A08_19R0024_DRAFT_RFP_4_2_19.pdf

KRISTINA J BAKER 314 331-8506

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED (RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days af ter receiving aw ard, notice to proceed. This performance period is mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______ calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIVISION

US ARMY ENGR DIST ST LOUIS

1222 SPRUCE STREET, RM 4.207

ST LOUIS MO 63103-2833

W912P9

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

314 331-8746FAX:TEL: TEL: FAX:

W912P919R0024 72

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

00 00 10-3

SCHEDU

Section 00 10 00 - Solicitation

INSURANCE

REQUIRED INSURANCE

(a) As required by the Contract Clause entitled "Insurance—Work on a Government Installation", the Contractor shall furnish to the Contracting Officer, prior to the commencement of work, a certificate or written statement as evidence of the minimum insurance listed below. The Contractor shall procure and maintain such types and amounts of insurance during the entire period of his performance under this contract. The Contractor shall assure that the certificate or written statement is in accordance with required wording indicated in paragraph b of the aforementioned Contract Clause.

(1) Workmen's Compensation – Amounts required by applicable jurisdictional statutes.

(2) Employer's Liability Insurance – $100,000.00

(3) Comprehensive General Liability Insurance – (No property damage liability insurance is required.)

Bodily Injury — $500,000 per occurrence

(4) Comprehensive Automobile Insurance –

Bodily Injury — $200,000 each person $500,000 each accident Property Damage — $ 20,000 each accident

(b) Certificates of insurance should be submitted to the following address:

Department of the Army St. Louis District, Corps of Engineers 1222 Spruce Street St Louis, Mo 63103

(End of clause)

BID SHEET

Item No.

Estimated Description Quantity Unit

Unit Price

Estimated Amount _

0001.

Mobilization and Demobilization 1 JOB

0002. Bonds 1 JOB _

0003. Stripping 1 JOB _

0004. Clearing and Grubbing 1 JOB _

0005. Establishment of Turf 1 JOB _

0006. Site Demolition and Restoration 1 JOB _

0007. Work Platform 1 JOB _

00 00 10-4

0008. Cement Bentonite Slurry Trench Cutoff Wall

a. First 193,470 square feet 193,470 SF

b. All over 193,470 square ft 64,490 SF _

0009. Cement Bentonite Slurry Trench Cutoff Wall (Rock

a. First 1,900 square feet 1,900 SF

Key-in)

b. All over 1,900 square feet 1,900 SF _

0010. Impervious Clay Fill

a. First 1,950 cubic yards 1,950 CY

b. All over 1,950 cubic yards 1,950 CY

0011.

Offsite Borrow

a. First 1,950 cubic yards 1,950 CY

b. All over 1,950 cubic yards 1,950 CY

0012.

Turf Mat 1 JOB

0013. Material Disposal 1 JOB _

0014. Environmental Protection 1 JOB _

0015. Slurry Wall Panel Coring

a. First 1330 linear ft 1330 LF

b. All over 1330 linear ft 450 LF _

0016. Test Section Installation (STA 06+00 – 07+50)

1 JOB

0017. Monthly Instrumentation Monitoring 1 JOB _

0018. Guide Wall Construction 2050 LF _

TOTAL BASE $

00 00 10-5

Item Estimated Unit Estimated No. Description Quantity Unit Price Amount _

OPTIONAL ITEM G (STA 25+01 – 33+97) AND (STA 34+78 – 42+00)

1001. Mobilization and Demobilization 1 JOB _

1002. Stripping 1 JOB _

1003. Establishment of Turf 1 JOB _

1004. Standby Time HR _

1005. Work Platform 1 JOB _

1006. Cement Bentonite Slurry Trench Cutoff Wall

(i) First 172,800 square feet 172,800 SF _

(ii) All over 172,800 square ft 57,600 SF _

1007. Cement Bentonite Slurry Trench Cutoff Wall (Rock Key-In)

a. First 1,620 square feet 1,620 SF _

b. All over 1,620 square feet 1,620 SF _

1008. Impervious Clay Fill

a. First 1,820 cubic yards 1,820 CY

b. All over 1,820 cubic yards 1,820 CY

1009. Offsite Borrow

a. First 1,820 cubic yards 1,820 CY

b. All over 1,820 cubic yards 1,820 CY

1010. Turf Mat 1 JOB _

1011. Material Disposal 1 JOB _

1012. Environmental Protection 1 JOB _

1013. Slurry Wall Panel Coring

a. First 990 linear ft 990 LF

b. All over 990 linear ft 330 LF _

1014. Geotechnical Instrumentation 1 JOB _ Installation

1015. Monthly Instrumentation 1 JOB _ Monitoring

1016. Guide Wall Construction 1591 LF _

1017. Site Demolition and Restoration 1 JOB _

TOTAL OPTION G $

00 00 10-6

OPTIONAL ITEM A-N (STA 3+75 – 6+00)

2001. Mobilization and Demobilization 1 JOB _

2002. Stripping 1 JOB _

2003. Establishment of Turf 1 JOB _

2004. Standby Time HR _

2005. Work Platform 1 JOB _

2006. Cement Bentonite Slurry Trench Cutoff Wall

1. First 22,390 square feet 22,390 SF _

2. All over 22,390 square ft 7,470 SF _

2007. Cement Bentonite Slurry Trench Cutoff Wall (Rock Key-In)

a. First 2,480 square feet 2,480 SF _

b. All over 2,480 square feet 2,480 SF _

2008. Impervious Clay Fill

a. First 230 cubic yards 230 CY

b. All over 230cubic yards 230 CY

2009. Offsite Borrow

a. First 230 cubic yards 230 CY

b. All over 230 cubic yards 230 CY

2010. Turf Mat 1 JOB _

2011. Material Disposal 1 JOB _

2012. Environmental Protection 1 JOB _

2013. Slurry Wall Panel Coring

a. First 100 linear ft 100 LF

b. All over 100 linear ft 35 LF _

2014. Monthly Instrumentation 1 JOB _

2015. Guide Wall Construction 225 LF _

2016. Site Demolition and Restoration 1 JOB _

TOTAL OPTION A-N $

00 00 10-7

Item No.

Description

Estimated Quantity

Unit

Unit Price

Estimated Amount _

OPTIONAL ITEM A-S (STA 42+00 – 46+05)

3001. Mobilization and Demobilization 1 JOB _

3002. Stripping 1 JOB _

3003. Establishment of Turf 1 JOB _

3004. Standby Time HR _

3005. Work Platform 1 JOB _

3006. Cement Bentonite Slurry Trench Cutoff Wall

a. First 43,020 square feet 43,020 SF _

b. All over 43,020 square ft 14,340 SF _

3007. Cement Bentonite Slurry Trench Cutoff Wall (Rock Key-In)

a. First 410 square feet 410 SF _

b. All over 410 square feet 410 SF _

3008. Impervious Clay Fill

a. First 240 cubic yards 240 CY

b. All over 240 cubic yards 240 CY

3009. Offsite Borrow

a. First 240 cubic yards 240 CY

b. All over 240 cubic yards 240 CY

3010. Turf Mat 1 JOB _

3011. Material Disposal 1 JOB _

3012. Environmental Protection 1 JOB _

3013. Slurry Wall Panel Coring

a. First 180 linear ft 180 LF

b. All over 180 linear ft 65 LF _

3014. Monthly Instrumentation 1 JOB _

3015. Guide Wall Construction 405 LF _

3016. Site Demolition and Restoration 1 JOB _

TOTAL OPTION A-S $

00 00 10-8

OPTIONAL ITEM B (STA 11+00 – 11+75)

4001. Mobilization and Demobilization 1 JOB _

4002. Stripping 1 JOB _

4003. Establishment of Turf 1 JOB _

4004. Standby Time HR _

4005. Work Platform 1 JOB _

4006. Cement Bentonite Slurry Trench Cutoff Wall

a. First 7,780 square feet 7,780 SF _

b. All over 7,780 square ft 2,600 SF _

4007. Cement Bentonite Slurry Trench Cutoff Wall (Rock Key-In)

(1) First 80 square feet 80 SF _

(2) All over 80 square feet 80 SF _

4008. Impervious Clay Fill

a. First 75 cubic yards 75 CY

b. All over 75 cubic yards 75 CY

4009. Offsite Borrow

a. First 75 cubic yards 75 CY

b. All over 75 cubic yards 75 CY

4010. Turf Mat 1 JOB _

4011. Material Disposal 1 JOB _

4012. Environmental Protection 1 JOB _

4013. Slurry Wall Panel Coring

1. First 105 linear ft 105 LF

2. All over 105 linear ft 35 LF _

4014. Monthly Instrumentation 1 JOB _

4015. Guide Wall Construction 75 LF _

4016. Site Demolition and Restoration 1 JOB _

TOTAL OPTION B $

00 00 10-9

OPTIONAL ITEM S (STA 18+00 – 18+75)

5001. Mobilization and Demobilization 1 JOB _

5002. Stripping 1 JOB _

5003. Establishment of Turf 1 JOB _

5004. Standby Time HR _

5005. Work Platform 1 JOB _

5006. Cement Bentonite Slurry Trench Cutoff Wall

a. First 7,650 square feet 7,650 SF _

b. All over 7,650 square ft 2,550 SF _

5007. Cement Bentonite Slurry Trench Cutoff Wall (Rock Key-In)

a. First 80 square feet 80 SF _

b. All over 80 square feet 80 SF _

5008. Impervious Clay Fill

a. First 90 cubic yards 90 CY

b. All over 90 cubic yards 90 CY

5009. Offsite Borrow

a. First 90 cubic yards 90 CY

b. All over 90 cubic yards 90 CY

5010. Turf Mat 1 JOB _

5011. Material Disposal 1 JOB _

5012. Environmental Protection 1 JOB _

5013. Slurry Wall Panel Coring

a. First 100 linear ft 100 LF

b. All over 100 linear ft 35 LF _

5014. Monthly Instrumentation 1 JOB _

5015. Guide Wall Construction 75 LF _

5016. Site Demolition and Restoration 1 JOB _

TOTAL OPTION S $

TOTAL CONTRACT $

00 00 10-7

ABBREVIATIONS

EA Each JOB Job LF Linear Feet SF Square Feet CY Cubic Yards

SCHEDULE NOTES

1. All quantities shown on the SCHEDULE are estimated quantities except when the unit is shown as job "JOB".

2. When proposals are solicited on a unit price basis, bidders shall insert in the spaces provided therefor in the SCHEDULE both the "unit price" and the "estimated amount" resulting from applying the said unit price to the estimated quantity shown. In event the bidder quotes only a total price ("estimated amount") in its bid and fails to quote the unit price, the Government will determine such unit price by dividing the total price quoted by the quantity of the item set out in the SCHEDULE. The bidder agrees that the unit price so determined shall be used for the purpose of bid evaluation, award and all payments to the Contractor including final payment.

3. All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the proposal and the extension will be corrected accordingly.

4. If a modification to a bid based on unit prices is submitted, which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price in the bid schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

5. Bidders are required to propose all items listed on the Schedule in addition to inserting a total quoted bid in the appropriate space provided.

Failure to do so will be considered good cause to disqualify the bid.

6. Bidders are encouraged to pay particular attention to the requirements on lab “validation” in Section 01 14 40 of the contract specifications.

7. EVALUATION OF SUBDIVIDED ITEMS (MAR 1995) UAI 52.211-5001

Item Nos. 0008, 0009, 0010, 0011, 0015, 1006, 1007, 1008, 1009, 1013, 2006, 2007, 2008, 2009, 2013, 3006, 3007, 3008, 3009, 3013, 4006, 4007, 4008, 4009, 4013, 5006, 5007, 5008, 5009, and 5013 are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its sub-items.

8. VARIATIONS IN ESTIMATED QUANTITIES - SUBDIVIDED ITEMS. UAI 52.211-

5001. This variations in estimated quantities clause is applicable only to Item Nos. 0008, 0009, 0010, 0011, 0015, 1006, 1007, 1008, 1009, 1013, 2006, 2007, 2008, 2009, 2013, 3006, 3007, 3008, 3009, 3013, 4006, 4007, 4008, 4009, 4013, 5006, 5007, 5008, 5009, and 5013.

(a) Variation from the estimated quantity in the actual work performed under any second or subsequent subitem or elimination of all work under such a second or subsequent subitem will not be the basis for an adjustment in contract unit price.

(b) Where the actual quantity of work performed for Item Nos. 0008, 0009, 0010, 0011, 0015, 1006, 1007, 1008, 1009, 1013, 2006, 2007, 2008, 2009, 2013, 3006, 3007, 3008, 3009, 3013, 4006, 4007, 4008, 4009, 4013, 5006, 5007, 5008, 5009, and 5013 is less than 85 percent of the quantity of the first subitem listed under such item, the Contractor will be paid at the contract unit price for that subitem for the actual quantity of work performed, and, in addition, an equitable adjustment shall be made in accordance with the Contract Clause FAR 52.212-11, Variation in Estimated Quantities.

(c) If the actual quantity of work performed under Item Nos. 0008, 0009, 0010, 0011, 0015, 1006, 1007, 1008, 1009, 1013, 2006, 2007, 2008, 2009, 2013, 3006, 3007, 3008, 3009, 3013, 4006, 4007, 4008, 4009, 4013, 5006, 5007, 5008, 5009, and 5013 exceeds 115 percent or is less than 85 percent of the total estimated quantity of the subitems under that item, and/or if the quantity of work performed under the second subitem or any subsequent subitem under Item Nos. 0008, 0009, 0010, 0011, 0015, 1006, 1007, 1008, 1009, 1013, 2006, 2007, 2008, 2009, 2013, 3006, 3007, 3008, 3009, 3013, 4006, 4007, 4008, 4009, 4013, 5006, 5007, 5008, 5009, and 5013 exceeds 115 percent or is less than 85 percent of the estimated quantity of any such subitem, and if such variation causes an increase or a decrease in the time required for performance of this contract, the contract completion time will be adjusted in accordance with the Contract Clause FAR 52.211-18, Variation in Estimated Quantities.

9. OPTIONAL BID ITEMS.

Bid items listed under OPTIONAL ITEM G, A-N, A-S, B and I are optional items.

Upon the review of inspection at the site, the Contracting Officer, in accordance with the specifications and drawings, will direct the optional bid item work as needed. The Contractor shall perform the appropriate work ONLY when directed by the Contracting Officer. The Government is not obligated to request any work under any optional item(s). The bid prices for each optional item shall represent your firm price to perform that service.

Payment will be made ONLY for work actually requested and performed to the Government’s satisfaction.

The work pertaining to optional items shall be priced, however funding and actual work may be delayed. The latest the Government would award optional item work would be 365 days from NTP.

SECTION 01 22 00 MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 PAYMENT ITEMS

Payment items for base and optional work under this Contract for which payments will be made are listed in the SCHEDULE and described below. All costs for items of work to be included in a particular job or unit price payment item, which are not specifically mentioned, shall be included in the listed job item most closely associated with the work involved. The price and payment made for each item listed shall constitute full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for which separate payment is not otherwise provided.

1.1.1 Mobilization and Demobilization

Payment for mobilization and demobilization as specified in SECTION 00700, will be made at the contract job price for base and optional "Mobilization and Demobilization" bid items, which price and payment shall constitute full compensation for providing all plant, labor, material, and equipment and performing all operations necessary for project mobilization and demobilization. Costs associated with incidental items covered under this bid item include, but are not limited to, the following items: acquiring necessary permits.

1.1.2 Bonds

Payment for costs associated with bonding will be made at the contract job price for "Bonds", as defined in the Contract Clauses, SECTION 00700.

1.1.3 Stripping

Payment for all work associated with stripping will be made at the contract job price for base and optional "Stripping" bid items, which price and payment shall constitute full compensation for the costs of all labor, equipment, and materials required to perform work as specified in SECTION 31 21 10.

1.1.4 Clearing and Grubbing

Payment for all work associated with clearing and grubbing will be made at the contract job price for base and optional "Clearing and Grubbing" bid items, which price and payment shall constitute full compensation for the costs of all labor, equipment, and materials required to perform work as specified in SECTION 31 11 00.

1.1.5 Establishment of Turf

Payment for all work associated with establishment of turf will be made at the contract job price for base and optional "Establishment of Turf" bid items, which price and payment shall constitute full compensation for the costs of all commercial borrow and associate work, labor, equipment, and materials required to perform work as specified in SECTION 32 29 35 and SECTION 32 29 45. After seeding and mulching has occurred, the Contractor will be paid 50% of the line item costs. The remainder of the costs will be paid after acceptable germination and establishment has occurred.

1.1.6 Site Demolition and Restoration

Payment for all work associated with site demolition and restoration will be made at the contract job price for base and applicable optional "Site Demolition and Restoration" bid items, which price and payment shall constitute full compensation for the costs of all labor, equipment, and materials required to perform work as specified in SECTION 02 41 00 and 31 22 40.99.

1.1.7 Work Platform

Payment for all work associated with the work platform will be made at the contract job price for base and optional "Work Platform" bid items, which price and payment shall constitute full compensation for the costs of all labor, equipment, and materials required to perform work to design, remove existing overburden, build and remove the work platform as specified and as shown on the drawings.

1.1.8 Cement-Bentonite Slurry Trench Cutoff Wall

1.1.8.1 Measurement

Measurement for cement-bentonite cutoff wall shall be based on the face area in square feet of completed cutoff wall measured in a vertical plane through the centerline of the cutoff wall, from the final/complete as-built top elevation as shown on the drawings to the bottom of the excavated panels as shown on the drawings not including into rock key-in.

Measurement shall be based on surveys and soundings taken at the site as approved by the Contracting Officer and as outlined in the as-builts and the panel closure reports.

1.1.8.2 Payment

Payment for cement-bentonite cutoff wall will be made at the contract unit price per square foot of face area for base and optional "Cutoff Wall" bid items. Such price will include costs incurred for the construction and completion of the cutoff wall and the test section. No separate payment will be made for material, equipment, handling and cleaning the slurry, quality control testing, removing and/or rebuilding any portion of the wall within the test section or project limits that fails to meet specficitions as stated in SECTION 32 20 20, record keeping, and/or site preparation.

1.1.9 Cement-Bentonite Slurry Trench Cutoff Wall (Rock Key-in)

1.1.9.1 Measurement

Measurement for cement-bentonite cutoff wall shall be based on the face area in square feet of completed cutoff measured in a vertical plane through the centerline of the cutoff wall that is installed into rock as shown on the drawings. Measurement shall be based on surveys and soundings taken at the site as approved by the Contracting Officer and as outlined in the as-builts and the panel closure reports. No payment will be made for over excavation beyond key-in to rock.

1.1.9.2 Payment

Payment for cement-bentonite cutoff wall will be made at the contract unit price per square foot of face area for base and optional "Cutoff Wall (Rock Key-In)" bid items. Such price will include costs incurred for the construction and completion of the cutoff wall and the test section. No separate payment will be made for material, equipment, handling and cleaning the slurry, quality control testing, removing and/or rebuilding any portion of the wall within the test section or project limits that fails to meet specficitions as stated in SECTION 32 20 20, record keeping, and/or site preparation.

1.1.10 Impervious Clay Fill

1.1.11.1 Measurement

Fill will be measured for payment by the cubic yard with quantities determined by the average end area method. The basis of measurement will be the cross sections of areas to be filled within the specified tolerance of the plans.

1.1.10.2 Payment

Payment for fill will be made at the applicable contract unit price per cubic yard for base and optional "Impervious Clay Fill" bid items. These prices and payments shall constitute full compensation for furnishing all plant, labor, equipment and material and performing all operations necessary to complete the work as specified in SECTION 31 22 00- EARTHWORK and as shown on the drawings.

1.1.11 Offsite Borrow

1.1.11.1 Measurement

The basis of measurement will be the cross sections of areas to be filled within the specified tolerance of the plans but must be delineated from other fill materials.

1.1.11.2 Payment

Payment for offsite borrow will be made at the applicable contract unit price per cubic yard for base and optional "Offsite Borrow" bid items. These prices and payments shall constitute full compensation for furnishing all plant, labor, equipment and material and performing all operations necessary to complete the work as specified and as shown on the drawings.

(1) Turf Mat

Payment for all work associated with removals and disposal will be made at the contract job price for base and optional "Turf Mat" bid items, which price and payment shall constitute full compensation for the costs of all labor, equipment, and materials required to complete the applicable work as specified in SECTION 32 29 45.

(2) Material Disposal

Payment for all work associated with removals and disposal will be made at the contract job price for base and optional "Material Disposal" bid items, which price and payment shall constitute full compensation for the costs of all labor, equipment, and materials required to complete the applicable work as specified in SECTION 32 20 20.

(3) Environmental Protection

Payment for all work associated with environmental protection including but not limited to berms, fencings, and all other remedial measures as to protect wetlands and project features will be made at the contract job price for base and optional "Environmental Protection" bid items, which price and payment shall constitute full compensation for the costs of all labor, equipment, and materials required to perform work as specified herein.

(4) Slurry Wall Panel Coring

Payment for the slurry wall panel coring will be made at the contract unit price per linear feet for base and optional "Slurry Wall Panel Coring" bid items, which price and payment shall constitute full compensation for all costs of plant, labor, materials and equipment associated with the coring work, logging cores, core boxes, and backfill as specified in SECTION 02 32 00 Inspection of drilling, and surveying core hole locations shall be incidental to this work.

(5) Geotechnical Instrumentation

• Payment for the following items will be made at the contract job price for base and applicable optional "Geotechnical Instrumentation Installation" bid items. Price and payment shall constitute full compensation for furnishing and installing instruments including all materials in place, all cable, labor, tools, and equipment, instruction manuals, drilling, sampling, pre-installation acceptance testing, installation, post-installation acceptance testing, installation of surface and other protection, obtaining formal initial readings and determination of as-built locations:

• Open system piezometers (2 total required) only under the optional bid item.

• Automated piezometers, data retrieving devices, direct read cables, cap assemblies, venting systems, conduit.

• Inclinometer installations (9 total required). Six automated inclinometers will be installed at the test section under the base bid item. Under the optional bid item, three automated inclinometers will be installed.

• Inclinometer probe, cable, readout unit, riser and pulley assembly, accessories.

• In-place biaxial inclinometer sensors, gauge tubes, dataloggers, accessories (up to 9 complete systems required for inclinometers immediately adjacent to the cutoff wall).

• Inclinometer software.

• Water level indicator.

(6) Monthly Instrumentation Monitoring

Payment for all work associated with reading the project instrumentation, as required per SECTION 13 50 00 for one calendar month will be made at the contract each price for base and optional "Monthly Instrumentation Monitoring" bid items, which price and payment shall constitute full compensation for the costs of all labor, equipment, providing data and reports to the Contracting Officer Representative, and materials required to perform work as specified in SECTION 13 50 00.

(7) Test Section

Payment for all work associated between Station 06+00 to 07+50, including a minimum 75 feet test section, will be made at the contract job price for base bid item "Test Section Installation", which price and payment shall constitute full compensation for the costs of all labor, equipment, and materials required to perform work as specified in SECTIONS 00 08 00, 02 32 00, 13 50 00, and 32 20 20 and as shown on the drawings.

(8) Guide Walls

Payment for the slurry wall guide walls will be made at the contract unit price per linear feet for base and optional "Guide Wall Construction" bid items, which price and payment shall constitute full compensation for all costs of plant, labor, materials and equipment associated with the guide wall work as specified in SECTION 32 20 20. Removal of the guidewalls shall be incidental to this work.

(9) Standby Time

Payment for the slurry wall standby time will be made at the contract unit price per hour for base and optional "Standby Time" bid items, which price and payment shall constitute full compensation for all costs of plant, labor, materials and equipment defined as when the panel excavation equipment is not in operation by request of the contracting officer or the administrative contracting officer. This line item is not subject to variation in estimated quantity clause, and payment will only be made for the actual standby time required by the contracting officer.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.

-- End of Section --

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job

BASE

FFP

EAST ST LOUIS CUT OFF WALL - BASE

FOB: Destination

NET AMT

0002 Job

OPTION EAST ST LOUIS CUT OFF WALL - OPTION 1

FFP

EAST ST LOUIS CUT OFF WALL - OPTION 1 ADDITIONAL WORK

0003 Job

OPTION EAST ST LOUIS CUT OFF WALL - OPTION 2

FFP

EAST ST LOUIS CUT OFF WALL - OPTION 2 UTILITIES

0004 Job

OPTION EAST ST LOUIS CUT OFF WALL - OPTION 3

FFP

EAST ST LOUIS CUT OFF WALL - OPTION 3 UTILITIES

0005 Job

OPTION EAST ST LOUIS CUT OFF WALL - OPTION 4

FFP

EAST ST LOUIS CUT OFF WALL - OPTION 4 UTILITIES

0006 Job

OPTION EAST ST LOUIS CUT OFF WALL - OPTION 5

FFP

EAST ST LOUIS CUT OFF WALL - OPTION 5 UTILITIES

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

0006 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-13 Time Extensions SEP 2000 52.211-16 Variation In Quantity APR 1984 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Small Business Subcontracting Plan AUG 2018 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business

Set-Aside

NOV 2011

52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

DEC 2010

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.228-11 Pledges Of Assets AUG 2018 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-16 Performance and Payment Bonds--Other Than Construction NOV 2006 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-16 Progress Payments APR 2012 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -

Alternate I

APR 1984

52.236-26 Preconstruction Conference FEB 1995 52.236-28 Preparation of Proposals--Construction OCT 1997 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.245-1 Government Property JAN 2017 52.246-9 Inspection Of Research And Development (Short Form) APR 1984 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2018 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7000 Buy American--Balance Of Payments Program Certificate--

Basic (Nov 2014)

NOV 2014

252.225-7020 Trade Agreements Certificate--Basic NOV 2014 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7035 Buy American--Free Trade Agreement--Balance Of Payments

Program Certificate--Basic

NOV 2014

252.227-7033 Rights in Shop Drawings APR 1966 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018 252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7002 Obstruction of Navigable Waterways DEC 1991 252.242-7006 Accounting System Administration FEB 2012 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.247-7022 Representation Of Extent Of Transportation Of Supplies By

Sea

AUG 1992

CLAUSES INCORPORATED BY FULL TEXT

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within (Contracting Officer insert number) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than . * The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $ [Contracting Officer insert amount] for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a contract resulting from this solicitation.

(End of provision)

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within . Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that --

(a) ( ) It has, ( ) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) ( ) It has, ( ) has not, filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

The offeror represents that

(a) [ ] it has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or

(b) [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause--

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C.