. or H.P., Water, Etc.)

2. Size of line and location of shutoff.

3. Buildings and services affected.

4. Hours and date of shutoff.

5. Estimated length of time service will be interrupted.

Services will not be shut off until receipt of approval of the proposed hours and date from the Contracting Officer.

b. Electrical: Work on high voltage primary lines shall be accomplished while lines are de-energized and grounds are in place. If, due to extenuating circumstances, this is not practical, permission may be requested through the COR, in writing, to allow work while energized or hot. If permitted, Contractor shall be subject to all OSHA requirements for equipment and worker protection.

c. Water: Operation of valves on water mains will be by Government personnel. Where shutoff of water lines interrupts service to fire hydrants or fire sprinkler systems, the Contractor shall arrange his operations and have sufficient material and personnel available to complete the work without undue delay or to restore service without delay in event of emergency.

d. Gas: Flow in gas mains which have been shut off shall not be restored until the Government inspector has determined that all items serviced by the gas line have been shut off.

GC-18. WARRANTIES

The Contractor shall warranty all materials and workmanship in accordance with Contract Clause (FAR 52.246-21), "WARRANTY OF CONSTRUCTION." Before final acceptance, the Contractor shall provide to the COR a list showing all products and installed equipment that are covered by warranties, and the length of time the warranty is in effect.

GC-19. WATER SUPPLY

Any temporary or permanent connection to the potable water supply shall be separated by a vacuum breaker or appropriate backflow prevention device in accordance with the National Plumbing Code and the American Water Works Association.

GC-20. WORKING HOURS

Unless otherwise specified, work under the contract shall be performed

Section 01 00 00 Page 9 during the hours from 7:30 a.m. to 5:00 p.m., local time, Mondays through Fridays, federal holidays excepted. Every other Friday is a scheduled regular day off. On workday Fridays the hours are from 7:30 a.m. to 4:00 p.m. Prior to performing work during hours other than those specified, the Contractor shall obtain the permission of the Contracting Officer or his authorized representative. Normally, requests for permission to work during hours other than those specified shall be submitted no less than 24 hours prior to the time the Contractor desires to perform such work.

GC-21. AVAILABILITY OF UTILITIES INCLUDING LAVATORY FACILITIES

It shall be the responsibility of the Contractor to provide all utilities he may require during the entire life of the contract. He shall make his own investigation and determinations as to the availability and adequacy of utilities for his use for construction purposes and domestic consumption.

He shall install and maintain all necessary supply lines, connections, piping, and meters if required, but only at such locations and in such manner as approved by the Contracting Officer. Before final acceptance of work under this contract, all temporary supply lines, connections and piping installed by the Contractor shall be removed by him in a manner satisfactory to the Contracting Officer.

GC-22. WORKSITE APPEARANCE AND SECURITY

Contractor shall maintain worksite to be reasonably neat in appearance.

This shall be done by daily cleanups of dust, construction debris, etc. at the end of the workshift. Contractor tools and materials shall be secured by the Contractor under lock and key.

-- End of Section --

Section 01 00 00 Page 10

SECTION 01 11 00

SUMMARY OF WORK

PART 1 GENERAL

1.1 WORK COVERED BY CONTRACT DOCUMENTS

1.1.1 Project Description

The work includes the construction of an approximately 4.5 mile track that will be used for evaluating the performance of various types of military vehicles.

1.1.2 Location

The work shall be located at the U.S. Army Aberdeen Test Center (ATC) located at Aberdeen Proving Ground, Aberdeen, Maryland.

1.2 LIMIT OF DISTURBANCE

The Limit of Disturbance shall constitute the Contractor's work limit.

Contractor operations outside this limit is prohibited and will be strictly enforced.

1.3 GOVERNMENT-FURNISHED MATERIALS

The Government will provide all subbase material, woodchips, and topsoil required for the contract work.

1.4 EXCAVATION PERMIT

The Contractor shall obtain an excavation permit in accordance with Aberdeen Proving Ground Regulation (APGR) 385-7, included as Section 00840.

The Contractor shall conduct all utility location measures and notifications as required therein.

1.5 MAGNETOMETER SWEEPS

See Section 01 00 00 GENERAL CONDITIONS for requirement to sweep all excavations.

1.6 TEST SECTION

See Section 32 11 16 DENSE GRADED AGGREGATE (DGA) AND SUBBASE MATERIALS for the requirement to construct two 50-linear foot test sections.

1.7 EXISTING MONITORING WELLS

Existing monitoring wells, located in the footprint of the project, will be abandoned at final grade by others.

1.8 PHILLIPS AIRFIELD

The Phillips Airfield will remain in operation during the entire construction period. The Contractor shall conduct his operations so as to cause no interference with the Airfield's normal operations.

Section 01 11 00 Page 1

There shall be continous access to the Airfield via Bush River Road at all times during the contract period. The Contractor shall provide a temporary access road adjacent to Crossing #1 during the construction of Crossing #1.

The Contractor shall not use the Airfield for transporting (flying in) personnel, equipment, and/or materials to the job site.

To allow for work at the end of Runway 4, both the track construction and the overrun area reconstruction, the threshold will be temporarily displaced by the Government. This will be initated following award of the contract and review and approval of the Contractor's project schedule. The Contractor shall complete all work, which requires this temporary displacement, in an expedited manner, so to minimize this requirement.

The Contractor shall be required to maintain two-way radio contact at all times with the Control Tower and/or Operations Center. See Section 01 05 00 JOB CONDITIONS, paragraph entitled AIRFIELD SAFETY PRECAUTIONS for additional requirements associated with working in and about the airfield.

Information regarding aircraft operational areas, and temporary Government displaced thresholds, including requirements for Access, Storage, Parking and Safety are included in Section 00855 Automotive Technology Evaluation Facility (ATEF) Construction Protocol and Operational Safety Around Phillips Army Airfield (PAAF).

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

Section 01 11 00 Page 2

SECTION 01 30 00

ADMINISTRATIVE REQUIREMENTS

PART 1 GENERAL

1.1 SUBMITTALS

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

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Title Evidence

Proof of purchase for equipment and/or materials.

Invoice Copies

Proof of rental equipment costs.

Payment Evidence

Proof of full payment.

SD-03 Product Data

Cost or Pricing Data

Proof of actual equipment costs.

Equipment Data

An itemized list of serial/model numbers and equipment installed by the Contractor under this contract.

SD-10 Operation and Maintenance Data

O and M Data

A list of proposed maintenance and instruction manuals that is mainly used for but not limited to customized equipment.

1.2 PAYMENTS TO CONTRACTORS: (NOV 1976)

For payment purposes only, an allowance will be made by the Contracting Officer of 100 percent of the invoiced cost of materials or equipment delivered to the site but not incorporated into the construction, pursuant to the Contract Clause entitled "PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS". The Contracting Officer may also, at his discretion, take into consideration the cost of materials or equipment stored at locations other than the jobsite, when making progress payments under the contract. In order to be eligible for payment, the Contractor must provide satisfactory evidence that he has acquired title to such material or equipment, and that

Section 01 30 00 Page 1 it will be utilized on the work covered by this contract. Further, all items must be properly stored and protected. Earnings will be computed using 100% of invoiced value. (CENAB-CO-E)

1.3 PURCHASE ORDER: (SEP 1975)

One readable copy of all purchase orders for material and equipment, showing firm names and addresses, and all shipping bills, or memoranda of shipment received regarding such material and equipment, shall be furnished the appointed Contracting Officer's Representative as soon as issued. Such orders, shipping bills or memoranda shall be so worded or marked that all material and each item, piece or member of equipment can be definitely identified on the drawings. Where a priority rating is assigned to a contract, this rating, the required delivery date, and the scheduled shipping date shall also be shown on the purchase order. At the option of the Contractor, the copy of the purchase order may or may not indicate the purchase price. (CENAB-CO-E)

1.4 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (EFARS 52.0231.5000

(OCT 1995))

(a) This clause does not apply to terminations. See 52.249-5000, Basis for settlement of proposals and FAR Part 49.

(b) Allowable cost for construction and marine plant and equipment in sound workable conditions owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual costs data for each piece of equipment or groups of similar serial and services for which the government can determine both ownership and operating costs from the contractor’s accounting records. When both ownership and operating costs can not be determined for any piece of equipment or groups of similar serial or series equipment from the contractor’s accounting records, costs for that equipment shall be based upon the applicable provisions of EP1110-1-8 Construction Equipment Ownership and Operating Expenses Schedule, Region East. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply.

For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d) (ii) and Far 31.205-36. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established proactive of leasing the same or similar equipment to unaffiliated leasees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the small purchase threshold, the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

CENAB-CT/SEP 95 (EFARS 52.231-5000)

Section 01 30 00 Page 2

1.5 O and M DATA: (JUL 1979)

The requirements for furnishing operating and maintenance data and field instruction are specified elsewhere in the specifications. The Contractor shall submit to the Contracting Officer, at a time prior to the 50% project completion time, a list of proposed maintenance and instruction manuals to be furnished the Government and the scheduled dates of all required field instructions to be provided by Contractor furnished personnel or manufacturer's representatives. All maintenance and instruction manuals must be furnished to the Contracting Officer at least 2 weeks prior to the scheduled dates of any required Contractor furnished field instructions or at least one month prior to project completion if no Contractor furnished field instructions are required. (CENAB)

1.6 HOT-WORK PERMIT

A hot-work permit, DA Form 5383-R (copy attached to the end of this section), must be submitted to the post DPW before using heat-producing equipment. Additional instructions are found on attached "[NAME OF INSTALLATION] Fire Department Pre-Construction Conference Report" form, which also includes a requirement to attend a briefing conference and provide a signature acknowledging receipt of briefing. See Section 01 35 29 SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS for additional requirements.

1.7 PERFORMANCE AND PAYMENT BOND REIMBURSEMENT: (MAY 1983)

The Government will reimburse the Contractor for the entire amount of premiums paid for Performance and Payment Bonds (including coinsurance and reinsurance agreements when applicable) at the contract lump sum amount under the Unit Price Schedule Item No. 01000-1, entitled "Reimbursement of Performance and Payment Bonds." Such payment will be made only after the Contractor furnishes to the Government evidence of full payment to the surety. In no case will any payment be made by the Government for reimbursement of Performance and Payment Bonds exceeding that amount bid by the Contractor under the aforementioned Unit Price Schedule Item. (CENAB)

1.8 NEGOTIATED MODIFICATIONS: (OCT 84)

Whenever profit is negotiated as an element of price for any modification to this contract with either prime or subcontractor, a reasonable profit shall be negotiated or determined by using the OCE Weighted Guidelines method outlined in EFARS 15.902. (Sugg. NAB 84-232)

1.9 PARTNERING: (NOV 92)

In order to most effectively accomplish this contract, the Government proposes to form a cohesive partnership with the contractor. Key players within this partnership may also include subcontractors, users, operators, tenants or other parties deemed appropriate by the Government and contractor. This partnership would strive to draw upon the strengths of each organization and a system of superior real time communications that will be developed by the partners in an effort to achieve a quality product, on time and within budget. This partnership would be developed bilaterally and participation will be totally voluntary. Costs associated with effectuating this partnership will be absorbed by the parties as an alternate method of normal contract administration activities with no change in contract price. Activities are expected to include one or more brainstorming sessions among potential partners pursuant to a Memorandum-Of-Understanding that will detail the bylaws of operation.

Section 01 30 00 Page 3

By-laws will establish, for example, an effective means of addressing clarifications or issues that may develop during the construction process, to include real time Alternate Dispute Resolution procedures to effectively address those issues that are not more readily resolved. Effective Partnering is expected to be beneficial to all parties. (CENAP)

1.10 PERMITS

The permits listed below have been obtained by the Government or are in the approval process and may require additional action by the Contractor to become complete. After final approvals by the respective state agencies are received, the Government will furnish approval letters and permits to the Contracting Officer who will furnish the Contractor all such permits before or during construction. The Contractor shall abide by all permit requirements.

a. Erosion and Sedimentation (E&S) Control Plan: The E&S control plans were submitted to the Maryland Department of the Environment (MDE). See drawings for the current proposed plan. The approved plan will be provided upon receipt of approvals.

b. Stormwater Management (SWM) Plan: The SWM Plans were submitted to the Maryland Department of the Environment. Approval will be obtained prior to Contractor commencing construction.

c. Notice of Intent (NOI) to comply with the General Permit for construction activities in accordance with EPA's National Pollution Discharge Elimination System (NPDES) stormwater management program: The NOI form will be completed and approved by MDE and a copy of the general permit will be provided to the Contractor. Upon the issuance of the Notice to Proceed to the Contractor, a Transfer of Authority form will be prepared by the COE project designer and routed through the Contracting Officer to the Contractor. The Contractor shall return the signed Transfer of Authority form to the COE designer through the Contracting Officer who shall forward it to MDE. At completion of the construction contract the Contractor shall complete a Notice of Termination (NOT) form and furnish it to MDE through the Contracting Officer notifying that agency of the end of construction.

d. Nontidal Wetlands and Waterways Permit from Maryland Department of the Environment (MDE) and Department of the Army permit are both attached to this section.

PART 2 PRODUCTS

PART 3 EXECUTION

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SECTION 02 01 00

UNEXPLODED ORDNANCE (UXO) DETECTION, PRELIMINARY IDENTIFICATION AND REMOVAL

COORDINATION

PART 1 GENERAL

1.1 BACKGROUND

This project is sited in the Aberdeen Area (AA) or the Edgewood Area (EA) of Aberdeen Proving Ground. The construction "Statement of Work" lists the location of this project. Exact past usage of the area regarding Unexploded Ordnance (UXO) (impact area, burial site, etc.) is unknown.

Since the history of the site is incomplete, it cannot be assumed to be free of subsurface UXO. The surface of the entire ATEF track footprint was swept and cleared of UXO to a depth of two (2) feet below existing grade (The report is attached to this section). Below this level, at every two feet of cut (to 10 feet below grade), the Contractor shall be required to sweep all areas where drilling, excavation, digging, trenching or other earth disturbances are required. These areas shall be swept with geophysical remote sensing tools/instruments by pre-approved and certified Explosive Ordnance Disposal (EOD) personnel employed by the contractor.

The geophysical tools may include seismic methods, metal detection, magnetometry, ground penetrating radar, resistivity and geophysical diffraction tomography. The tools used must be able to clear for both ferrous and nonferrous metals must be suitable for the field conditions, and capable of locating material as small as 20mm ordnance at a depth of two feet. During construction the Contractor shall take appropriate action regarding the presence of UXO, as listed below.

1.2 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

EP 1110-1-18 (24 Apr 2000) Ordance and Explosives Response

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

29 CFR 1910.120 Hazardous Waste Operations and Emergency Response

1.3 SUBMITTALS

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

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

EOD organization; G, AR

Section 02 01 00 Page 1

Submit the name, address and telephone number of the EOD organization to be utilized within 5 days after the notice to proceed.

Site Specific Health and Safety Plan; G, AR

Submit a site specific health and safety plan within 7 days after the notice to proceed and prior to the start of work.

SD-09 Manufacturer's Field Reports

Final UXO Findings Report

Submit six copies of a final UXO findings report for each site completed.

1.4 UXO CONSIDERATIONS

1.4.1 General

Removal and disposal of UXO is not a part of this specification. The intent is to assure that all possible efforts to detect and identify the presence of UXO are performed. The potential for UXO on this site is unknown, however due caution must be exercised to ensure that construction and excavation are accomplished with due regard for the potential presence of UXO.

1.4.2 UXO Detection

When UXO is detected and identified as potentially loaded with explosives, chemicals, propellant or pyrotechnics, or when the buried object is exposed and cannot be identified as non-UXO, the contractor shall coordinate through the Contracting Officers Representative (COR) with the Government Emergency Response Authorities and the Directorate of Safety, Health and Environment (DSHE) Installation Safety Division. The location of the object shall be marked with a yellow survey marker flag, all activities on the site shall cease, and all personnel shall evacuate to a safe observation limit. The EOD contractor shall maintain site access control and ensure personnel safety until the Government Emergency Response Authorities arrive and take control of the site. The contractor must supply the Global Positioning System (GPS) coordinates for each item to the Installation Safety Division upon arrival of the Emergency Response Team.

The GPS coordinates of each item must also be noted in the final report.

The contractor shall allow the Government EOD personnel sufficient time to complete field evaluation, render safe, recover and dispose of UXO, per incident, when UXO is detected and identified.

1.4.3 UXO REPORTING PROCEDURES

The EOD contractor shall notify the government Emergency Response Authority and the Installation Safety Division by dialing:

In the Aberdeen Area (AA):

Emergency Response: Government phone dial 911 Cell or non-government phone 410-278-7220 AA Safety Office: Government phone dial 4-1095/1096 Cell /non-government phone 410-306-1095/1096 Alternate EA Safety Office: Government phone 5-3157/3660

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