PWS Purchase of Caliche 04 15.2020.pdf

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Flexible Base Matrial Federal contract opportunity
Solicitation number
20203142148
Issued by
International Boundary and Water Commission U.S.-Mexico

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International Boundary and Water Commission United States and Mexico United States Section Operations and Maintenance Division

International Boundary and Water Commission United States and Mexico United States Section

Front Cover

Performance Work Statement (PWS) Lower Rio Grande Field Office (LRGFO) Purchase of Flexible Base Material Hidalgo County, Texas

Solicitation

April 15, 2020

USIBWC Lower Rio Grande Field Office

April 15, 2020 Performance Work Statement USIBWC Solicitation Page-1 of 13

SECTION 1

PROJECT SPECIFIC INFORMATION

1.1 Project Overview

The United States Section of the International Boundary and Water Commission (USIBWC) requires the Contractor to furnish approximately 5,300 tons of flexible base material to be delivered on USIBWC’s levees in the Lower Rio Grande Flood Control Project as noted on the Bill of Materials (BOM) and/or the attached maps showing the reaches.

1.2 General

This is a non-personnel services Contract; material will be used to resurface the USIBWC levees. The Government shall not exercise any supervision or control over the Contract service providers performing the services herein. Such Contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. All materials furnished shall be in accordance with the requirements in this PWS.

1.3 Description of Services

The Contractor shall provide all personnel, equipment, supplies, transportation, tools, subcontractor, materials, supervision and management necessary to perform the work as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services.

The Contractor shall perform to the standards in this contract.

1.4 Objective

A. The Contractor shall furnish approximately 5,300 tons of flexible base material to be delivered on USIBWC levees as noted on maps provided by USIBWC.

B. Maps showing access points to USIBWC Levees are available on “EXHIBITS 1-4”. Haul routes using these access points shall be coordinated between Contracting Officer’s Representative (COR) and Contractor prior to delivery. Trucks may be allowed to make tum around on floodplain as coordinated or where directed by the COR. Haul routes may be changed throughout the duration of the Contract as deemed necessary by the COR.

C. The COR will provide the exhibits/information required for the flexible base material layout.

1.5 Project Location

A. USIBWC Main Floodway Levees

B. USIBWC North Floodway Levees

USIBWC Solicitation Page-2 of 13

1.6 Period of Performance

A. The Contractor shall complete this work within 120 calendar days after the Contract has been awarded to the Contractor.

1.7 Investigation of Site Conditions

A. The Contractor, as well as their subcontractors, is urged to visit the jobsite and to become fully aware as to the existing conditions affecting the work to be performed under this Contract. The site visit will be coordinated with the Mercedes Field Office.

A site visit may be scheduled by contacting the Francisco Martinez and/or Joel Saldivar at

956.565.3159 or francisco.martinez@ibwc.gov. and/or joel.saldivar@ibwc.gov.

B. Submission of a quote shall be conclusive evidence that the Contractor has reviewed, investigated, and acknowledged all items below.

1. Conditions bearing upon transportation, travel, handling, and storage of materials.

2. Uncertainties of weather and similar physical conditions at the site.

3. The conformation and conditions of the ground.

4. The character of equipment and facilities needed preliminary to and during work performance.

C. Submission of a quote shall be conclusive evidence that the Contractor has investigated and is satisfied as to the conditions to be encountered, the character, quality, and work to be performed, and the quantities of materials to be furnished.

D. Submission of a quote constitutes agreement that Contractor has provided written notice of all conflicts, errors, ambiguities, and discrepancies discovered in PWS, that responses to these written notices are acceptable to Contractor, and that PWS is enough to indicate and convey understanding of all terms and conditions for performing and furnishing required work.

E. Contractor has the sole responsibility to make such independent investigation and examination as they deem necessary in order to satisfy themselves as to the conditions to be encountered in the performance of work and the quantities required to complete the work in accordance with the PWS.

F. The Government assumes no responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this Contract, unless that understanding, or representation is expressly stated in this Contract.

G. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

1.8 Duty to Inquire

A. Contractor shall review the full PWS.

B. If during review of these items, the Contractor finds discrepancies, omissions, conflicts, defects, errors, or ambiguities, they have a duty to inquire and shall notify the Contracting Officer prior to the question submission deadline as established in the solicitation. The Contractor shall also inquire about items that are unclear or open to interpretation.

mailto:francisco.martinez@ibwc.gov mailto:joel.saldivar@ibwc.gov

USIBWC Solicitation Page-3 of 13

C. The Contractor shall take no advantage of any item of which they have a duty to inquire.

1.9 Work Restrictions

A. The Contractor is responsible for conducting business between the hours of 8:00 AM thru 3:30 PM (Central Time), Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings.

B. The Contractor may request different working hours and must do so in writing to the Contracting Officer Representative (COR). Contracting Officer will make final determination as to the approval of a different work schedule.

1.10 Department of Homeland Security

In any event the staff of the US Department of Homeland Security (DHS, also known as US Customs and Border Protection or CBP) alerts and directs any field crews to stop work for any security reasons in the area, the Contractor shall consider this as top priority and fully cooperate with the directions of DHS at all times until the security alert is cleared by the DHS. In addition, the Contractor shall contact and coordinate with the Contracting Officer (CO) and COR for any additional steps to be taken during and after the security alert.

SECTION 2

PROJECT REQUIREMENTS

2.1 General

A. The Contractor shall provide 5,300 tons of Type E - Flexible Material that shall be composed of caliche (argillaceous limestone, calcareous or calciferous clay particles) with or without stone, conglomerate gravel, sand, or granular materials. If material from a second source is added to comply with gradation standards, that material must be caliche based and not silicate material (river rock, granite, etc.).

Grade 4: Shall conform to the following requirements:

Grading Requirements U.S. Standard Sieve Percent retained 2” 0 ½” 20‐60 No. 4 40‐75 No. 40 75‐85 Min. Comp. Strength PSI 150 at 15 PSI lateral pressure

A. The contractor shall furnish all materials in accordance with the requirements in this PWS. Flexible base is to be spread uniform along these fill areas and approximate dimension of placement will be 6 inch drop by the contractor – 4 inch compacted by USIBWC forces.

USIBWC Solicitation Page-4 of 13

B. The Contractor will schedule all deliveries with the COR the day before delivery. Deliveries are subject to change due to inclement weather conditions that may affect the driving surface of the levee or access roads. Weather cancellations will not incur additional cost to the government.

2.2 Clean-Up and Disposal of Waste Materials

A. The Contractor shall be responsible for the cleanup and disposal of waste materials and rubbish from the site, field office(s), and staging area(s).

B. The disposal of waste materials and rubbish shall be in accordance with applicable Federal, state, and local laws and regulations and with the requirements in this Contract. Should a conflict exist in the requirements for cleanup and disposal of waste materials, the most stringent requirements shall apply.

1. All waste unless otherwise noted in these specifications shall be disposed of at a licensed landfill or waste disposal facility.

2. Recyclables

a. The Contractor shall dispose of recyclable and reusable products through waste disposal only as a last option.

b. Scrap metal shall be donated or sold to scrap dealers or recycle centers whenever possible.

C. No excess materials shall be deposited within Government property, unless compliance confirmed by the Government.

D. The Contractor shall maintain work and storage areas free from accumulations of waste materials and rubbish and before completing the work, shall remove all temporary facilities, including, buildings, unused materials, concrete forms, and other like materials, which are not a part of the permanent work.

2.3 Testing and Measurement of Materials

The Contractor shall perform the required tests as stated below:

A. Flexible base material that the Contractor proposes to furnish shall be available for inspection by the COR. All sources or stockpiles that the Contractor uses to supply materials for the contract shall be subject to inspection and approval by the COR for the duration of the contract.

B. Testing shall not be required at specific intervals. Material tests for the same source and crusher shall be accepted based on existing testing provided that the testing was conducted within the last six months. Samples will be provided prior to the start of the deliveries. The government may randomly test material throughout the duration of the project to verify that the materials being delivered meet the specified requirements. Any material found to be noncompliant shall be subject to removal by the Contractor at the Contractor’s expense and shall be subject to nonpayment. Noncompliant materials will be removed within 48 hours of notification.

C. The Contractor shall be responsible for assuring that all flexible base material delivered to the job site meets the specified requirements in Section 2.1. The Contractor shall establish a sampling and

USIBWC Solicitation Page-5 of 13 testing program to include gradation, liquid limit, plasticity index, and moisture content testing to assure compliance of materials. Testing of all material shall be in accordance with the following Texas Department of Transportation standard laboratory test procedures:

Moisture Content - Tex-103-E Sieve Analysis - Tex-110-E Liquid Limit - Tex-104-E Plasticity Index - Tex-106-E

D. Measurement will be by the ton of 2,000 pounds dry weight in vehicles. The Contractor shall provide a standard platform truck scale conforming to the requirements of Texas Department of Transportation, 2004 Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" for Item 520 "Weighing and Measuring Equipment." The dry weight will be determined by deducting the weight of the moisture in the material at the time of weighing from the gross weight of the material.

E. Prior to the first delivery and for each material source, the Contractor shall furnish the field office a written report of calibrations from a scale mechanic licensed by the Texas Department of Agriculture using certified weights, certifying that the scale meets the state standards for trade by weight. Certified weigh tickets will be presented with each load at the time it is delivered.

SECTION 3

EXISTING CONDITIONS

3.1 General

A. Maps showing access points to USIBWC Levees are available from the USIBWC. Haul routes using these access points shall be coordinated between COR and Contractor prior to delivery.

Trucks may be allowed to make tum around on floodplain as coordinated or where directed by the COR. Haul routes may be changed throughout the duration of the contract as deemed necessary by the COR.

3.2 Government Furnished Utilities

A. The Government will not be furnishing any utilities for this project including, but not limited to electricity, telephone, sewer, and natural gas.

3.3 Use of Government Land

A. USIBWC property is not available for use as the Contractor's staging and/or storage areas, subject to the approval of the COR. The Contractor shall preserve and protect existing features, trees, and vegetation to the maximum extent practicable.

SECTION 4

QUALITY REQUIREMENTS

USIBWC Solicitation Page-6 of 13

4.1 Common Product Requirements

A. Materials Certification The Contractor shall submit a materials certification package to COR which contains a checklist and supporting documentation for all materials used on the project. The supporting documentation shall consist of a summary of all documentation practices utilized for material acceptance and explanations of any deficiencies.

1. Material certifications shall ensure that all items meet the Buy American Act (41 USC 10a -

10d).

B. Source Control

1. The Contractor shall use only materials that meet the Contract requirements.

2. Unless otherwise specified or compliance confirmed, the Contractor shall use new materials for the work.

3. All materials installed shall be free of defects.

4. The Contractor shall secure the Government’s compliance confirmation of the proposed source of materials to be used before their delivery.

C. Quality Control / Quality Assurance of Materials

1. Source Limitations

To the greatest extent possible for each item of work, the Contractor shall provide materials of a singular generic kind from a single source.

2. Field Measurements Verify field measurements, lines, grades, locations, and details at the jobsite prior to fabrication. It shall be the Contractor's responsibility to conform to and satisfy actual field conditions, for accuracy of dimensions, proper fit, and for adequacy of use intended.

3. The Contractor shall correct or remove materials that fail to meet Contract requirements or that do not produce satisfactory results. The Contractor shall reimburse the Government for cost incurred if additional quality assurance sampling and testing is required by a change of source.

4. Materials not meeting Contract requirements will be rejected, unless the Government approves corrective actions in writing. Upon rejection, the Contractor shall immediately remove and replace rejected materials. Should the Contractor fail to comply with the removal of rejected materials, the Government may remove and replace defective material and the cost of testing, removal, and replacement will be deducted from the Contractor’s final payment.

D. Hazardous Materials The Contractor shall use materials that are free of hazardous materials. The Contractor shall notify the Government immediately when a visual observation or odor indicates that materials in required material sources or on sites owned or controlled by the Government may contain hazardous materials.

E. Surplus Materials

1. The Contractor shall take ownership of surplus materials unless otherwise indicated in the

Contract documents.

2. The Contractor shall remove and dispose of materials in accordance with Paragraph 2.2 If requested or otherwise noted in these specifications, the Contractor shall provide an appropriate level of documentation to verify proper disposal.

USIBWC Solicitation Page-7 of 13

SECTION 5

DELIVERABLES

5.1 General

A. The Contractor shall submit, within five (5) calendar days after receipt of Notice of Award, the source(s) an d t e s t r e co r d s for flexible base material proposed for use.

B. The Contractor shall submit, within five (5) calendar days after receipt of Notice of Award, any available service and test records of flexible base materials from the proposed sources. The information will be used to supplement the testing required under Section 2 .3 and 5 .1 .

C. The Contractor shall submit within twenty-four (24) hours of performance of the tests, the results of all test performed.

D. Method of delivery shall be belly dump trucks for all materials. Material shall be dumped directly on levees as directed by COR. Transportation of the material must meet local and state requirements.

E. The COR will call for material as needed (within the not-to-exceed quantity placed via delivery orders by the Contracting Officer), as the amount of material shall be adjusted based on demand in the field, but not to exceed daily delivery rate specified. Delivery shall be made within 24 hours after placing the call within the placed delivery order, depending on weather conditions.

Contractor shall have a field representative on site during delivery of material to control rate of delivery as needed by COR. All deliveries will be scheduled the day before delivery. Deliveries are subject to change due to inclement weather conditions that may affect the driving surface of the levee or access roads. Weather cancellations will not incur additional cost to the government.

Deliveries will be made by trucks with belly-dump trailers. All trailers shall have a means to control the dump rate (i.e. Chain or pin) to control gate opening size and drop rate and shall have in cab air controls to open and close the gate. Trucks shall be required to drive straddle of the previously dumped loads to drop loads. Trucks requiring manual control walking along the side while dumping will be refused on subsequent deliveries. Refused loads due to this safety related item shall incur no additional cost to the government.

F. Inspection: Flexible base material that the Contractor proposes to furnish shall be available for inspection by the COR. All sources or stockpiles that the Contractor uses to supply materials for the contract shall be subject to inspection and approval by the COR for the duration of the Contract.

G. Contractor shall establish a sampling and testing program to include gradation, liquid limit, plasticity index, and moisture content testing to assure compliance of materials. Testing of all material shall be in accordance with the following Texas Department of Transportation standard laboratory test procedures:

Frequency of Testing: For each material source, the Contractor shall: (a) test once prior to initial delivery and once for every 5,000 tons flexible base delivered for: gradation, liquid limit, and plasticity index (Contractor shall notify the COR at least three (3) days prior to taking

USIBWC Solicitation Page-8 of 13 samples for gradations, liquid limit, and plasticity index); and (b) tests for moisture content at least once each delivery day.

H. Contractor shall guarantee that a minimum daily delivery rate of 1,400 tons can be met or otherwise requested by the COR.

I. Prior to first delivery and for each material source, the Contractor shall furnish the COR, a written report of calibrations for a scale mechanic licensed by the Texas Department of Agriculture using certified weights, certifying that the scales meet the requirements of Item 520. When inaccuracy or inadequacy is discovered, scale use shall not be resumed until corrective measure have been completed and/or the scales calibrated as provided by Item 520. Any electronic device that has been adapted for weighing that meets the calibration requirement is acceptable.

J. The Contractor shall submit three (3) copies of all submittals to the COR at the following address:

Mercedes Field Office International Boundary and Water Commission

325 Golf Course Road Mercedes, TX 78570

K.The Government will require five (5) calendar days, from date of receipt of submittals, for review and approval thereof. If the submittals require changes or revisions, such will be done at the Contractor's expense. The submittals shall be resubmitted within five (5) calendar days after receipt of the Government's comments by the Contractor.

SECTION 6

PROJECT COORDINATION & ADMINISTRATION

6.1 General

A. The Contractor shall provide all materials, equipment, labor, supervision, quality control, tools, and services required by this Performance Work Statement to perform the work for the Contract sum and within the Contract period of performance.

B. The Contractor shall be responsible for ensuring that all its suppliers, manufactures and subcontractors have reviewed all applicable documents relative to their work. The Contractor shall provide all labor, material, equipment, and services not provided by the Contractor’s suppliers, manufacturers, fabricators, and/or subcontractors.

C. The Contractor shall appoint a coordinator or manager and an alternate to serve as a single point of contact and liaison between the Contractor and the Contract Administrator, COR, and/or Technical Representative for the actual work required under this contract. The coordinator or manager shall be responsible for the coordination of the work provided under this P W S and shall respond to discrepancies and questions regarding this contract.

D. Any work not performed will be reduced from the Contract in a percentage of basis.

E. Impacts to naturally occurring herbaceous plants and grasses shall be minimized by the use of existing roads and trails to access woody vegetation. If new trails must be established, limit the width to the minimum needed for safe transportation of equipment.

USIBWC Solicitation Page-9 of 13

F. The Contractor shall perform the services in accordance with this PWS at a Firm Fixed Price (FFP).

G. The Contractor and all subcontractors shall be responsible for complying with all Department of Labor requirements and labor wage determinations.

H. Inspection and acceptance will occur at USIBWC Mercedes Field Office.

6.2 Security

The Contractor is responsible for securing the work site, equipment, and materials from vandalism and theft.

6.3 Safety

A. The Contractor is solely responsible for worksite safety while performing work or inspections on Government property. The Contractor shall implement a safety program that protects the lives and health of personnel in the project area, prevents damage to property, and avoids work interruptions.

B. The Contractor is responsible for being cognizant of and ensuring compliance with the requirements set forth. Such responsibility shall apply to both the Contractor’s operations and those of the Contractor’s subcontractors.

C. The Contractor shall comply with all provisions of all applicable regulations of the Occupational Safety and Health Administration (OSHA), 29 CFR 1910, Occupational Safety and Health Standards, and 29 CFR 1926, Construction Standards.

1. The OSHA 29 CFR 1910 and 29 CFR 1926 can be accessed at http://www.osha.gov or http://www.gpo.gov/fdsys/.

D. The Contractor’s personnel shall be required to use appropriate personal protective equipment such as, but not limited to hard hats, safety goggles, welding shields, face shields, protective footwear, protective gloves, and hearing protection.

E. The Contractor shall perform daily housekeeping. The Government will not provide trash dumpsters.

SECTION 7

PROJECT MEETINGS

7.1 General

A. The Contractor, the COR, or the CO may schedule project meetings at any time.

B. When USIBWC schedules a meeting, the COR shall inform participants and others involved and individuals whose presence is required, of date and time of each meeting. The COR shall prepare the meeting agenda and distribute to all invited attendees.

C. When the Contractor schedules a meeting, the Contractor shall inform participants and others involved and individuals whose presence is required, of date and time of each meeting. The Contractor shall prepare the meeting agenda and distribute to all invited attendees.

http://www.osha.gov/ http://www.gpo.gov/fdsys/

USIBWC Solicitation Page-10 of 13

D. The following meetings are anticipated, and the Contractor shall identify them in the Schedule:

1. Kickoff Meeting

2. Progress Meetings

7.2 Kickoff Meeting

A. After award of the Contract, the COR will coordinate with the Contractor to schedule a Kickoff Meeting. The meeting shall take place prior to the beginning of any Contract work.

B. The purpose of the meeting is to introduce project personnel and to review responsibilities and procedures.

C. The Contractor shall reach an understanding with the Government regarding the project requirements as stated is this Performance Work Statement. This understanding shall be documented in writing and approved by the CO after the Kickoff Meeting.

D. Attendees include, but are not limited to:

1. Contractor's Project Manager

2. CO

3. COR

4. Mercedes Field Office Representative

5. It is recommended that Contractor's engineers, inspectors, subcontractors, suppliers, and other concerned parties also attend the conference. The Contractor may invite anyone they wish to this meeting.

6. All participants at the conference shall be familiar with the project and authorized to conclude matters relating to the work.

E. Agenda Discussion of items of significance that could affect the work and project, including the following:

1. Introduction/designation of key personnel and their duties.

2. Review of the current phasing, critical work sequencing, and long-lead items.

3. Review of minimum project requirements.

4. Review of procedures for handling and processing modifications, RFIs, deliverables, and applications for payment.

5. Preparation of deliverable documents.

6. Use of site.

7. Work restrictions.

8. USIBWC and other's occupancy requirements.

9. Safety and first aid.

10. Security.

11. Maintenance of project site.

12. Working hours.

F. Meeting Minutes The COR will record the discussions of the meeting and distribute the minutes to all attendees for review prior to finalizing.

USIBWC Solicitation Page-11 of 13

7.3 Progress Meetings

A. If needed, the COR will schedule progress meetings once the Contractor has mobilized onsite. The COR will conduct and issue minutes of the meetings. Meeting minutes will become official Contract correspondence.

B. The Government may call other meetings on an "as needed" basis.

C. The purpose of these meetings shall be to analyze the progress of the work, resolve conflicts, and in general coordinate the operation of all organizations active at the project site.

SECTION 8

PROJECT SCHEDULE

8.1 Description / Purpose

A. The Contractor shall prepare a project schedule which shall reflect completion of all work under this Performance Work Statement.

B. Project schedule submittal shall include an electronic pdf file.

1. All abbreviations shall be defined.

2. Each project schedule shall show a revision date.

C. Baseline Schedule Preparation Prepare a list of all activities required to complete the work. The baseline schedule shall include all planned work activities and sequences and show Contract completion within the number of calendar days specified in the Contract.

a. Activities Prepare a list of all activities required to complete the work. Indicate the estimated duration, sequence requirements, and relationship of each activity in relation to other activities.

b. Time Frame Proposed duration assigned to each activity shall be the Contractor's best estimate of time required to complete the activity considering the scope and resources planned for the activity.

USIBWC Solicitation Page-12 of 13

SECTION 9

REGULATORY REQUIREMENTS

9.1 Contractor's Responsibility

A. It is the Contractor’s responsibility to perform work in compliance with all applicable requirements of federal, state, and local laws, codes, rules, regulations, ordinances, and standards, including, but not limited to, those outlined in 9.4 below.

B. It shall be the responsibility of the Contractor to acquire copies of all applicable codes, regulations, and standards for ready reference.

C. In instances where requirements are in conflict, the stricter standard shall apply.

D. All inspections, observations, or tests required for code compliance are the responsibility of the Contractor.

9.2 Permits

A. Prior to the beginning of work, the Contractor shall be responsible for researching, coordinating, obtaining, and paying all applicable fees for all permits required by Federal, state, and local entities.

The Government is not responsible for any existing or newly introduced permits required before, during and/or after work on of this project.

B. The Contractor shall be responsible for and shall give and maintain all notices required by applicable regulations, laws, or permitting authorities pertaining to work on of this project.

9.3 Dates

A. For all related standards and regulatory requirements in this document, the version, edition, or year shown indicates the governing version.

B. All Public Laws, Code of Federal Regulations (CFR), Federal Acquisition Regulation (FAR), Executive Orders (EOs), Management Policies, Government Directives, Government Standards, refer to the original document as well as any subsequent amendments, corrections, and/or additions.

1. The latest amendments, corrections and additions are to be assumed applicable in the same way as the document itself.

2. The version in effect as of the issuing date of the Solicitation for this project governs unless the law, regulation, order, policy, directive, or standard is updated with a retroactive clause.

9.4 Summary of Regulatory Documents and Agencies

Regulatory requirements applicable to this project are listed below.

A. Occupational Safety and Health Administration (OSHA)

1. Occupational Safety and Health Standards (29 CFR 1910)

a. https://www.osha.gov/law-regs.html https://www.osha.gov/law-regs.html

USIBWC Solicitation Page-13 of 13

2. Construction Standards (29 CFR 1926)

a. https://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS& p_toc_level=1&p_keyvalue=Construction

B. Public Laws and Acts All Public Laws and Acts can be found at http://www.gpo.gov/fdsys/

1. Buy American Act [41 USC 10a - 10d]

2. Resource Conservation and Recovery Act (RCRA)

3. Solid Waste Disposal Act

4. Toxic Substance Control Act

SECTION 10

MEASUREMENTS AND PAYMENTS

10.1 USIBWC Payment Processing

A. The Contractor shall submit an electronic copy of their invoice to USIBWC's Finance and Accounting Division (FAD) via invoices@ibwc.gov. The Contractor's invoice is not officially received by the Government until USIBWC-FAD receives and date stamps the invoice.

1. A copy of the invoice shall be emailed to the CO and COR concurrently with emailing the invoice to FAD.

B. The invoice for this Contract shall not be combined with any other work or other Contracts; it shall be for this Contract only.

C. Invoiced amounts shall include all furnished flexible base.

D. When requesting payment, the Contractor shall provide the Contracting Officer receipted (by USIBWC Inspectors) and certified (by the Contractor) weight tickets for each delivery load of flexible base material.

SECTION 11

NON-DISCLOSURE AND PAYMENTS

11.1 Non-Disclosure

A. All aspects of this work are considered property of the Government. No release of information or opinion related to this work is permitted without written authorization of the USIBWC.

--End of Performance Work Statement--https://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=Construction https://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=Construction http://www.gpo.gov/fdsys/ mailto:invoices@ibwc.gov

Front Cover
Section 1 Project Specific Information
1.1 Project Overview
1.2 General
1.3 Description of Services
1.4 Objective
A. The Contractor shall furnish approximately 5,300 tons of flexible base material to be delivered on USIBWC levees as noted on maps provided by USIBWC.
B. Maps showing access points to USIBWC Levees are available on “EXHIBITS 1-4”. Haul routes using these access points shall be coordinated between Contracting Officer’s Representative (COR) and Contractor prior to delivery. Trucks may be allowed to m...
C. The COR will provide the exhibits/information required for the flexible base material layout.
1.5 Project Location
A. USIBWC Main Floodway Levees
B. USIBWC North Floodway Levees
1.6 Period of Performance
A. The Contractor shall complete this work within 120 calendar days after the Contract has been awarded to the Contractor.
1.7 Investigation of Site Conditions
A. The Contractor, as well as their subcontractors, is urged to visit the jobsite and to become fully aware as to the existing conditions affecting the work to be performed under this Contract. The site visit will be coordinated with the Mercedes Fiel...
B. Submission of a quote shall be conclusive evidence that the Contractor has reviewed, investigated, and acknowledged all items below.
1. Conditions bearing upon transportation, travel, handling, and storage of materials.
2. Uncertainties of weather and similar physical conditions at the site.
3. The conformation and conditions of the ground.
4. The character of equipment and facilities needed preliminary to and during work performance.
C. Submission of a quote shall be conclusive evidence that the Contractor has investigated and is satisfied as to the conditions to be encountered, the character, quality, and work to be performed, and the quantities of materials to be furnished.
D. Submission of a quote constitutes agreement that Contractor has provided written notice of all conflicts, errors, ambiguities, and discrepancies discovered in PWS, that responses to these written notices are acceptable to Contractor, and that PWS i...
E. Contractor has the sole responsibility to make such independent investigation and examination as they deem necessary in order to satisfy themselves as to the conditions to be encountered in the performance of work and the quantities required to com...
F. The Government assumes no responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this Contract, unless that understanding, or repr...
G. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceedin...
1.8 Duty to Inquire
A. Contractor shall review the full PWS.
B. If during review of these items, the Contractor finds discrepancies, omissions, conflicts, defects, errors, or ambiguities, they have a duty to inquire and shall notify the Contracting Officer prior to the question submission deadline as establishe...
C. The Contractor shall take no advantage of any item of which they have a duty to inquire.
1.9 Work Restrictions
A. The Contractor is responsible for conducting business between the hours of 8:00 AM thru 3:30 PM (Central Time), Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrativ...
B. The Contractor may request different working hours and must do so in writing to the Contracting Officer Representative (COR). Contracting Officer will make final determination as to the approval of a different work schedule.

1.10 Department of Homeland Security

Section 2 Project Requirements
2.1 General
A. The contractor shall furnish all materials in accordance with the requirements in this PWS. Flexible base is to be spread uniform along these fill areas and approximate dimension of placement will be 6 inch drop by the contractor – 4 inch compacte...
B. The Contractor will schedule all deliveries with the COR the day before delivery. Deliveries are subject to change due to inclement weather conditions that may affect the driving surface of the levee or access roads. Weather cancellations will not ...
2.2 Clean-Up and Disposal of Waste Materials
A. The Contractor shall be responsible for the cleanup and disposal of waste materials and rubbish from the site, field office(s), and staging area(s).
B. The disposal of waste materials and rubbish shall be in accordance with applicable Federal, state, and local laws and regulations and with the requirements in this Contract. Should a conflict exist in the requirements for cleanup and disposal of wa...
1. All waste unless otherwise noted in these specifications shall be disposed of at a licensed landfill or waste disposal facility.
2. Recyclables
a. The Contractor shall dispose of recyclable and reusable products through waste disposal only as a last option.
b. Scrap metal shall be donated or sold to scrap dealers or recycle centers whenever possible.
C. No excess materials shall be deposited within Government property, unless compliance confirmed by the Government.
D. The Contractor shall maintain work and storage areas free from accumulations of waste materials and rubbish and before completing the work, shall remove all temporary facilities, including, buildings, unused materials, concrete forms, and other lik...

2.3 Testing and Measurement of Materials

Section 3 Existing Conditions
3.1 General
3.2 Government Furnished Utilities
A. The Government will not be furnishing any utilities for this project including, but not limited to electricity, telephone, sewer, and natural gas.
3.3 Use of Government Land
A. USIBWC property is not available for use as the Contractor's staging and/or storage areas, subject to the approval of the COR. The Contractor shall preserve and protect existing features, trees, and vegetation to the maximum extent practicable.
Section 4 Quality Requirements
4.1 Common Product Requirements
A. Materials Certification
1. Material certifications shall ensure that all items meet the Buy American Act (41 USC 10a - 10d).
B. Source Control
1. The Contractor shall use only materials that meet the Contract requirements.
2. Unless otherwise specified or compliance confirmed, the Contractor shall use new materials for the work.
3. All materials installed shall be free of defects.
4. The Contractor shall secure the Government’s compliance confirmation of the proposed source of materials to be used before their delivery.
C. Quality Control / Quality Assurance of Materials
1. Source Limitations
2. Field Measurements
3. The Contractor shall correct or remove materials that fail to meet Contract requirements or that do not produce satisfactory results. The Contractor shall reimburse the Government for cost incurred if additional quality assurance sampling and testi...
4. Materials not meeting Contract requirements will be rejected, unless the Government approves corrective actions in writing. Upon rejection, the Contractor shall immediately remove and replace rejected materials. Should the Contractor fail to comply...
D. Hazardous Materials
E. Surplus Materials
1. The Contractor shall take ownership of surplus materials unless otherwise indicated in the Contract documents.
2. The Contractor shall remove and dispose of materials in accordance with Paragraph 2.2 If requested or otherwise noted in these specifications, the Contractor shall provide an appropriate level of documentation to verify proper disposal.
Section 5 Deliverables
5.1 General
Section 6 Project Coordination & Administration
6.1 General
A. The Contractor shall provide all materials, equipment, labor, supervision, quality control, tools, and services required by this Performance Work Statement to perform the work for the Contract sum and within the Contract period of performance.
B. The Contractor shall be responsible for ensuring that all its suppliers, manufactures and subcontractors have reviewed all applicable documents relative to their work. The Contractor shall provide all labor, material, equipment, and services not pr...
C. The Contractor shall appoint a coordinator or manager and an alternate to serve as a single point of contact and liaison between the Contractor and the Contract Administrator, COR, and/or Technical Representative for the actual work required under ...
D. Any work not performed will be reduced from the Contract in a percentage of basis.
E. Impacts to naturally occurring herbaceous plants and grasses shall be minimized by the use of existing roads and trails to access woody vegetation. If new trails must be established, limit the width to the minimum needed for safe transportation of...
F. The Contractor shall perform the services in accordance with this PWS at a Firm Fixed Price (FFP).
G. The Contractor and all subcontractors shall be responsible for complying with all Department of Labor requirements and labor wage determinations.
H. Inspection and acceptance will occur at USIBWC Mercedes Field Office.
6.2 Security
6.3 Safety
A. The Contractor is solely responsible for worksite safety while performing work or inspections on Government property. The Contractor shall implement a safety program that protects the lives and health of personnel in the project area, prevents dama...
B. The Contractor is responsible for being cognizant of and ensuring compliance with the requirements set forth. Such responsibility shall apply to both the Contractor’s operations and those of the Contractor’s subcontractors.
C. The Contractor shall comply with all provisions of all applicable regulations of the Occupational Safety and Health Administration (OSHA), 29 CFR 1910, Occupational Safety and Health Standards, and 29 CFR 1926, Construction Standards.
1. The OSHA 29 CFR 1910 and 29 CFR 1926 can be accessed at http://www.osha.gov or http://www.gpo.gov/fdsys/.
D. The Contractor’s personnel shall be required to use appropriate personal protective equipment such as, but not limited to hard hats, safety goggles, welding shields, face shields, protective footwear, protective gloves, and hearing protection.
E. The Contractor shall perform daily housekeeping. The Government will not provide trash dumpsters.
Section 7 Project Meetings
7.1 General
A. The Contractor, the COR, or the CO may schedule project meetings at any time.
B. When USIBWC schedules a meeting, the COR shall inform participants and others involved and individuals whose presence is required, of date and time of each meeting. The COR shall prepare the meeting agenda and distribute to all invited attendees.
C. When the Contractor schedules a meeting, the Contractor shall inform participants and others involved and individuals whose presence is required, of date and time of each meeting. The Contractor shall prepare the meeting agenda and distribute to al...
D. The following meetings are anticipated, and the Contractor shall identify them in the Schedule:
1. Kickoff Meeting
2. Progress Meetings
7.2 Kickoff Meeting
A. After award of the Contract, the COR will coordinate with the Contractor to schedule a Kickoff Meeting. The meeting shall take place prior to the beginning of any Contract work.
B. The purpose of the meeting is to introduce project personnel and to review responsibilities and procedures.
C. The Contractor shall reach an understanding with the Government regarding the project requirements as stated is this Performance Work Statement. This understanding shall be documented in writing and approved by the CO after the Kickoff Meeting.
D. Attendees include, but are not limited to:
1. Contractor's Project Manager
2. CO
3. COR
4. Mercedes Field Office Representative
5. It is recommended that Contractor's engineers, inspectors, subcontractors, suppliers, and other concerned parties also attend the conference. The Contractor may invite anyone they wish to this meeting.
6. All participants at the conference shall be familiar with the project and authorized to conclude matters relating to the work.
E. Agenda
1. Introduction/designation of key personnel and their duties.
2. Review of the current phasing, critical work sequencing, and long-lead items.
3. Review of minimum project requirements.
4. Review of procedures for handling and processing modifications, RFIs, deliverables, and applications for payment.
5. Preparation of deliverable documents.
6. Use of site.
7. Work restrictions.
8. USIBWC and other's occupancy requirements.
9. Safety and first aid.
10. Security.
11. Maintenance of project site.
12. Working hours.

F. Meeting Minutes

7.3 Progress Meetings
A. If needed, the COR will schedule progress meetings once the Contractor has mobilized onsite. The COR will conduct and issue minutes of the meetings. Meeting minutes will become official Contract correspondence.
B. The Government may call other meetings on an "as needed" basis.
C. The purpose of these meetings shall be to analyze the progress of the work, resolve conflicts, and in general coordinate the operation of all organizations active at the project site.
Section 8 Project Schedule
8.1 Description / Purpose
A. The Contractor shall prepare a project schedule which shall reflect completion of all work under this Performance Work Statement.
B. Project schedule submittal shall include an electronic pdf file.
1. All abbreviations shall be defined.
2. Each project schedule shall show a revision date.
C. Baseline Schedule Preparation
a. Activities
Prepare a list of all activities required to complete the work. Indicate the estimated duration, sequence requirements, and relationship of each activity in relation to other activities.

b. Time Frame

Section 9 Regulatory Requirements
9.1 Contractor's Responsibility
A. It is the Contractor’s responsibility to perform work in compliance with all applicable requirements of federal, state, and local laws, codes, rules, regulations, ordinances, and standards, including, but not limited to, those outlined in 9.4 below.
B. It shall be the responsibility of the Contractor to acquire copies of all applicable codes, regulations, and standards for ready reference.
C. In instances where requirements are in conflict, the stricter standard shall apply.
D. All inspections, observations, or tests required for code compliance are the responsibility of the Contractor.
9.2 Permits
A. Prior to the beginning of work, the Contractor shall be responsible for researching, coordinating, obtaining, and paying all applicable fees for all permits required by Federal, state, and local entities. The Government is not responsible for any e...
B. The Contractor shall be responsible for and shall give and maintain all notices required by applicable regulations, laws, or permitting authorities pertaining to work on of this project.
9.3 Dates
A. For all related standards and regulatory requirements in this document, the version, edition, or year shown indicates the governing version.
B. All Public Laws, Code of Federal Regulations (CFR), Federal Acquisition Regulation (FAR), Executive Orders (EOs), Management Policies, Government Directives, Government Standards, refer to the original document as well as any subsequent amendments,...
1. The latest amendments, corrections and additions are to be assumed applicable in the same way as the document itself.
2. The version in effect as of the issuing date of the Solicitation for this project governs unless the law, regulation, order, policy, directive, or standard is updated with a retroactive clause.
9.4 Summary of Regulatory Documents and Agencies
A. Occupational Safety and Health Administration (OSHA)
1. Occupational Safety and Health Standards (29 CFR 1910)
a. https://www.osha.gov/law-regs.html
2. Construction Standards (29 CFR 1926)
a. https://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=Construction
B. Public Laws and Acts
1. Buy American Act [41 USC 10a - 10d]
2. Resource Conservation and Recovery Act (RCRA)
3. Solid Waste Disposal Act
4. Toxic Substance Control Act
Section 10
Measurements and Payments
10.1 USIBWC Payment Processing
A. The Contractor shall submit an electronic copy of their invoice to USIBWC's Finance and Accounting Division (FAD) via invoices@ibwc.gov. The Contractor's invoice is not officially received by the Government until USIBWC-FAD receives and date stamps...
1. A copy of the invoice shall be emailed to the CO and COR concurrently with emailing the invoice to FAD.
B. The invoice for this Contract shall not be combined with any other work or other Contracts; it shall be for this Contract only.
C. Invoiced amounts shall include all furnished flexible base.
D. When requesting payment, the Contractor shall provide the Contracting Officer receipted (by USIBWC Inspectors) and certified (by the Contractor) weight tickets for each delivery load of flexible base material.
Section 11 NON-DISCLOSURE and Payments
11.1 Non-Disclosure
A. All aspects of this work are considered property of the Government. No release of information or opinion related to this work is permitted without written authorization of the USIBWC.

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