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U. S. ARMY ENGINEER DISTRICT, CHICAGO

231 SOUTH LASALLE STREET SUITE 1500

CHICAGO IL 60604-1437

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

X

CODE

W912P6-13-R-0025 13-Sep-2013

b. TELEPHONE NUMBER

312.846.5378

8. OFFER DUE DATE/LOCAL TIME

05:30 PM 24 Sep 2013

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

W912P6

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KIM M BEARD

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

423320

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81G6632354860

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W912P6-13-R-0025

Section A - Solicitation/Contract Form

INTRODUCTION OF PROCUREMENT:

A Firm Fixed Price Commercial Items contract, for the work described herein, will result from this Solicitation and will be made pursuant the Federal Acquisition Regulation, Subpart 12— Acquisition of Commercial Item.

COMPETITION FOR THIS ACQUISITION FULL AND OPEN, “UNRESTRICTED” TO BUSINESS SIZE.

THE APPLICABLE NORTH AMERICAN CLASSIFICATION CODE IS 423320 WITH A SIZE STANDARD

OF 100 EMPLOYEES.

1. The U.S. Army Corps of Engineers, Chicago District Office, located at 231 South LaSalle Street, Suite 1500, Chicago, Illinois 60604, is seeking proposals for the furnishing, delivery and unloading of clay dike materials. The government’s requirements are delineated at Section C of this Solicitation.

2. PROPOSAL DUE DATE AND TIME:

a. The Contractor SHALL PROVIDE PRICING for ALL line items included in the Bidding Schedule of this Solicitation. FOR ALL WORK TO BE PERFORMED UNDER A RESPECTIVE

LINE ITEM, ALL CONTRACTOR COSTS SHALL BE INCLUDED IN THE LINE ITEM PRICE.

b. The Contractor SHALL provide its price proposal to Kim Beard via Email to kim.m.beard@usace.army.mil. Proposals are due by 05:30 PM on September 24, 2013.

PLEASE ENSURE THAT THE SUBJECT LINE OF YOUR EMAIL CLEARLY INDICATES THE

SOLICITATION NUMBER, “W912P6‐13‐R‐0025” and Project Title, “Clay Dikes Material.”

Any electronic files (EMAIL) CANNOT EXCEED this Agency's size limit of 20MB (includes email and its attachment); files exceeding this size will be denied access to Ms. Beard’s email inbox.

c. The Contractor is also required to fully complete and submit the Representations and

Certifications that are located in Section K of this Solicitation.

d. ANY AMENDMENTS TO THIS SOLICITATION WILL BE ISSUED ON A STANDARD FORM 30

AND POSED ON FBO.GOV

3. DELIVERY SCHEDULE: The supply, delivery and unloading of the materials shall occur as required by the Bid Schedule included at Section B of this Solicitation.

4. SYSTEM FOR AWARD MANAGEMENT: The Contractor must be registered in the System for Award Management (SAM) to be eligible for the resultant award. Registration can be completed, at no charge, at http://www.sam.gov.

5. BASIS FOR AWARD: Award will be made once the Contracting Officer determines the Contractor has been responsive to this solicitation; is responsible per FAR Part 9, and its price is deemed fair and reasonable. SPLIT OR MULTIPLE AWARDS WILL NOT RESULT FROM THIS

SOLICITATION.

6. CONTRACTING POINT OF CONTACT:

Kim Beard, Contract Specialist US Army Corps of Engineers, Chicago District Contracting Office 312‐846‐5378

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

BASE WORK: CLAY DIKE MATERIALS

FIRM-FIXED PRICE (FFP)

The Contractor will be required to furnish all labor, plant and materials to furnish, deliver, and unload clay dike materials to the Calumet Harbor CDF Clay per Section C (Scope of Work).

This Item identifies information that relates directly to Sub-Items 0001AA through 0001AE; therefore, this item number is not to be scheduled separately for delivery, identified separately for shipment or performance, or priced separately for payment purposes. In that regard, the Offeror shall set forth its pricing at Sub- Items 0001AA through 0001AE.

PURCHASE REQUEST NUMBER: W81G6632354860

NET AMT

0001AA 2,500 Cubic

Yard

1st Delivery

FFP

Furnish, deliver, and unload at the Calumet Harbor CDF Clay per Section C. Clay shall be completely delivered within 45 days following contract award, but shall not be delivered prior to 30 days after contract award.

0001AB 2,500 Cubic

2nd Delivery

Furnish, deliver, and unload at the Calumet Harbor CDF Clay per Section C. Clay shall be completely delivered within 14 days following the 1st Delivery.

0001AC 2,500 Cubic

3rd Delivery

Furnish, deliver, and unload at the Calumet Harbor CDF Clay per Section C. Clay shall be completely delivered within 14 days following the 2nd Delivery.

0001AD 2,500 Cubic

4th Delivery

Furnish, deliver, and unload at the Calumet Harbor CDF Clay per Section C. Clay shall be completely delivered within 14 days following the 3rd Delivery.

0001AE 2,500 Cubic

5th Delivery

Furnish, deliver, and unload at the Calumet Harbor CDF Clay per Section C. Clay shall be completely delivered within 14 days following the 4th Delivery.

0002 2,500 Cubic

OPTION OPTION 1 WORK: CLAY DIKE MATERIALS

At the discretion of the government, the Contractor may be issued a contract modification to award the quantity of this line item by not later than 10 January 2014. If this line item is awarded, the Contractor will be required to furnish all labor, plant and materials to furnish, deliver, and unload clay materials to the Calumet Harbor CDF Clay per Section C (Scope of Work).

0003 2,500 Cubic

OPTION OPTION 2 WORK: CLAY DIKE MATERIALS

At the discretion of the government, the Contractor may be issued a contract modification to award the quantity of this line item by not later than 10 January 2014. If this line item is awarded, the Contractor will be required to furnish all labor, plant and materials to furnish, deliver, and unload clay materials to the Calumet Harbor CDF Clay per Section C (Scope of Work).

TOTAL PROPOSED PRICE: $____________________

Section C - Descriptions and Specifications

SCOPE OF WORK

FOR

SUPPLYING, DELIVERING AND

UNLOADING OF CLAY DIKE MATERIALS

AT THE CALUMET HARBOR CONFINED

DISPOSAL FACILITY,

IN SUPPORT OF THE CHICAGO

DISTRICT OPERATIONS

SEDIMENT MANAGEMENT PROJECT

FY 2013

DESCRIPTION / SPECIFICATIONS / WORK STATEMENT

C.1 GENERAL

C.1.1 PURPOSE

The clay material acquired by this purchase will be used to build a material segregation pad at the Chicago Area CDF (Calumet Harbor). The scope of work includes furnishing, delivering and unloading clay materials upon a Corps of Engineers-furnished construction site. All days referenced within this specification are calendar days unless specifically defined otherwise.

C.1.2 SCOPE

The work to be completed includes the supply, delivery and unloading of clay materials. The clay used for this contract is described in the following specifications.

C.1.3 REFERENCES

The following publications of the issues listed below, but referred to thereafter by basic designation only, form a part of this specification to the extent indicated by reference thereto:

US ARMY CORPS OF ENGINEERS

EM 385-1-1 (15 September 2008) Safety and Health Requirements Manual

AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)

ASTM D 698 (2007el) Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf/cu.ft.

(600 kN-m/cu. M.))

ASTM D 2216 (2005) Laboratory determination of Water (Moisture) Content of Soil and Rock by Mass

ASTM D 2922 (2005) Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth)

ASTM D 3017 (2005) Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth)

ASTM D 422 (1963; R 2002) Particle Size Analysis of Soils

U.S ENVIRONMENTAL PROTECTION AGENCY (USEPA)

EPA 600/4-79/020 (1983) Methods for Chemical Analysis of Water and Wastes

EPA SW – 846 Test Methods for Evaluating Solid Waste; Physical/Chemical Methods -Online

AMERICAN PUBLIC HEALTH ASSOCIATION,

AMERICAN WATER WORKS ASSOCIATION,

WATER ENVIRONMENT FEDERATION

Standard Methods for the Examination of Water and Wastewater – Online or 21st Edition

C.1.4 LOCATION

The delivery point shall be at the Chicago District, Calumet Harbor Confined Disposal Facility, on the south side of the mouth of the Calumet River, in Chicago, IL. The nearest street address is: 3600 E. 95th Street

Chicago, IL 60617. This is the location of the International Port of Chicago, located in the City of Chicago. It is at this location where a guarded gate is located. However, the access gate for equipment is adjacent, and a USACE escort is required for entry past the Port of Chicago.

Clay material may be temporarily placed or partially dumped in the construction area during the contractor’s unloading operations. Please coordinate the final placement of clay onto the site with the contract Technical Point-of-Contact.

C.1.5 COORDINATION

The Contractor shall coordinate the deliveries and placement with the Technical POC, Bob Paluch, or any other individual subsequently designated by the Contracting Officer. Mr. Paluch’s contact information is: US Army Corps of Engineers, Chicago District, Construction Operations Technical Support Section, 231 S. LaSalle Street, Suite 1500, Chicago, Illinois 60604, phone no. 312-846-5482 (cellular 312-860-0128), or Robert.G.Paluch@usace.army.mil.

C.1.6 INSPECTION AND ACCEPTANCE

The Contractor’s performance regarding the quality and quantity of clay materials delivered, and any documentation or written material in support thereof, shall be subject to inspection, review and acceptance by the Contracting Officer’s Representative (COR).

C.1.7 SUBMITTALS

The Contractor shall make submittals as required by the contract specifications. The Contracting Officer may request submittals in addition to those specified, if a situation arises and additional submittals are deemed necessary to adequately describe the work covered in the respective sections. Each submittal shall be complete and in sufficient detail to allow ready determination of compliance with contract requirements. Submittals requiring Government approval shall be scheduled and made prior to the acquisition of the material or equipment covered thereby. Two (2) copies of each submittal shall be sent to the following address: US Army Corps of Engineers, Chicago District, 231 S. LaSalle Street, Suite 1500, Chicago, IL 60604, or the documents may be submitted electronically as .pdf files.

1.7.1 SUBMITTAL PROCEDURES

The following provisions govern the review process for all submittals provided to the Government by the Contractor:

1.7.1.1 SUBMITTAL CLASSIFICATION

Government approval is required for submittals with a "G" designation; submittals not having a "G" designation are for information only. Government approval is required for submittals with a "G" designation; submittals not having a "G" designation are for information only.

1.7.1.2 APPROVED SUBMITTALS

The Contracting Officer's approval of submittals shall not be construed as a complete check, but will indicate only that the general materials, details, or other pertinent information is satisfactory. Approval will not relieve the Contractor of the responsibility for any error that may exist, as the Contractor is responsible for satisfying the conditions presented within this contract.

1.7.1.3 DISAPPROVED SUBMITTALS

The Contractor shall make all corrections required by the Contracting Officer, and promptly furnish a corrected submittal in the form and number of copies specified for the initial submittal. If the Contractor considers any correction indicated on the submittals to constitute a change to the contract, a notice in accordance with the Contract Clause "Changes" shall be given promptly to the Contracting Officer.

1.7.1.4 SCHEDULING

Adequate time (a minimum of 5 calendar days exclusive of mailing time) shall be allowed for review and approval of all submittals. No delay damages or time extensions will be allowed for time lost in late submittals by the Contractor.

1.7.1.5 GOVERNMENT APPROVED SUBMITTALS

Upon completion of review of submittals requiring Government approval, the submittals will be identified as having received approval by being so stamped and dated. One (1) copy of the submittal will be retained by the Contracting Officer, and one (1) copy of the submittal will be retained by the Technical POC. The contractor will be notified electronically via email of submittal approval.

1.7.1.6 INFORMATION ONLY SUBMITTALS

Normally, submittals requested for information only will not be returned. Approval of the Contracting Officer is not required on information only submittals. The Government reserves the right to require the Contractor to resubmit any item found not to comply with the contract requirements. This does not relieve the Contractor from the obligation to furnish material conforming to the specifications, will not prevent the Contracting Officer from requiring removal and replacement of nonconforming clay material provided by the Contractor, and does not relieve the Contractor of the requirement to furnish samples for testing by the Government laboratory or for check testing by the Government in those instances where the technical specifications so prescribe.

1.7.2 SPECIFIC SUBMITTAL ITEMS

The following documents shall be submitted:

SD-01 PRE-CONTRACT EXECUTION SUBMITTALS

C.1.7.2.1 CERTIFICATE(S) OF INSURANCE; G

The Contractor shall submit a Certificate of Insurance within seven (7) calendar days after the award of this contract.

Refer to paragraph H.7 of this specification for further information regarding the requirements for this submittal.

C.1.7.2.2 CLAY MATERIALS SOURCE(S); G

For each type of clay material that is furnished, the Contractor shall, at least fourteen (14) calendar days in advance of using a source, designate in writing one source or one combination of sources. The submission of information for all proposed clay source(s) shall include available laboratory testing records.

C.1.7.2.3 GEOTECHNICAL LABORATORY TEST RESULTS; G

Within fourteen (14) calendar days of contract award, the Contractor shall submit a copy of laboratory test results as required below for each source of clay proposed for delivery.

C 1.7.2.4 CLAY MATERIAL FROM COMMERCIAL SOURCE; G

Within fourteen (14) calendar days of contract award, the Contractor shall submit for approval the current name/location/address and telephone number of each commercial source for clay material used for this contract, and the submittal shall provide a corresponding letter signed by the owner/operator of the quarry or borrow site certifying that all Federal, State, and local environmental and operating permits have been acquired and the site is in compliance. Applicable environmental and operating permits need to be listed on the submittal. The commercial borrow site or quarry must be in the business of providing borrow material, significant quantities of borrow materials must have been sold from the site or quarry in the past, and the borrow material must meet all applicable Federal, state, and local environmental statutory and regulatory requirements. This submittal does not relieve the Contractor of the requirements in the Paragraph “ENVIRONMENTAL TESTING OF BORROW MATERIALS”.

C.1.7.2.5 ENVIRONMENTAL SAMPLING PLAN FOR CLAY MATERIAL; G

Within fourteen (14) calendar days of contract award, the Contractor shall submit a sampling plan for the clay material as described in Paragraph “SAMPLING PLAN FOR CLAY MATERIALS” provided in this specification for each source of clay proposed for delivery. Prior to sampling clay material from any given source, the Contractor must have a Government approved environmental sampling plan for clay material. The Contractor shall submit an environmental sampling plan for clay material before proceeding with sampling of any given source. Samples collected prior to Government approval of an environmental sampling plan for clay material will not be considered and any costs associated with sampling prior to approval of an environmental sampling plan for clay material will be the Contractors expense.

C.1.7.2.6 ENVIRONMENTAL SAMPLING REPORT FOR CLAY MATERIAL; G

Within fourteen (14) calendar days following the collection of the environmental samples, the Contractor shall submit a sampling report for the clay material as described in Paragraph “SAMPLING REPORT FOR CLAY MATERIALS” provided in this specification for each source of clay proposed for delivery. Prior to excavating material from any given borrow source and bringing it to the job site, the Contractor shall submit, for Government review and approval, the final report of environmental sampling and testing for any given source. No material from a borrow site shall be brought to the project site before the Contractor receives written Government approval of the environmental sampling report for clay material.

SD-02 DELIVERY SPECIFIC DOCUMENTS

C.1.7.2.7 INVOICES AND DELIVERY RECEIPTS; G

After a delivery of clay is completed, the Government and the Contractor shall agree on a measurement of the acceptable delivered materials within five (5) calendar days. This agreement can be based on certified weight scale tickets, or carrier displacement calculations based on draft gauge readings. The material quantity determined shall be provided to the contractor electronically, and shall serve as a receipt of Government acceptance of the clay. The Contractor’s invoice for the clay materials delivered shall be submitted to the Government within fourteen (14) days after the receipt of this quantity determination. The contractor’s invoice should use the quantity determination made for each line item, and also include the contract number, contract unit price, subtotals, and the date the invoice is submitted.

SD-07 CERTIFICATES

C.1.7.2.8 WEIGH SCALE CERTIFICATION;

If an on-site scale is used, prior to the use thereof, submit details on the location and construction of the scale and a copy of the certification of the scale's accuracy from the local weights and measures regulating agency.

C.1.7.2.9 CERTIFIED WEIGHT SCALE TICKETS; G

A copy of each weigh bill, including certification of exact weight, time of weighing and delivery shall be submitted within one (1) workday after weighing.

C.1.8 MEASUREMENT AND PAYMENT

C.1.8.1 MEASUREMENT

Measurements shall be performed by the bank cubic yards of material acceptably delivered to the designated area, as determined by the certified scale weight tickets as approved by the authorized Contracting Officer’s Representative (COR). The weight tickets will be used in combination with the measured material density to arrive at the volume of material delivered.

C.1.8.1.1 METHOD OF DETERMINING WEIGHT WITH DELIVERY BY TRUCK

The method of measurement for determining the weight of clay materials delivered by truck shall be certified weigh bills provided by the Contractor. Weigh bills and the scales used for weighing of trucks and materials contained therein shall, unless otherwise approved by the COR, conform to the following requirements:

a. Scales shall conform to the requirements of the NBS Handbook \-H 44-\. The tolerance applications of the

Handbook, as applicable to under registration and over registration and to tests involving digital indications or representations, shall apply. A scale shall not be used for weighing a load totaling more than the nominal capacity, marked on the scale by the manufacturer. Any portion of the load in excess of the nominal scale capacity will not be considered for payment.

(1) The accuracy of the scale shall be checked. When a State scale inspector is not immediately available for checking the scale, the Contractor may, at its own expense, secure a check from a local official sealer of weights and measures, or the COR, may give tentative approval, based on check truckloads weighed on other scales which bear an official seal placed in the current calendar year.

b. The total weight of a single highway vehicle shall be weighed as a single draft and shall not be determined by adding together the results obtained by separately weighing each end of such vehicle except that weighing of a coupled combination may be determined without uncoupling under the following conditions:

(1) The brakes are released.

(2) There is no tension or compression on the drawbar.

(3) The approaches are straight and in the same level plane as the scale platform.

(4) The approaches are paved at least fifty (50) feet in each direction with a seal coat or higher type surfacing.

(5) The approaches are of sufficient width and length to ensure level positioning of vehicles during the weighing operation.

c. When a print-out system is employed on a platform or surge bin scale, it shall be equipped with a printer, which shall print the following information on a triplicate ticket for each truckload:

(1) Time

(2) Date

(3) Sequential ticket number (may be preprinted on ticket)

(4) Gross Weight

(5) Tare Weight (trucks shall be tare weighed at least twice daily)

(6) Net Weight

(7) Net accumulated job daily total

(8) Truck identification number

d. The system shall be so interlocked as to allow printing only when the scale has come to a complete rest.

C.1.8.1.1.1 SCALES

For scales not equipped with the print-out system as stated above, weigh bills shall contain the same or equivalent data as specified for the print-out system. Weigh bills, including print-outs, shall be certified by the signature of the scale operator, which shall attest that the information shown on the weigh bill is correct and is the weight(s) observed on the scale at the time of weighing. Each weigh bill shall also be certified by the Contractor attesting that the entire load was properly delivered to the designated delivery Docks, and shall show the time and date of weighing and the time and date of unloading. Each truck shall be plainly marked by a distinctive number, letter, or name, which shall not be changed or given to any other truck during the contract period. The Government reserves the right to periodically inspect the weighing operations at the scales.

C.1.8.1.1.2 ON-SITE SCALES

On-site scales shall be certified by the applicable local weights and measures regulating agency and shall be as approved by the COR. Scales shall be of the recording type and of the size required to weigh the materials and containers or vehicles. The scale shall include housing for the instruments and scale operator, with heat, lighting and ventilation.

C.1.8.2 PAYMENT

Separate or direct payment will not be made for quality control program, and all costs associated there with shall be included in the applicable unit price or lump-sum prices contained in the bidding schedule.

C.1.8.2.1 METHOD OF PAYMENT

Payments for partial deliveries of each line item shall be made after satisfactory acceptance of the clay materials at the point of delivery. All deliveries are subject to the acceptance of the Government, in accordance with all contract provisions. Payments will be permitted in accordance with FAR 52.232-1.

PART 2 PRODUCT SOURCE CONTROL

C.2.1 PRE-PRODUCTION QUALITY CONTROL

C.2.1.1 MATERIAL QUALITY

Before selecting a source, the Contractor shall be reasonably certain that the source is capable of meeting the quality and source requirements specified in the paragraphs C.3.1 CLAY MATERIALS and the associated subparagraphs.

PART 3 PRODUCT REQUIREMENTS

C.3.1 CLAY MATERIALS

The materials to be furnished shall meet all requirements specified in this Section of the specification. Materials that have been delivered to the delivery site and are rejected shall be removed from the delivery site at the Contractor’s expense. All rejected material shall be returned to the source at the Contractor’s expense.

C.3.1.1 MATERIAL CHARACTERISTICS

All clay shall be of a quality to insure permanence of the structure in the climate in which it is to be used. The clay shall be acceptable from both an environmental and geotechnical perspective.

C.3.2 GEOTECHNICAL CLAY TESTING

Geotechnical testing of clay borrow source materials shall as follows:

a. Compaction as per ASTM D 698, with no less than 1 test for each borrow site and a frequency of 1 test for every 2500 cubic yards. Standard Form 3843 shall be used.

b. Hydraulic Conductivity as per ASTM D 5084, with no less than 1 test for each borrow site and a frequency of 1 test for every compaction curve. Test shall be made at or less than 3% wet of optimum moisture content. Standard Form 3844 shall be used.

c. Attenberg Limits as per ASTM D 4318, with 1 test for each hydraulic conductivity test. Standard Form 3838 shall be used.

d. Particle Size as per ASTM D 422, with 1 test for each hydraulic conductivity test. Standard Form 3841 and 2087 shall be used.

e. Unconfined Compressive Test as per ASTM D 2166, with 1 test for each compaction test. Test shall be made at or less than 3% wet of optimum moisture content. Standard Form 2166.

Test shall only be performed by a Government laboratory or a Government approved laboratory, for the initial set of testing required for clay pit approval, and whenever a geological change occur.

C.3.2.1 Classification Testing

The test pits or borings shall extend to the full depth of the proposed borrow source. Visual classification as described in ASTM D 2487 shall be performed over the full depth of each test pit or boring by a competent geologist or geotechnical engineer under the direction of a registered geologist or geotechnical engineer.

C.3.2.2 Compaction Testing

A representative sample from each 2500 cubic yards of borrow materials shall be tested to establish compaction curves using ASTM D 698. The compaction curves shall be plotted on a single graph of dry density versus moisture content.

C.3.2.3 Hydraulic Conductivity Testing A hydraulic conductivity test shall be performed at the frequency described in Table 1. The following procedures shall be adhered to when performing the hydraulic conductivity testing:

a. Saturation of test specimens shall be verified by determination of the B coefficient. The B coefficient must be at least 0.95. The B coefficient is defined as the change in pore water pressure divided by the change in confining pressure.

b. During consolidation of the test specimens, outflow volumes versus time shall be recorded on a semi-log graph to confirm primary consolidation has been completed prior to permeation of the specimens.

c. The permeate used for back pressure saturation and permeation shall be 0.01 molar calcium chloride solution created from deaired, distilled water as specified in ASTM D 5084.

d. The average effective confining pressure shall be 30 psi.

C.3.2.4. Acceptable Zone Development An "Acceptable Zone" of moisture contents and densities shall be developed, identified in plan and profile, numbered, and displayed with the compaction curve graphs for each 2500 cubic yards of borrow material or combination of borrow materials. The "Acceptable Zone" shall consist of moisture-density test values that meet the following requirements:

a. Maximum Allowable Hydraulic Conductivity= 1 x 10 to the -7 em per second.

b. The minimum allowable moisture content shall be no less than optimum moisture content based on

ASTMD 698.

c. The minimum allowable density shall be no less than 90 percent of maximum dry density based on

ASTMD 698.

d. The minimum unconfined compressive strength shall be no less than 0.7 tsf based on ASTM D 2166.

C.3.3 ENVIRONMENTAL ACCEPTABILITY

The laboratory selected to perform the laboratory analysis for environmental testing must comply with the requirements of the DOD Quality Systems Manual (QSM) and shall be certified through the National Environmental Laboratory Accreditation Conference/National Environmental Laboratory Accreditation Program (NELAC/NELAP) certification program.

Prior to sampling the clay material for environmental testing, the Contractor shall submit a soil sampling plan.

Samples collected prior to Government approval of a soil sampling plan will not be considered and any costs associated with sampling prior to approval of a soil sampling plan will be at the Contractors expense.

C.3.3.1 SATISFACTORY CLAY MATERIALS

All clay material shall consist of impervious material classified as CL in accordance with ASTM D 2487. Clay shall be free of roots and other organic matter, trash, debris, or frozen material, and shall have a maximum clod size of 2 inches at the time of compaction. The clay materials shall be free from roots and other organic matter, contamination from hazardous, toxic, or radiological substances, trash, debris, frozen materials, and stones larger than three (3) inches in any dimension. Material from any given source must satisfy the all the geotechnical requirements and the environmental requirements set forth in the "ENVIRONMENTAL TESTING OF CLAY MATERIAL" paragraph in this specification.

C.3.3.2 UNSATISFACTORY CLAY MATERIALS

Examples of unacceptable materials include rubbish, vegetation, construction debris (such as wood, brick, mortar, of concrete), and contaminated soils (including hazardous, toxic, or radiological substances). Material from any given borrow site that does not satisfy all the requirements set forth in the " ENVIRONMENTAL TESTING OF CLAY MATERIAL" paragraph in this specification shall be deemed unsatisfactory and shall not be used for this contract.

All slag materials, or materials containing slag, and other recycled waste materials are unsatisfactory and are not considered to be soils for engineering purposes, as described in ASTM D 2487. Slag or any other recycled waste materials shall not be used as fill materials under this contract.

C.3.3.3 IN-SITU CLAY MATERIALS

In-situ clay materials are those native, undisturbed materials that are in-situ at a borrow source (new or existing) prior to being selected for use on this project.

C.3.3.4 STOCKPILED CLAY MATERIALS

Stockpiled clay materials are those materials that are stockpiled for use at the time of identification for use on the project. This includes but is not limited to spoil piles, soils identified for re-use or purchased for re-use off of the original site, recycled clay materials including those from a commercial operation, piles of material that are ex-situ at the time of identification for use on the project, and any other materials that are not in-situ in the native condition.

C 3.4 SELECTION OF BORROW MATERIALS

Materials required in this Section for construction may be taken from approved commercial borrow sites or from approved borrow site locations obtained by the Contractor. Borrow material shall be satisfactory materials as defined in the Paragraph “SATISFACTORY CLAY MATERIALS” in this Section. The Contractor shall not bring borrow materials to the job site until all required submittals and reports pertaining to borrow material have been approved in writing by the Government. Clay materials shall meet requirements of the “ENVIRONMENTAL ACCEPTABILITY” Section of this specification. The Contractor shall not bring material to the job site until all required laboratory test results and reports pertaining to the borrow material have been approved in writing by the Government. If the Contractor brings material to the job site from any borrow source without first obtaining written approval for that borrow source from the Government, the materials shall be removed within forty-eight (48) hours of receipt of a direction from the Government to remove the material from the job site. The Contractor shall not be entitled to any additional increase in the contract price or any additional time for completion of the contract associated with the removal of the materials, notwithstanding any other provision in the contract. If the Contractor has not completed removal of the material from the job site within forty-eight (48) hours of receipt of a direction from the Government to remove the material for the job site, this failure shall constitute a material breach of the contract and entitle the Government to all appropriate remedial actions including, but not limited to, termination for default.

C 3.4.1 CLAY MATERIAL FROM COMMERCIAL SOURCE

In accordance with Paragraph C 1.7.2.4 of the specifications, the Contractor shall submit for approval the current name/location/address and telephone number of each commercial source for clay material used for this contract, and the submittal provide a corresponding letter signed by the owner/operator of the quarry or borrow site certifying that all Federal, State, and local environmental and operating permits have been acquired and the site is in compliance.

Applicable environmental and operating permits need to be listed on the submittal. The commercial borrow site or quarry must be in the business of providing borrow material, significant quantities of borrow materials must have been sold from the site or quarry in the past, and the borrow material must meet all applicable Federal, state, and local environmental statutory and regulatory requirements.

C 3.4.2 ENVIRONMENTAL TESTING OF CLAY MATERIAL

Prior to bringing borrow material from a borrow source to the job site, the Contractor shall submit for approval a request to utilize any given borrow source. Submission for approval includes an environmental soil sampling plan and soil sampling report. The Contractor shall not bring material to the job site until the environmental soil sampling plan and soil sampling report, for any given borrow source, are submitted and have been approved in writing by the Government. The Contractor shall remove material brought to the job site that does not have written Government approval in accordance with the provisions set forth in the "SELECTION OF BORROW MATERIALS" paragraph in this section. Any costs associated with deviating from the requirements in this section will be at the Contractor's expense.

The borrow material obtained from any borrow source will be considered acceptable under this part if the concentrations obtained by the analysis of all parameters specified in the Paragraph “SAMPLING PLAN FOR CLAY MATERIAL” are below the concentrations included in Tables 1 and 2 attached. If the concentrations obtained by the analysis of one or more of the parameters set forth in Table 1 and Table 2 are exceeded, the material from that source will be deemed unsatisfactory and may not be used for this contract. Analytical results shall not be averaged for purposes of determining compliance with the requirements set forth in Table 1 and Table 2.

C 3.4.3 SAMPLING PLAN FOR CLAY MATERIAL

Prior to sampling borrow material from any given source, the Contractor must have a Government approved soil sampling plan. The Contractor shall submit a soil sampling plan for environmental testing of the borrow material before proceeding with sampling of any given source. Samples collected prior to Government approval of a soil sampling plan will not be considered and any costs associated with sampling prior to approval of a soil sampling plan will be the Contractors expense.

The Contractor shall address the following, at a minimum, in the soil sampling plan for any given source of material:

location of the material source, proposed sample locations (including detailed drawings showing the plan view of the sample locations), volume of borrow material, sample collection and handling procedures, laboratory selected, laboratory certifications, parameters to be analyzed, analytical methods, laboratory reporting limits, QA/QC requirements, chain of custody procedures, the quality assurance project plan (QAPP), data quality objectives, data validation, and reporting requirements. The data quality objectives for the soil sampling are to detect contamination and produce results that are below the concentrations for all parameters included in Table 1 and Table 2, attached. If a Phase I or Phase II environmental site assessment of the borrow site exists, this information shall be submitted as part of the sampling plan. The Contractor shall use and submit the name and Statement of Qualifications of one or more qualified environmental professionals who will conduct all sampling, analysis, and reporting as part of the sampling plan. The environmental professional(s) shall be knowledgeable and practiced in sample collection, analysis, and reporting of environmental media, and have a minimum of three (3) years of experience in the sample collection of environmental media. The laboratory selected to perform the laboratory analyses must comply with the requirements of the Department of Defense (DOD) Quality Systems Manual (QSM), and the laboratory shall be accredited through the National Environmental Laboratory Accreditation Conference/National Environmental Laboratory Accreditation Program (NELAC/NELAP). The current laboratory certification shall be submitted with the sampling plan. A current list of NELAP accredited laboratories is available from the following NELAC Institute website: http://www.nelac-institute.org/.

The Contractor shall sample and test the clay material for all of the parameters listed in Table 1 and Table 2 using SW-846 methodology. Total and Synthetic Precipitation Leaching Procedure (SPLP) metal analysis shall include the following metals: Antimony, Arsenic, Barium, Beryllium, Cadmium, Chromium, Copper, Mercury, Nickel, Silver, Lead, Zinc, and Selenium.

The sampling frequency for the materials depends on whether the borrow material is in-situ (in-situ borrow materials) or is ex-situ (stockpiled borrow materials.) For in-situ borrow materials, the Contractor shall collect at least one composite sample for every ½ acre of property where borrow will be obtained, from any given borrow location. A minimum of three composite samples shall be collected for any given borrow location. The Contractor shall composite each individual sample to represent the vertical extent of the borrow area. The Contractor shall distribute samples to adequately cover the horizontal extent of the borrow area. The proposed sample locations shall be included in the soil sampling plan. The Contractor shall sample soils in-situ and shall not remove in-situ materials, or bring materials to the job site, until the soil sampling plan and environmental soil sampling report, for any given in-situ source, are submitted and have been approved in writing by the Government.

For stockpiled (ex-situ) borrow materials, the Contractor shall collect at least one sample for every 250 cubic yards of stockpiled material. A minimum of three samples shall be collected from any given stockpile. The Contractor shall include the stockpile size and the proposed sample locations in the soil sampling plan. In addition, the Contractor shall describe how the stockpiled material is being secured to ensure that the material being tested will remain in the stockpile and will be the same material used on the project site in the soil sampling plan. The Contractor shall locate samples throughout the stockpile to ensure that the horizontal and vertical extent of the stockpile is adequately covered. The Contractor shall not move or remove stockpiled materials, or bring materials to the job site until the soil sampling plan and environmental soil sampling report, for any given ex-situ source, are submitted and have been approved in writing by the Government.

The Contractor shall notify the Government at least 48 hours prior to sampling activities. The Government may choose to have a representative on-site during sampling activities.

C 3.4.4 SOIL SAMPLING REPORT FOR CLAY MATERIAL

Prior to excavating material from a borrow source and bringing it to the job site, the Contractor shall submit, for Government review and approval, the final report of environmental soil sampling and testing for any given source.

No material from a borrow source shall be brought to the project site before the Contractor receives written Government approval of the soil sampling report for the borrow source. The report shall consist of, at a minimum: a narrative of information obtained during sampling, copies of field notes, identification of sample locations from borrow material, copies of chain of custody forms, copies of laboratory data, a table comparing the analytical results to the contract requirements specified in the "ENVIRONMENTAL TESTING OF CLAY MATERIALS" paragraph in this section, and a discussion of results and conclusions. The report shall be called "final" after approval is made by the Government. The Contractor is responsible for maintaining accurate records to support information for development of the borrow source. Only after receiving written Government approval of the soil sampling report for the borrow source will the Contractor be allowed to import soil material from that source to the contract job.

See attached document which includes TABLE-1 and TABLE-2 of allowable Illinois Compounds, which applies to the materials supplied under this contract, and must be referenced in all test reports submitted.

END OF WORK STATEMENT/DESCRIPTION

DELIVERIES AND PERFORMANCE

TIME OF DELIVERY, COMMENCEMENT, AND COMPLETION

The Government requires delivery to be made according to the following schedules:

REQUIRED DELIVERY SCHEDULE

MINIMUM/MAXIMUM NUMBER OF DAYS

ITEM NO QUANTITY AFTER RECEIPT OF DELIVERY ORDER

0001AA 2500 CY (See Bid Schedule) 0001BB 2500 CY (See Bid Schedule)

0001CC 2500 CY (See Bid Schedule)

0001DD 2500 CY (See Bid Schedule)

0001EE 2500 CY (See Bid Schedule)

Delivery shall be made starting as shown above, weather and other conditions permitting with final delivery not later than shown above. Deliveries to the Calumet Harbor CDF must be coordinated to coincide with the work schedule, compacting and testing at that location, and should be coordinated with the Technical POC.

OPTION WORK ITEMS

0002 2500 CY (See Bid Schedule)

0003 2500 CY (See Bid Schedule)

CONTRACT OPTIONS: At the discretion of the Government, any, all or none of the Options in the bid schedule may be awarded by 10 January, 2014.

Delivery of materials to be offloaded by the Contractor shall be Monday through Friday, except Federal holidays, between 7:00 A.M. and 4:00 P.M. Advance notice should be given to coordinate the deliveries with the planned attendance with an USACE representative on site. Other obligations may require that the CDF is not manned every day. On some occasions, the work crew may be working on weekends, and if the contractor has a delivery over those particular weekends, this can be arranged in advance. However, for the purpose of this contract, no weekend deliveries should be considered.

APPENDIX A11

SAFETY- ACCIDENT PREVENTION PLAN

11. ABBREVIATED APP for LIMITED-SCOPE SERVICE, SUPPLY AND R&D CONTRACTS.

If service, supply and R&D contracts with limited scopes are awarded, the contractor may submit an abbreviated Accident Prevention Plan. This APP shall address the following areas at a minimum. If other areas of the EM 385-1-1 are pertinent to the contract, the contractor must assure these areas are addressed as well (such as truck safety on site, heavy equipment safety, and cranes if applicable).

a . Title, signature, and phone number of the plan preparer.

b. Background Information to include: Contractor; Contract number; Project name; Brief project description, description of work to be performed, and location (map); The project description shall provide a means to evaluate the work being done (see AHA requirements in 01.A.13) and associated hazards involved. Contractor's APP shall address the identified hazards involved and the control measures to be taken.

c. Statement of Safety and Health Policy detailing their commitment to providing a safe and healthful workplace for all employees.

d. Responsibilities and Lines of Authorities- to include a statement of the employer's ultimate responsibility for the implementation of his SOH program; Identification and accountability of personnel responsible for safety at all levels to include designated site safety and health officer (SSHO) and associated qualifications. The District SOHO will review the qualifications for acceptance.

e. Training - new hire SOH orientation training at the time of initial hire of each new employee and any periodic retraining/recertification requirements (as applicable).

f. Procedures for job site inspections - assignment of responsibilities and frequency.

g. Procedures for reporting man-hours worked and reporting and investigating any accidents as soon as possible but not more than 24 hours afterwards to the Contracting Officer/Representative (CO/COR). An accident that results in a fatal injury, permanent partial or permanent total disability shall be immediately reported to the Contracting Officer.

h. Emergency Planning. Employees working alone shall be provided an effective means of emergency communication. This may be cellular phone, two-way radio or other acceptable means. The selected means of communication must be readily available and must be in working condition.

i. Drinking Water provisions, toilet and washing facilities.

j. First Aid and CPR training (at least two employees on each shift shall be qualified/certified to administer first aid and CPR) and provision of first aid kit (types/size).

k. Personal Protective Equipment.

(1) WORK CLOTHING- Minimum Requirements. Employees shall wear clothing suitable for the weather however minimum requirements for work shall be short-sleeve shirt, long pants (excessively long or baggy pants are prohibited) and leather work shoes. If analysis determines that safety-toed (or other protective) footwear is necessary (i.e., mowing, weed-eating, chain saw use, etc), they shall be worn.

(2) Eye and Face Protection. Eye and face protection shall be worn as determined by an analysis of the operations being performed HOWEVER, all involved in chain saw use, chipping, stump grinding, pruning operations, grass mowing, weed-eating and blowing operations shall be provided safety eyewear (Z87.1) as a minimum.

(3) Hearing Protection. Hearing protection must be worn by all those exposed to high noise activities (to include grass mowing and trimming, chainsaw operations, tree chipping, stump grinding and pruning).

(4) Head Protection. Hard hats shall comply with ANSI Z89.1 and shall be worn by all workers when a head hazard exists. At a minimum, hard hats shall be worn when performing activities identified in (2) above.

(5) High Visibility Apparel shall comply with ANSI/ISEA 107, Class 2 requirements at a minimum and shall be worn by all workers exposed to vehicular or equipment traffic.

(6) Protective Leg chaps shall be worn by all chainsaw operators.

(7) Gloves of the proper type shall be worn by persons involved in activities that expose the hands to cuts, abrasions, punctures, burns and chemical irritants.

(8) If work is being performed around water and drowning is a hazard, PFDs must be provided and worn as appropriate.

END APPENDIX A11

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY FULL TEXT

52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only…

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