SPECIFICATIONS.pdf

US Army Corps of Engineers Baltimore District

CONSTRUCTION

SPECIFICATIONS

SPILLWAY 1

MODIFICATION

PAUL S. SARBANES ECOSYSTEM

RESTORATION PROJECT,

POPLAR ISLAND, TALBOT COUNTY,

MARYLAND

INVITATION NO: W912DR-16-B-0013

CONTRACT NO.

DATE: APR 28, 2016

2016 SPILLWAY 1 MODIFICATION, POPLAR ISLAND, TALBOT CO., MD POP1STRFY16

PROJECT TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00 ADMINISTRATIVE REQUIREMENTS

01 05 00 JOB CONDITIONS

01 20 00 WARRANTY REQUIREMENT

01 32 00 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 01.10 USACE QUALITY CONTROL SYSTEM (QCS)

01 45 10 CONTRACTOR QUALITY CONTROL

01 51 00 TEMPORARY CONSTRUCTION ITEMS

01 56 10 ENVIRONMENTAL PROTECTION

01 57 20 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

01 67 00 RECYCLED / RECOVERED MATERIALS

01 72 00 AS-BUILT DRAWINGS - CADD

DIVISION 02 - EXISTING CONDITIONS

02 41 00 DECONSTRUCTION

DIVISION 03 - CONCRETE

03 29 31 PLUGGING ABANDONED SPILLWAY PIPES

DIVISION 05 - METALS

05 12 00 STRUCTURAL STEEL

DIVISION 33 - UTILITIES

33 01 98 SLIP LINING OF EXISTING PIPING FOR EMBANKMENT APPLICATIONS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 16 SLUICE GATES

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION 01 00 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.

Photographs

Photographs and, as applicable, negatives showing construction progress.

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-05 Design Data

Progress Schedule; G AR.

A schedule that shows the manner in which the Contractor intends to prosecute the work.

SD-10 Operation and Maintenance Data

O and M Data

A list of proposed maintenance and instruction manuals that is mainly used

SECTION 01 00 00 Page 1 for but not limited to customized equipment.

1.2 PROGRESS SCHEDULING AND REPORTING (DEC 1998)

1.2.1 Practicable Progress Schedule

The Contractor shall, within 20 days after date of commencement of work or as otherwise determined by the Contracting Officer, submit for approval a practicable progress schedule in accordance with specification Section 01 32 00 PROJECT SCHEDULE showing the manner in which he intends to prosecute the work.

1.2.2 Software Package

The Contractor shall utilize an industry recognized QCS-W compatible scheduling software package to implement the requirements of Section 01 32 00 PROJECT SCHEDULE. The program and data must be IBM PC compatible in a Window environment. These requirements are not intended to restrict the Contractors selection of an automated scheduling system but to establish a format which will allow use of the same program with government computers and automated information systems. The Contractor will provide at least one program installation and maintenance on government hardware complete with all program and data files. Such installation shall be maintained for the duration of the project until fiscal completion and shall allow analysis and of the project schedule by government personnel or agents. The Contractor will be required to submit a submittal register, transmittal log and schedule that is compatible with the Corps of Engineers Quality Control System for Windows (QCS-W). The submittal register can be made available by the Corps of Engineers.

1.3 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 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)

1.4 IDENTIFICATION OF EMPLOYEES: (OCT 1983)

Each employee assigned to this project by the Contractor and subcontractors shall be required to display at all times, while on the project site, an approved form of identification provided by the Contractor, as an authorized employee of the Contractor/subcontractor. In addition, on those projects where identification is prescribed and furnished by the Government, it shall be displayed as required and it shall immediately be returned to the Contracting Officer for cancellation upon release of the assigned employee and or completion of project. (CENAB)

SECTION 01 00 00 Page 2

1.5 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)

1.6 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)

1.7 REAL PROPERTY EQUIPMENT DATA: (APR 1975)

At or before the time of completion of the contract, the Contractor shall submit to the Contracting Officer a complete itemized list, including serial and model number where applicable, showing the unit retail value of

SECTION 01 00 00 Page 3 each Contractor furnished item of mechanical, electrical and plumbing equipment installed by the Contractor under this contract. For each of the items which is specified herein to be guaranteed for a specified period from the date of acceptance thereof, either for beneficial use or final acceptance, whichever is earlier, against defective materials, design, and workmanship, the following information shall be given: the name, address and telephone number of the Subcontractor, Equipment Supplier, or Manufacturer originating the guaranteed item. The list shall be accompanied by a copy of the specific guarantee document for each item which is specified herein to be guaranteed if one had been furnished to the Contractor by the Equipment Supplier or Manufacturer. The Contractor's guarantee to the Government of these items will not be limited by the terms of any manufacturer's guarantee to the Contractor. Baltimore District NADB Form 1019 may be utilized for the itemized listing and will be made available to the Contractor upon request. (CENAB-CO-E)

1.8 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)

1.9 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)

1.10 PHOTOGRAPHS

Provide monthly, and within one month of the completion of work, digital photographs in JPEG file format showing the sequence and progress of work.

Take a minimum of ten digital photographs prior to the seventh day of each month of views and points located by the Contracting Officer. Submit a view location sketch indicating points of view. Submit with the monthly invoice two sets of digital photographs each set on a separate CD-R, cumulative of all photos to date. Photographs for each month shall be in a separate monthly directory and each file shall be named to indicate its location on the view location sketch. The view location sketch shall also be provided on the CD as digital file. All file names shall include a date designator. (CENAB-EN)

1.11 PARTNERING: (NOV 92)

In order to most effectively accomplish this contract, the Government is willing to form a cohesive partnership with the Contractor and its subcontractors. This partnership would strive to draw on the strengths of each organization in an effort to achieve a quality project done right the first time, within budget and on schedule. This partnership would be

SECTION 01 00 00 Page 4 bilateral in make-up and participation will be totally voluntary. Any cost associated with effectuating this partnership will be agreed to by both parties and will be shared equally with no change in contract price.

(CENAB-EN-DT)

PART 2 PRODUCTS

NOT APPLICABLE

PART 3 EXECUTION

NOT APPLICABLE

-- End of Section --

SECTION 01 00 00 Page 5

SECTION 01 05 00

JOB CONDITIONS

PART 1 GENERAL

1.1 LAYOUT OF WORK

LAYOUT OF WORK: (NOV 1993) The Contractor shall layout its work from Government established base lines and bench marks indicated on the drawings, and shall be responsible for all measurements in connection with the layout. The Contractor shall furnish, at his own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the work. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer. The Contractor shall also be responsible for maintaining and preserving all stakes and other marks established by the Contracting Officer until authorized to remove them. If such marks are destroyed by the Contractor or through its negligence before their removal is authorized, the Contracting Officer may replace them and deduct the expense of the replacement from any amounts due or to become due the Contractor. (CENAB)

1.2 PHYSICAL DATA: (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation or conclusion drawn from the data or information by the Contractor. (CENAB)

1.2.1 Transportation Facilities

The work site is accessible by water only. The Contractor shall make his own investigation of transportation facilities in the vicinity of the work.

1.2.2 Explorations

The physical conditions indicated on the drawings and in the specifications are the result of site investigations by surveys.

1.2.3 Weather Conditions

Complete weather records and reports may be obtained from the U.S. Weather Bureau. The Contractor shall satisfy himself as to the hazards likely to arise from weather conditions during the construction period. The site of work is exposed, and suspension of work may at times be necessary during storm periods. The Contractor should anticipate the possible infrequent approach of tropical and subtropical storm systems, including hurricanes between Jun 01 and Dec 01. The Contractor should anticipate possible ice conditions at the work site from December through March. The Contractor should determine the effect that currents and wave action will have on construction operations. The mean range of tide (Mean High Water - Mean

SECTION 01 05 00 Page 1

Low Water) and the Great Diurnal Range of tide (Mean Higher High Water - Mean Lower Low Water) at Poplar Island are 1.1 feet and 1.5 feet, respectively.

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. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Shut Down Utility Services; G AR.

Prior approval for service/utility interruptions.

Advance Notice

When changes and/or relocations are required.

Checklist; G AR

A Risk Assessment for excavation and other work in the vicinity of utilities.

Control Records

The recording for which all materials and equipment specified to be salvaged and turned over to the Government.

SD-05 Design Data

Survey Data; G AR

The establishing of bench marks and horizontal control points.

Quantity Surveys

The furnishing of all original field notes and all other records relating to the survey or to the layout of the work.

1.4 UTILITIES

1.4.1 Availability of Utilities Including Lavatory Facilities: (JUN 1980)

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. (CENAB)

SECTION 01 05 00 Page 2

1.4.2 Existing Poplar Island Wells

The water produced from the existing Poplar Island wells is not cleared for human consumption.

1.5 DISPOSAL OF EXISTING MATERIAL AND EQUIPMENT: (DEC 1975)

All removed, dismantled or demolished material and/or equipment including rubble, scrap and debris not specified or indicated to be Government salvaged, 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. (CENAB)

1.6 COMPLIANCE WITH ISLAND REGULATIONS: (JUL 1980)

The site of the work is on a working island and all rules and regulations issued by the Contracting Officer and Resident Engineer covering general safety, security, sanitary requirements, pollution control, traffic regulations and parking, shall be observed by the Contractor. Information regarding these requirements may be obtained by contacting the Contracting Officer, who will provide such information or assist in obtaining same from appropriate authorities. (MEMO)

1.7 MAINTENANCE OF ACCESS: (DEC 1975)

The Contractor shall not block passage through roads during performance of work under this contract. (CENAB)

1.8 PROTECTION OF GOVERNMENT PROPERTY AND PERSONNEL: (DEC 1975)

1.8.1 Protection of Equipment

All existing Government owned equipment within the work area shall be protected by the Contractor from damage caused by construction operations.

As a minimum, the Contractor shall protect such items from any damage due to dust, vibration, water, heat or other conditions resulting from construction activities. Existing work damaged by construction operations shall be promptly repaired by the Contractor at his own expense.

1.8.2 Protection of Personnel

The Contractor shall protect occupants of the nearby building and employees by installing safety rails and/or barricades as applicable to prevent injury from unauthorized entry of personnel into work areas. Warning signs shall be erected as necessary to indicate Construction areas or hazardous zones. Work shall proceed in such manner as to prevent the undue spread of dust and flying particles.

1.8.3 Measures to Prevent Damage/Injury

The Contractor shall take such additional measures as may be directed by the Contracting Officer to prevent damage or injury to Government property or personnel. (CENAB)

1.9 ORDER OF WORK AND COORDINATION WITH OTHER CONTRACTORS: (FEB 1979)

The Contractor is advised that other Contractors and the Maryland Environmental Service(MES) are likely to be performing work in adjacent

SECTION 01 05 00 Page 3 unloading, storage, dredging, and discharge areas. Such work may include but not be limited to dike maintenance and stockpiling. The Contractor shall be responsible for coordinating his activities with the other Contractors and the Maryland Environmental Service to avoid interference with each other's operations. After award of this contract a meeting will be held with all contractor representatives and the Contracting Officer to develop a plan of work coordination. In case of disagreement regarding use of an area the decision of the Contracting Officer will control. (CENAB)

1.10 ASBESTOS HANDLING AND REMOVAL (FEB 85)

Through site investigations, friable asbestos has not been found, however if asbestos is encountered, its testing, removal and disposal is covered in "CHANGES" clause of the Contract Clauses. (CENAB)

1.11 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.11.1 Procedure for Determination

This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance the contract clause entitled "Default: (Fixed Price Construction)". In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

a. The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

b. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.

1.11.2 Anticipated Adverse Weather Delays

The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

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

7 6 6 7 7 6 4 5 3 5 4 4

1.11.3 Impact

Upon acknowledgment of the Notice to Proceed (NTP) and continuing

SECTION 01 05 00 Page 4 throughout the contract, the contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the contractor's scheduled work day. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph "Anticipated Adverse Weather Delays", above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled "Default (Fixed Price Construction)".

1.12 WORKING HOURS

Regular working hours shall consist of an 8 1/2 hour period established by the Contractor Officer, between 7 a.m. and 3:30 p.m., Monday through Friday, and 7 a.m. to 3:30 p.m. on Saturday, excluding Government holidays.

1.12.1 Work Outside Regular Hours

Work outside regular working hours requires Contracting Officer approval.

Make application 5 calendar days prior to such work to allow arrangements to be made by the Government for inspecting the work in progress, giving the specific dates, hours, location, type of work to be performed, contract number and project title. Based on the justification provided, the Contracting Officer may approve work outside regular hours. During periods of darkness, the different parts of the work shall be lighted in a manner approved by the Contracting Officer. Make utility cutovers after normal working hours or on Saturdays, Sundays, and Government holidays unless directed otherwise.

1.12.2 Occupied and Existing Building(s)

The Contractor shall be working around existing buildings which are occupied. Do not enter the buildings without prior approval of the Contracting Officer.

1.13 LIMITS OF WORK AREAS

The limits of work areas as shown on the drawings are necessarily approximate. In case of doubt as to the actual limits of any work area, determination as to the actual limits will be made by the Contracting Officer.

1.14 ENVIRONMENTAL LITIGATION (1974 NOV OCE)

If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a Subcontractor at any tier not required by the terms of this contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor or a Subcontractor at any tier other than as required by the terms of this contract, such suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer in the

SECTION 01 05 00 Page 5 administration of this contract under the terms of the "Suspension of Work" clause of the Contract Clauses. The period of such suspension, delay or interruption shall be considered unreasonable, and an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) as provided in that clause, subject to all the provisions thereof.

The term "environmental litigation", as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or that the Government has not duly considered, either substantively or procedurally, the effect of the work on the environment. (CENAB)

1.15 SPECIAL REQUIREMENTS FOR POPLAR ISLAND ENVIRONMENTAL RESTORATION

PROJECT

1.15.1 General Information

a) The Paul S. Sarbanes Ecosystem Restoration Project at Poplar Island is a cost shared project between the U.S. Army Corps of Engineers and the State of Maryland, Maryland Port Administration.

b) Inspection of the Paul S. Sarbanes Ecosystem Restoration Project at Poplar Island prior to the Contractor's submission of bids should be coordinated with the Baltimore District, Design Team Leader, Mr. Thomas Myrah, Telephone number (410) 962-6757

c) The Contractor's attendance will be required at biweekly and other scheduled status meetings held at Poplar Island.

1.15.2 Docking Facilities

a) The Contractor will be allowed to utilize the access facilities provided at the head of the southern access channel but will be responsible for any costs for damages resulting from his operations and will promptly restore the facilities to their prior condition in the event of damage. The contractor will also be permitted to use the personnel pier for dropping off and picking up of personnel. Use of these areas for storage of equipment and/or materials will not be permitted. Any permanent mooring location and/or modification of the existing mooring facilities will be subject to the Contracting Officer's approval.

b) Berthing of Barges: The Contractor shall be responsible for providing a means of berthing barges or scows. The Station 659+00 Bulkhead may not be used for the berthing or mooring of barges without specific permission from the Contracting Officer.

The Contractor shall submit a berthing scheme as part of his operations plan, which must be approved by the Contracting Officer.

1.15.3 Storage Areas

a) All operations related to the storage of equipment and materials shall be confined to the areas as shown on the contract drawings with approval by the Contracting Officer. The Contractor shall include his requirements for storage space in his operations plan submitted for approval.

SECTION 01 05 00 Page 6

b) Temporary buildings (storage sheds, shops, offices, etc.) may be erected and utilities may be altered by the Contractor upon approval by the Contracting Officer, and shall be built with labor and materials furnished by the Contractor without expense to the Government. Such temporary buildings and utilities shall remain the property of the Contractor and shall be removed by him at his expense upon the completion of the work. Upon approval of the Contracting Officer, such buildings and utilities may be abandoned and need not be removed.

c) The Contractor shall use only established roadways or construct and use such temporary roadways as may be authorized by the Contracting Officer. Where materials are transported in the prosecution of the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross any roadways, curbs or utilities, protection against damage shall be provided by the Contractor and any damaged roadways, curbs or utilities shall be repaired promptly by, or at the expense of the Contractor.

d) The Contractor shall be responsible for any necessary maintenance or improvement, and periodic clean up of the storage areas.

1.15.4 Speed Limit

The speed limit at Poplar Island is 15 miles per hour, except where lower limits are posted. Employees shall be cautioned to slow down in the vicinity of the Operations facilities and for pipe crossings, and to watch out for heavy equipment and pedestrians. Vehicles shall be operated in a careful manner and any employee found to be operating a vehicle in a reckless manner will be denied the privilege of driving on the facility.

1.15.5 Safety and Fire Protection

All regulations regarding safety and fire protection will be complied with by the Contractor, his subcontractors, and employees. The Contractor shall familiarize himself and all personnel engaged in work under his direction, with the communication procedures for emergency, safety and hazard reporting. Bottles, cans and other trash shall be placed in trash receptacles to eliminate safety hazards and shall be removed by the Contractor. No burning will be allowed on Poplar Island.

1.15.6 Spill Containment (Fuels and Lubricants)

The Contractor must employ measures to prevent or control spills of fuels or lubricants from entering the waterway. The Contractor must submit a fuel spill control plan to the Contracting Officer for approval before commencing unloading operations, including plans for recovery of any spilled fuels or lubricants. Any spills of fuels, lubricants or other material must be reported immediately to the U.S. Coast Guard, National Response Center, Maryland Department of the Environment, Water Resources Administration, the Contracting Officer or his representative, and the Maryland Port Administration.

1.15.7 Repairs to Roads and Rights of Way

The Contractor shall be responsible for the maintenance and repair to

SECTION 01 05 00 Page 7 roads, rights of way, and other access points throughout the Contractor's performance at Poplar Island. This responsibility includes only those roads and areas which the Contractor actually uses in his operations.

Maintenance of roadways shall include the control of dust which may occur as a result of the Contractor's activities. The Contractor may employ only those methods of dust control which have been approved by the Contracting Officer.

1.15.8 Joint Inspection

A joint inspection of all facilities will be conducted by the Contractor, the Maryland Port Administration, Maryland Environmental Service, and the Contracting Officer prior to commencing operations and upon completion of operations at Poplar Island to ascertain any damages or deficiencies.

PART 2 PRODUCTS

NOT APPLICABLE

PART 3 EXECUTION

NOT APPLICABLE

ATTACHMENT

RISK ASSESSMENT CHECKLIST

SECTION 01 05 00 Page 8

SECTION 01 20 00

WARRANTY REQUIREMENT

PART 1 GENERAL

1.1 WARRANTY OF CONSTRUCTION

The Contractor shall warranty all materials and workmanship in accordance with Contract Clause (FAR 52.246-21), "WARRANTY OF CONSTRUCTION"

1.2 MANUFACTURER'S WARRANTY:

The Contractor shall provide manufacturer's warranties, when available, on all equipment for one year starting from the day of facility acceptance by the Government. Any warranty offered by the manufacturer for periods greater than one year or required by other sections of the specifications shall also be provided.

1.3 WARRANTY PAYMENT

Warranty work is a subsidiary portion of the contract work, and has a value to the Government of $5,000. The Contractor wil1 assign a value of that amount in the breakdown for progress payments mentioned in the Contract Clause (FAR 52.232-5) "Payments Under Fixed-Price Construction". If the Contractor fails to respond to warranty items as provided in paragraph CONTRACTOR'S RESPONSE TO WARRANTY SERVICE REQUIREMENTS below, the Government may elect to acquire warranty repairs through other sources and, if so, shall backcharge the Contractor for the cost of such repairs. Such backcharges shall be accomplished under the Contract Clause (FAR 52.243-4) "CHANGES" of the contract through a credit modification(s).

1.4 PERFORMANCE BOND:

The Contractor's Performance Bond will remain effective throughout the construction warranty period and warranty extensions.

1.4.1 Failure to Commence

In the event the Contractor or his designated representative(s) fail to commence and diligently pursue any work required under this clause, and in a manner pursuant to the requirements thereof, the Contracting Officer shall have the right to demand that said work be performed under the Performance Bond by making written notice on the surety. If the surety fails or refuses to perform the obligation it assumed under the Performance Bond, the Contracting Officer shall have the work performed by others, and after completion of the work, may demand reimbursement of any or all expenses incurred by the Government while performing the work, including, but not limited to administrative expenses.

1.5 PRE-WARRANTY CONFERENCE:

Prior to contract completion and at a time designated by the Contracting Officer, the Contractor shall meet with the Contracting Officer to develop a mutual understanding with respect to the requirements of this specification. Communication procedures for Contractor notification of

SECTION 01 20 00 Page 1 warranty defects, priorities with respect to the type of defect, reasonable time required for Contractor response, and other details deemed necessary by the Contracting Officer for the execution of the construction warranty shall be reviewed at this meeting. The Contractor shall provide names, addresses, and telephone numbers of all subcontractors, equipment suppliers, or manufacturers with specific designation of their area of responsibilities if they are to be contacted directly on warranty corrections. This point of contact will be located within the local service area of the warranted construction, will be continuously available, and will be responsive to Government inquiry on warranty work action and status. Minutes of the meeting will be prepared by the Government and signed by both, the Contractor and the Contracting Officer. The minutes shall become part of the contract file.

1.6 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-04 Samples

Sample Tags.

To identify the warranty for all Contractor and Government furnished equipment which the Contractor installs.

1.7 ADDITIONAL REQUIREMENTS

1.7.1 Equipment Warranty Identification Tags:

The Contractor shall provide warranty identification tags on all Contractor and Government furnished equipment which he has installed.

1.7.1.1 Format and Size for Tags

The tags shall be similar in format and size to the exhibits provided by this specification, they shall be suitable for interior and exterior locations, resistant to solvents, abrasion, and to fading caused by sunlight, precipitation. etc. . These tags shall have a permanent pressure-sensitive adhesive back, and they shall be installed in a position that is easily (or most easily) noticeable. Contractor furnished equipment that has differing warranties on its components will have each component tagged.

1.7.1.2 Sample Tags

Sample tags shall be filled out representative of how the Contractor will complete all other tags. These tags shall be submitted to the Government.

SECTION 01 20 00 Page 2

1.7.1.3 Tags for Warranted Equipment:

The tag for this equipment shall be similar to the following. Exact format and size will be as approved.

| EQUIPMENT WARRANTY |

| CONTRACTOR FURNISHED EQUIPMENT |

| MFG: ____________________ MODEL NO.: ____________________ |

| SERIAL NO.: _____________ CONTRACT NO.: ________________ |

| CONTRACTORS NAME: __________________________________________ |

| CONTRACTOR WARRANTY EXPIRES: _______________________________ |

| MFG WARRANTY(IES) EXPIRE: __________________________________ |

| EQUIPMENT WARRANTY |

| GOVERNMENT FURNISHED EQUIPMENT |

| MFG: ____________________ MODEL NO.: ______________________ |

| SERIAL NO.: _____________ CONTRACT NO.: ___________________ |

| DATE EQUIPMENT PLACED IN SERVICE: ____________________________ |

| MFG WARRANTY(IES) EXPIRES: ___________________________________ |

SECTION 01 20 00 Page 3

1.7.1.4 Execution

The Contractor will complete the required information on each tag and install these tags on the equipment by the time of and as a condition of final acceptance of the equipment. All tags shall be mechanically attached to the equipment as directed by the Contracting Officer.

1.7.1.5 Equipment Warranty Tag Replacement.

The contractor shall provide new tags on repaired or replaced equipment during the warranty period. The tag shall be identical to the original tag, except that the Contractor's warranty expiration date shall be updated to show the correct warranty experation date.

1.8 CONTRACTOR'S RESPONSE TO WARRANTY SERVICE REQUIREMENTS.

1.8.1 Notification to Warranty Service Requirements

Following oral or written notification by authorized representative of the installation designated in writing by the Contracting Officer, the Contractor shall respond to warranty service requirements in accordance with the "Warranty Service Priority List" and the three categories of priorities listed below.

1.8.1.1 Categories of Priorities

a. First Priority Code 1: Perform on site inspection to evaluate situation, determine course of action, initiate work within 24 hours and work continuously to completion or relief.

b. Second Priority Code 2: Perform on site inspection to evaluate situation, determine course of action, initiate work within 48 hours and work continuously to completion or relief.

c. Third Priority Code 3: All other work to be initiated within 5 work days end work continuously to completion or relief.

1.8.1.2 Warranty Service Priority List

ELECTRICAL:

Code 1:

a. Power failure (entire area or any building operational after 1600 hours).

1.8.2 Availability of Required Parts

Should parts be required to complete the work and the parts are not immediately available the Contractor shall have a maximum of 12 hours after arrival at the job site to provide authorized representative of the installation with firm written plan for emergency alternatives and temporary repairs for Government participation with the Contractor to provide emergency relief until the required parts are available on site for the Contractor to perform permanent warranty repair. The Contractors plan shall include a firm date and time that the required parts shall be available on site to complete the permanent warranty repair.

SECTION 01 20 00 Page 4

PART 2 PRODUCTS - NOT APPLICABLE

PART 3 EXECUTION - NOT APPLICABLE

SECTION 01 20 00 Page 5

SECTION 01 32 00

PROJECT SCHEDULE

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only and represents the latest edition in force when this contract is awarded.

U.S. ARMY CORPS OF ENGINEERS (USACE)

ER 1-1-11 Progress, Schedules, and Network Analysis Systems

1.2 QUALIFICATIONS

The Contractor shall designate an authorized representative who shall be responsible for the preparation of all required project schedule reports.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1 GENERAL REQUIREMENTS

Pursuant to the Contract Clause, SCHEDULE FOR CONSTRUCTION CONTRACTS, a Project Schedule as described below shall be prepared. The scheduling of construction shall be the responsibility of the Contractor. Contractor management personnel shall actively participate in its development.

Subcontractors and suppliers working on the project shall also contribute in developing and maintaining an accurate Project Schedule. The approved Project Schedule shall be used to measure the progress of the work, to aid in evaluating time extensions, and to provide the basis of all progress payments.

3.2 BASIS FOR PAYMENT

The schedule shall be the basis for measuring Contractor progress. Lack of an approved schedule or scheduling personnel will result in an inability of the Contracting Officer to evaluate Contractor's progress for the purposes of payment. Failure of the Contractor to provide all information, as specified below, shall result in the disapproval of the entire Project Schedule submission and the inability of the Contracting Officer to evaluate Contractor progress for payment purposes. In the case where Project Schedule revisions have been directed by the Contracting Officer and those revisions have not been included in the Project Schedule, the Contracting Officer may hold retainage up to the maximum allowed by contract, each payment period, until revisions to the Project Schedule have been made.

SECTION 01 32 00 Page 1

3.3 PROJECT SCHEDULE

The computer software system utilized by the Contractor to produce the Project Schedule shall be capable of providing all requirements of this specification. Failure of the Contractor to meet the requirements of this specification shall result in the disapproval of the schedule. Manual methods used to produce any required information shall require approval by the Contracting Officer.

3.3.1 Use of the Critical Path Method

The Critical Path Method (CPM) of network calculation shall be used to generate the Project Schedule. The Contractor shall provide the Project Schedule in the Precedence Diagram Method (PDM).

3.3.2 Level of Detail Required

The Project Schedule shall include an appropriate level of detail. Failure to develop or update the Project Schedule or provide data to the Contracting Officer at the appropriate level of detail, as specified by the Contracting Officer, shall result in the disapproval of the schedule. The Contracting Officer will use, but is not limited to, the following conditions to determine the appropriate level of detail to be used in the Project Schedule:

3.3.2.1 Activity Durations

Contractor submissions shall follow the direction of the Contracting Officer regarding reasonable activity durations. Reasonable durations are those that allow the progress of activities to be accurately determined between payment periods (usually less than 2 percent of all non-procurement activities' Original Durations are greater than 20 days).

3.3.2.2 Procurement Activities

Tasks related to the procurement of long lead materials or equipment shall be included as separate activities in the project schedule. Long lead materials and equipment are those materials that have a procurement cycle of over 90 days. Examples of procurement process activities include, but are not limited to: submittals, approvals, procurement, fabrication, and delivery.

3.3.2.3 Critical Activities

The following activities shall be listed as separate line activities on the Contractor's project schedule:

a. Submission and approval of mechanical/electrical layout drawings.

b. Submission and approval of O & M manuals.

c. Submission and approval of as-built drawings.

d. Submission and approval of 1354 data and installed equipment lists.

e. Performance Verification testing.

f. Other systems testing, if required.

SECTION 01 32 00 Page 2

g. Prefinal inspection.

h. Correction of punchlist from prefinal inspection.

i. Final inspection.

3.3.2.4 Government Activities

Government and other agency activities that could impact progress shall be shown. These activities include, but are not limited to: approvals, inspections, utility tie-in, Government Furnished Equipment (GFE) and Notice to Proceed (NTP) for phasing requirements.

3.3.2.5 Responsibility

All activities shall be identified in the project schedule by the party responsible to perform the work. Responsibility includes, but is not limited to, the subcontracting firm, contractor work force, or government agency performing a given task. Activities shall not belong to more than one responsible party. The responsible party for each activity shall be identified by the Responsibility Code.

3.3.2.6 Work Areas

All activities shall be identified in the project schedule by the work area in which the activity occurs. Activities shall not be allowed to cover more than one work area. The work area of each activity shall be identified by the Work Area Code.

3.3.2.7 Modification or Claim Number

Any activity that is added or changed by contract modification or used to justify claimed time shall be identified by a mod or claim code that changed the activity. Activities shall not belong to more than one modification or claim item. The modification or claim number of each activity shall be identified by the Mod or Claim Number. Whenever possible, changes shall be added to the schedule by adding new activities.

Existing activities shall not normally be changed to reflect modifications.

3.3.2.8 Bid Item

All activities shall be identified in the project schedule by the Bid Item to which the activity belongs. An activity shall not contain work in more than one bid item. The bid item for each appropriate activity shall be identified by the Bid Item Code.

3.3.2.9 Phase of Work

All activities shall be identified in the project schedule by the phases of work in which the activity occurs. Activities shall not contain work in more than one phase of work. The project phase of each activity shall be by the unique Phase of Work Code.

3.3.2.10 Category of Work

All Activities shall be identified in the project schedule according to the category of work which best describes the activity. Category of work refers, but is not limited, to the procurement chain of activities including such items as submittals approvals, procurement, fabrication, SECTION 01 32 00 Page 3 delivery, installation, start-up, and testing. The category of work for each activity shall be identified by the Category of Work Code.

3.3.2.11 Feature of Work

All activities shall be identified in the project schedule according to the feature of work to which the activity belongs. Feature of work refers, but is not limited to, a work breakdown structure for the project. The feature of work for each activity shall be identified by the Feature of Work Code.

3.3.3 Scheduled Project Completion

The schedule interval shall extend from NTP to the contract completion date.

3.3.3.1 Project Start Date

The schedule shall start no earlier than the date on which the NTP was acknowledged. The Contractor shall include as the first activity in the project schedule an activity called "Start Project". The "Start Project" activity shall have an "ES" constraint date equal to the date that the NTP was acknowledged, and a zero day duration.

3.3.3.2 Constraint of Last Activity

Completion of the last activity in the schedule shall be constrained by the contract completion date. Calculation on project updates shall be such that if the early finish of the last activity falls after the contract completion date, then the float calculation shall reflect a negative float on the critical path. The Contractor shall include as the last activity in the project schedule an activity called "End Project". The "End Project" activity shall have an "LF" constraint date equal to the completion date for the project, and a zero day duration.

3.3.3.3 Early Project Completion

In the event the project schedule shows completion of the project prior to the contract completion date, the Contractor shall identify those activities that have been accelerated and/or those activities that are scheduled in parallel to support the Contractor's "early" completion.

Contractor shall specifically address each of the activities noted in the narrative report at every project schedule update period to assist the Contracting Officer in evaluating the Contractor's ability to actually complete prior to the contract period.

3.3.4 Interim Completion Dates

Contractually specified interim completion dates shall also be constrained to show negative float if the early finish date of the last activity in that phase falls after the interim completion date.

3.3.4.1 Start Phase

The Contractor shall include as the first activity for a project phase an activity called "Start Phase X" where "X" refers to the phase of work. The "Start Phase X" activity shall have an "ES" constraint date equal to the date on which the NTP was acknowledged, and a zero day duration.

SECTION 01 32 00 Page 4

3.3.4.2 End Phase

The Contractor shall include as the last activity in a project phase an activity called "End Phase X" where "X" refers to the phase of work. The "End Phase X" activity shall have an "LF" constraint date equal to the completion date for the project, and a zero day duration.

3.3.4.3 Phase X

The Contractor shall include a hammock type activity for each project phase called "Phase X" where "X" refers to the phase of work. The "Phase X" activity shall be logically tied to the earliest and latest activities in the phase.

3.3.5 Default Progress Data Disallowed

Actual Start and Finish dates shall not be automatically updated by default mechanisms that may be included in CPM scheduling software systems. Actual Start and Finish dates on the CPM schedule shall match those dates provided from Contractor Quality Control Reports.