8a IFB.pdf

INVITATION FOR BID

COMPETITIVE 8(a) SMALL BUSINESS SET-ASIDE

SOLICITATION NUMBER: DTFH68-09-B-00034

PROJECT NUMBER: NV PFH 2(1)

PROJECT NAME: MOUNT ROSE HIGHWAY

This solicitation cites Standard Specifications for Construction of Roads and Bridges

On Federal Highway Projects, FP-03, U.S. Customary Units

ISSUING OFFICE:

BID OPENING DATE:

See Page A-3, Block 13A

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

12300 W. DAKOTA AVENUE, SUITE 360

LAKEWOOD, CO 80228

Web site: www.cflhd.gov/procurement/construction e-mail: CFLContracts@fhwa.dot.gov

PROJECT NV PFH 2(1)

Mount Rose Highway

LOCATION Humboldt-Toiyabe National Forest

COUNTY Washoe

STATE Nevada

LENGTH 0.43 miles

TYPE OF IMPROVEMENT Road reconstruction, widening

TABLE OF CONTENTS

Notice to Bidders ................................................................................................ A-i to A-iii

Solicitation, Offer, and Award.............................................................................A-1 to A-3

Basis for Award and Bid Schedule ...................................................................A-4 to A-11

Bid Bonds and Bidders Information ................................................................... B-1 to B-6

Solicitation Provisions ....................................................................................... B-7 to B-15

Contract Clauses ................................................................................................ C-1 to C-17

Davis Bacon Wage Determination.......................................................................D-1 to D-5

Division 100........................................................................................................E-1 to E-25 Division 150......................................................................................................E-25 to E-40 Division 200......................................................................................................E-40 to E-42 Division 300......................................................................................................E-43 to E-44 Division 400......................................................................................................E-45 to E-50 Division 500...................................................................................................Refer to FP-03 Division 600......................................................................................................E-50 to E-57 Division 700......................................................................................................E-57 to E-62

APPENDICES

NPDES Permit (Notice of Intent) ......................................................................Appendix A

Encroachment Permit......................................................................................... Appendix B

SPECIAL CONTRACT REQUIREMENTS (SCRs)

The following Special Contract Requirements amend and supplement the Standard Specification for Construction of Roads and Bridges on Federal Highway Projects

NOTICE TO BIDDERS

A-i

This solicitation is a 8(a) Small Business Set-aside. Offers are solicited from 8(a) Small Business Concerns only. Offers received from other than 8(a) Small Business Concerns will not be considered.

ELECTRONIC BIDS WILL NOT BE ACCEPTED. Submit a printed copy of your bid to the address listed on the SF-1442 (Page A-1, Block 8). Please submit the following with your bid:

• Pages A-1 and A-2 (SF-1442, Solicitation, Offer & Award)

• Pages A-5 through A-11

• Pages B-1 through B-7

• FAR Provision 52.209-5 Certification Regarding Responsibility Matters, starting on Page B-8

Bidders should retain all other pages for their information.

Bids should be submitted in a sealed enveloped and include the Contractor’s Name, Solicitation Number and the Project Number/Name.

The Contractor is fully responsible to verify that all data is correct when an offer is submitted. Failure to properly update your data may cause the offer to be rejected.

The Contractor is fully responsible to verify that all data is correct when an offer is submitted.

FAILURE TO ACKNOWLEDGE AMENDMENTS BY THE DESIGNATED DATE AND HOUR

SPECIFIED IN THE SOLICITATION MAY RESULT IN REJECTION OF YOUR BID. If amendments are issued, they will be posted to www.fbo.gov and/or http://www.cflhd.gov/procurement/construction/advertised-projects.cfm.

I. PRE-BID INFORMATION

It is the responsibility of the bidder to verify that this solicitation document, including the plans, are complete as listed in the table of contents and the index to sheets. Plan sheets can be found at http://www.cflhd.gov/procurement/construction/advertised-projects.cfm and viewed or downloaded by individual sections or as the entire plan set as zip files. Physical data relevant to this solicitation may also be viewed or downloaded at the above site.

This solicitation and subsequent contract are governed by the Federal Acquisition Regulations (FAR), agency supplemental regulations, and the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03, U.S. Customary Units (FP).

FP-03, Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, 2003, U.S. Customary Units, were utilized for the design of this project. Hard copies of the FP will not be provided to bidders. The FP is available electronically at http://www.cflhd.gov/design/, or may be purchased for $25.53 each by contacting Bob Rosenblatt at Mercury LDO, telephone number 303-210-8639 or email brosenblatt@mercury-ldo.com. Limited numbers of hard copies of the FP will be provided to the awarded Prime Contractor.

A-ii

Applicable FAR provisions and clauses in this IFB are incorporated by reference or full text. FAR provisions and clauses incorporated by reference can be accessed on the Internet at www.arnet.gov/far/.

Notice of CCR Registration – you must register in the Central Contract Registration (CCR) prior to award of a contract resulting from this solicitation. Failure to register prior to contract award may require award to the next successful registered offeror. See FAR Subpart 4.1103(c). Register online at www.ccr.gov or call toll free: 888-227-2423.

Representations and Certifications – This solicitation is issued under NAICS 237310 – Highway, Street & Bridge Construction with a small business size standard of $33.5 million. If your average annual gross receipts for the past 3 years are above $33.5 million, you are a large business for this solicitation. If they are below $33.5 million you are a small business. Please complete the certification listed in paragraph (b) of FAR Provision 52.204-8 Annual Representation and Certifications on Page B-1. Your small business information is pulled into the Online Representations and Certifications Application (ORCA) website from the Central Contractor Registration (CCR). Please include NAICS 237310 in your CCR. Before submitting bids, please ensure you have completed your annual representations and certifications electronically at the ORCA website at http://orca.bpn.gov.

Bid Guarantee – Follow the requirements of FAR Clause 52.228-1 Bid Guarantee and Subpart

102.03 of the FP.

ATTENTION: Minority, Women-owned, and Disadvantaged Business Enterprises (DBEs). The Department of Transportation (DOT), offers working capital financing and bonding assistance for transportation related contracts. DOT's Bonding Assistance Program (BAP) offers bid, performance and payment bonds on contracts up to $1,000,000. DOT's Short-Term Lending Program (STLP) offers lines of credit to finance accounts receivable. Maximum line of credit is $500,000 with interest at the prime rate. For further information, call (800) 532-1169. Internet address:

http://osdbuweb.dot.gov.

The Contractor is fully responsible to verify that all data is correct when an offer is submitted.

Failure to properly update your data may cause the offer to be rejected.

Request for Technical Information – Questions relative to the plans and SCRs for this solicitation will only be accepted in writing (see Block 9 on page A-3).

TECHNICAL QUESTIONS REGARDING THIS SOLICITATION WILL NOT BE

ACCEPTED AFTER 4 P.M. ON SEPTEMBER 9, 2009.

Questions can be submitted to CFLContracts@fhwa.dot.gov. Questions and answers will be posted at http://www.cflhd.gov/procurement/construction/advertised-projects.cfm

Modifications to Bids - Bids may be modified or withdrawn by facsimile or telegraphic notice, if such notice is received prior to the time specified for receipt of bids. The Government will not be responsible for ANY failure attributable to the transmission or receipt of telegraphic or facsimile data. See FAR Provision 52.214-5, Submission of Bids.

A-iii

FAX Number to submit modifications to bids for this project is (775) 687-3803

II. Post Award Information.

Insurance requirements - See Subsection 107.05 of the FP.

A-1

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration or Repair)

1. SOLICITATION NO.

DTFH68-09-B-00035

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

08/14/2009

PAGE OF

PAGES

IMPORTANT - THE "OFFER SECTION ON THE REVERSE MUST BE FULLY COMPLETED BY OFFEROR.

4. CONTRACT NO.

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

NV PFH 2(1), MOUNT ROSE HIGHWAY

7. ISSUED BY:

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS DIVISION

12300 WEST DAKOTA AVENUE, SUITE 167

LAKEWOOD, COLORADO 80228

CODE: 69050001 8. ADDRESS OFFER TO:

MS. SHARON KLEKAR, DIVISION ADMINISTRATOR

FEDERAL HIGHWAY ADMINISTRATION

ATTN: TERRY PHILBIN

705 N. PLAZA STREET, SUITE 220

CARSON CITY, NEVADA 89701

9. FOR INFORMATION CALL

SEE PAGE A-3

A. NAME:

SEE PAGE A-3

B. TELEPHONE NO. (Include area code)

SEE PAGE A-3

SOLICITATION

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

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

CONSTRUCTION OF NV PFH 2(1), MOUNT ROSE HIGHWAY, IN STRICT ACCORDANCE WITH:

1. FEDERAL ACQUISITION AND TRANSPORATION ACQUISITION REGULATIONS (FAR & TAR)

2. DEPARTMENT OF LABOR, DAVIS BACON MINIMUM WAGE RATES

3. SPECIAL CONTRACT REQUIREMENTS

4. PLANS

5. BID SCHEDULE

6. STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY

PROJECTS

See Subsection 104.04 of the FP-03 for governing order of precedence

11. The Contractor shall begin performance within 10 calendar days and complete it within * calendar days after receiving award notice to proceed. The performance period is mandatory negotiable. * Refer to Subsection 108.01 as amended in the Special Contract Requirements.

12A. 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

12B. CALENDAR

DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8. by 2:00 p.m. (hour) local time on 09/15/09 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is is not required.

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

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-102 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53-236-1(d)

X

X

X

X

X

A-2

GPO: 1985 0 - 469-796 STANDARD FORM 1442 BACK (REV. 4-85)

OFFEROR (Must be fully completed by offeror)

15. TELEPHONE NO. (Include area code)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

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

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing with calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

SEE INDIVIDUAL BID SCHEDULE(S)

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)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 27

(4 copies unless otherwise specified)

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

□ 15 U.S.C. 637( ) □ 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE:

27. PAYMENT WILL BE MADE BY

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

12300 W. DAKOTA AVENUE, SUITE 167

LAKEWOOD, COLORADO 80228

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.)

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by

(a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

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

Your offer on this solicitation is hereby accepted as to the items listed.

This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON

AUTHORIZED TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE 31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

A-3

Block 8: LOCATION OF PUBLIC BID OPENING: Offers must be received by designated date and time as stated in Block 13A.

Block 9: FOR GENERAL INFORMATION: Call 720-963-3355 or 720-963-3354 from the hours of 6 a.m. to 5 p.m. (mountain time) or e-mail us at CFLContracts@fhwa.dot.gov.

FOR TECHNICAL INFORMATION (plans and specifications): Questions must be submitted in writing by e-mail at CFLContracts@fhwa.dot.gov or by fax to 720-963-3360.

FOR PHYSICAL DATA: The following data is available electronically at www.cflhd.gov/procurement/construction/advertised-projects.cfm:

• Pavement Recommendation, Memorandum dated December 10, 2008

• Earthwork Summary

Block 11: COMPLETION DATE: See subsection 108.01 of the SCRs

Block 12A: PERFORMANCE AND PAYMENT BONDS: See FAR Clause 52.228-15

Performance and Payment Bonds-Construction (Clauses begin on page C-1) and Subsection 102.06 of the FP.

Block 13B: BID BOND AMOUNT: See FAR Provision 52.228-1 Bid Guarantee (Provisions begin on page B-1) and Subsection 102.03 Bid Guarantee of the FP.

Block 19: ACKNOWLEDGEMENT OF AMENDMENTS: FAILURE TO

ACKNOWLEDGE AMENDMENTS BY THE DESIGNATED DATE AND HOUR

SPECIFIED IN THE SOLICITATION MAY RESULT IN REJECTION OF YOUR

BID. If amendments are issued, they will be posted to www.fbo.gov and/or http://www.cflhd.gov/procurement/construction/advertised-projects.cfm.

Block 24: SUBMITTING INVOICES: See Subsection 109.08 Progress Payments of the FP.

ESTIMATED PRICE: The price range of the project work is between $500,000 and $2 million

A-4

Bid Schedule Instructions

BIDDERS, PLEASE NOTE: Before preparing the bid, carefully read the Solicitation Provisions.

This Invitation for Bid is comprised of Schedule A for road reconstruction and widening on 0.43 miles of roadway.

• Insert a numeric unit price for each pay item for which a quantity appears in Bid Schedule A

• Multiply the unit price by the quantity for each pay item and show the amount bid.

• When the words “Lump Sum” appear as a unit price, insert an amount for each lump sum pay item.

• Total all amounts bid for each pay item and show the Total on line provided on Page A-9

Evaluation Factors for Award

To be eligible for award of contract, the offeror shall submit prices for each bid item in Schedule A necessary to complete all contract work.

Evaluation for award of a contract will consist of Schedule A. Accordingly, contract award will be made to the lowest responsible bidder conforming to the solicitation, provided funds are available.

Project: NV PFH 2(1)

MOUNT ROSE HIGHWAY

A- 5

Bid Schedule

Pay Item No.

Estimated Quantity Unit Bid Price Amount Bid

15101-0000 MOBILIZATION

ALL Lump Sum $___________________

15206-0000 SLOPE, REFERENCE, AND CLEARING AND GRUBBING STAKE

23.00

STA $_______________ $___________________

15215-1000 SURVEY AND STAKING, APPROACH ROAD

EACH $_______________ $___________________

15215-3000 SURVEY AND STAKING, DRAINAGE STRUCTURE

EACH $_______________ $___________________

15216-2000 SURVEY AND STAKING, GRADE FINISHING STAKES

46.00

STA $_______________ $___________________

15401-0000 CONTRACTOR TESTING

ALL Lump Sum $___________________

15501-0000 CONSTRUCTION SCHEDULE

ALL Lump Sum $___________________

15705-0100 SOIL EROSION CONTROL, SILT FENCE

1,700

LNFT $_______________ $___________________

15705-1400 SOIL EROSION CONTROL, SEDIMENT LOG

LNFT $_______________ $___________________

20103-0000 CLEARING AND GRUBBING

18,200

SQYD $_______________ $___________________

20301-2300 REMOVAL OF SIGN/MARKER

EACH $_______________ $___________________

Project: NV PFH 2(1)

Bid Schedule A

Pay Item No.

Estimated Quantity Unit Bid Price Amount Bid

A- 6

20304-1000 REMOVAL OF STRUCTURES AND OBSTRUCTIONS

ALL Lump Sum $___________________

20315-0000 SAWCUTTING PAVEMENT

3,800

LNFT $_______________ $___________________

20401-0000 ROADWAY EXCAVATION

8,700

CUYD $_______________ $___________________

20441-0000 WASTE

5,700

CUYD $_______________ $___________________

21101-1000 ROADWAY OBLITERATION, METHOD 1

SQYD $_______________ $___________________

25101-2000 PLACED RIPRAP, CLASS 2

CUYD $_______________ $___________________

25101-3000 PLACED RIPRAP, CLASS 3

CUYD $_______________ $___________________

30802-2000 ROADWAY AGGREGATE, METHOD 2

3,900

TON $_______________ $___________________

40301-0000 HOT ASPHALT CONCRETE PAVEMENT

1,600

TON $_______________ $___________________

40501-0000 OPEN-GRADED ASPHALT FRICTION COURSE

TON $_______________ $___________________

40502-1200 ASPHALT BINDER PG 64-28 NV

TON $_______________ $___________________

40505-3000 ANTISTRIP ADDITIVE, TYPE 3

TON $_______________ $___________________

Project: NV PFH 2(1)

Estimated Quantity Unit Bid Price Amount Bid

A- 7

41101-5000 PRIME COAT GRADE MC-70 NV

TON $_______________ $___________________

41105-0000 BLOTTER

TON $_______________ $___________________

41201-1000 TACK COAT GRADE CSS-1, CSS-1H, SS-1, OR SS-1H

TON $_______________ $___________________

60201-0800 24-INCH PIPE CULVERT

LNFT $_______________ $___________________

60210-0800 END SECTION FOR 24-INCH PIPE CULVERT

EACH $_______________ $___________________

60403-0000 INLET

EACH $_______________ $___________________

60704-0000 CLEANING CULVERT IN PLACE

EACH $_______________ $___________________

61902-1400 GATE, METAL, 16 FEET WIDTH

EACH $_______________ $___________________

62201-0150 DUMP TRUCK, 7 CUBIC YARD MINIMUM CAPACITY

HOUR $_______________ $___________________

62201-0350 BACKHOE

HOUR $_______________ $___________________

62201-0950 WHEEL LOADER, 3 CUBIC YARD MINIMUM RATED CAPACITY

HOUR $_______________ $___________________

62201-1250 BULLDOZER, 120HP MINIMUM FLYWHEEL POWER

HOUR $_______________ $___________________

Project: NV PFH 2(1)

Estimated Quantity Unit Bid Price Amount Bid

A- 8

62201-2850 MOTOR GRADER, 12 FOOT MINIMUM BLADE

HOUR $_______________ $___________________

62301-0000 GENERAL LABOR

HOUR $_______________ $___________________

62302-1000 SPECIAL LABOR, HIRED TECHNICAL SERVICES

HOUR $_______________ $___________________

62302-1100 SPECIAL LABOR, HIRED SURVEY SERVICES

HOUR $_______________ $___________________

62407-0000 PLACING CONSERVED TOPSOIL

CUYD $_______________ $___________________

62511-2000 SEEDING, HYDRAULIC METHOD

9,400

SQYD $_______________ $___________________

62516-2000 MULCHING, HYDRAULIC METHOD

9,400

SQYD $_______________ $___________________

63301-0000 SIGN SYSTEM

EACH $_______________ $___________________

63309-0100 DELINEATOR, TYPE 1 , RIGID

EACH $_______________ $___________________

63309-0200 DELINEATOR, TYPE 2 , RIGID

EACH $_______________ $___________________

63316-1000 REMOVE AND RESET SIGN

EACH $_______________ $___________________

63316-1000 REMOVE AND RESET SIGN , CONCRETE

EACH $_______________ $___________________

Project: NV PFH 2(1)

Estimated Quantity Unit Bid Price Amount Bid

A- 9

63401-0000 PAVEMENT MARKINGS , TYPE B

13,950

LNFT $_______________ $___________________

63403-0200 PAVEMENT MARKINGS, TYPE B

SQFT $_______________ $___________________

63502-0700 TEMPORARY TRAFFIC CONTROL, CONE

EACH $_______________ $___________________

63502-1300 TEMPORARY TRAFFIC CONTROL, DRUM

EACH $_______________ $___________________

63503-0300 TEMPORARY TRAFFIC CONTROL, BARRICADE TYPE 3

LNFT $_______________ $___________________

63504-1000 TEMPORARY TRAFFIC CONTROL, CONSTRUCTION SIGN

SQFT $_______________ $___________________

63505-1000 TEMPORARY TRAFFIC CONTROL, PAVEMENT MARKINGS

2.0

MILE $_______________ $___________________

63506-0500 TEMPORARY TRAFFIC CONTROL, FLAGGER

1,200

HOUR $_______________ $___________________

63510-0100 TEMPORARY TRAFFIC CONTROL, TRAFFIC AND SAFETY SUPERVISOR

WEEK $_______________ $___________________

63612-0000 LUMINAIRE , NDOT TYPE 7

EACH $_______________ $___________________

$_____________________TOTAL

Submitted by:

Name of Bidder

Project: NV PFH 2(1)

A-10

BUY AMERICAN ACT- CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS

It is understood and agreed that the materials and components listed in Subparts 25.1 and 25.2 of the FAR are a part of this contract and are deemed to be Domestic Construction Material for the purposes of this contract.

NOTE TO CONTRACTOR:

The following information and any applicable supporting data is required for evaluation of requests under FAR Clause 52.225-21 Paragraph (c) & (d) and FAR Provision 52.225-22 Paragraph (b).

Material and/or Component

Construction Material Description

Unit of Measure

Quantity

*Cost Delivered to Job Site

Foreign Construction Material

Comparable Domestic Material

Material and/or Component

Construction Material Description

Unit of Measure

Quantity

*Cost Delivered to Job Site

Foreign Construction Material

Comparable Domestic Material

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] [Please include name, address, telephone number and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include all applicable supporting information.]

A-11

HAZARDOUS MATERIALS

As required by FAR Clause 52.223-3, Hazardous Materials Identification and Safety Data - Alternate I, the apparent low bidder must submit prior to award a Material Safety Data Sheet (MSDS) for all hazardous materials that the bidder identifies in paragraph (b) of the FAR clause and defined under the latest version of Federal Standard No. 313.

Hazardous Material

Identification Number

USE OF RECOVERED MATERIALS ON FEDERAL LANDS HIGHWAY PROJECTS

Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA) of 1976, as amended (42 U.S.C. 6901 et seq.), requires Federal, State, and local procuring agencies using appropriated Federal funds to purchase items composed of the highest percentage of recovered materials practical. Use of recovered materials is strongly encouraged on Federal Lands Highway Projects. Highway construction items covered by the Environmental Protection Agency’s Comprehensive Guidelines for Procurement of Products Containing Recovered Materials include fly ash, ground granulated blast furnace slag, traffic barricades, traffic cones, hydraulic mulch and compost for mulch.

Use of fly ash and ground granulated blast furnace slag and construction materials containing fly ash and ground granulated blast furnace slag on Federal Lands Highway Projects:

• It is the policy of the United States Government that fly ash and ground granulated blast furnace slag and materials containing fly ash and ground granulated blast furnace slag shall have maximum practicable opportunity for incorporation into its construction projects.

• The Contractor agrees to investigate the use of fly ash and ground granulated blast furnace slag and materials containing fly ash and ground granulated blast furnace slag to the fullest extent consistent with the efficient performance of this contract. Both the contractor and the subcontractors are urged to seek out suppliers of fly ash and ground granulated blast furnace slag, cement and concrete containing fly ash and ground granulated blast furnace slag and to solicit bids for these materials.

• Names of firms that supply fly ash and ground granulated blast furnace slag and materials containing fly ash and ground granulated blast furnace slag are available from the American Coal Ash Association and the National Slag Association.

B-1

BID BOND

(See instructions on reverse)

DATE BOND EXECUTED (Must not be later than bid opening date)

OMB NO. 9000-0045

Public reporting burden for this collection of information is estimated to average 25 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the FAR Secretariat (MVR), Federal Acquisition Policy Division, GSA, Washington, D.C. 20405.

PRINCIPAL (Legal name and business address)

TYPE OF ORGANIZATION (AX@ one)

INDIVIDUAL PARTNERSHIP

JOINT VENTURE CORPORATION

STATE OF INCORPORATION

SURETY(IES) (Name and business address)

PENAL SUM OF BOND

BID IDENTIFICATION

PERCENT OF

BID PRICE

AMOUNT NOT TO EXCEED

BID DATE

INVITATION NO.

NV PFH 2(1), Mount Rose Highway

20 PERCENT

MILLION(S)

THOUSAND(S)

HUNDRED(S)

CENTS

FOR (Construction, Supplies or Services)

CONSTRUCTION

OBLIGATION:

We, the Principal and Surety(ies) are firmly bound to the United States of America (hereinafter called the Government) in the above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum “jointly and severally” as well as “severally” only for the purpose of allowing a joint action or actions against any or all of

us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum.

CONDITIONS:

The Principal has submitted the bid identified above.

THEREFORE:

The above obligation is void if the Principal - (a) upon acceptance by the Government of the bid identified above, within the period specified therein for acceptance (sixty

(60) days if no period is specified), executes the further contractual documents and gives the bond(s) required by the terms of the bid as accepted within the time specified (ten (10) days if no period is specified) after receipt of the forms by the principal; or (b) in the event of failure to execute such further contractual documents and give such bonds, pays the Government for any cost of procuring the work which exceeds the amount of the bid.

Each Surety executing this instrument agrees that its obligation is not impaired by any extension(s) of time for acceptance of the bid that the Principal may grant to the Government. Notice to the surety(ies) of extension(s) are waived. However, waiver of the notice applies only to extensions aggregating not more than sixty (60) calendar days in addition to the period originally allowed for acceptance of the bid.

WITNESS:

The Principal and Surety(ies) executed this bid bond and affixed their seals on the above date.

PRINCIPAL

SIGNATURE(S)

1.

(Seal)

2.

3.

NAMES(S) &

TITLE(S)

(Typed)

3.

Corporate

Seal

INDIVIDUAL SURETY(IES)

NAME(S)

CORPORATE SURETY(IES)

NAME &

ADDRESS

STATE OF INC.

LIABILITY LIMIT

SURETY A

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 24 (Rev. 10-98) Previous edition is usable Prescribed by GSA - FAR (48 CFR) 53.228(a)

B-2

CORPORATE SURETY(IES) (Continued)

SURETY B

SURETY C

SURETY D

SURETY E

SURETY F

SURETY G

INSTRUCTIONS

1. This form is authorized for use when a bid guaranty is required. Any deviation from this form will require the written approval of the Administrator of General Services.

2. Insert the full legal name and business address of the Principal in the space designated “Principal” on the face of the form. An authorized person shall sign the bond. Any person signing in a representative capacity (e.g., an attorney-in-fact) must furnish evidence of authority if that representative is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved.

3. The bond may express penal sum as a percentage of the bid price. In these cases, the bond may state a maximum dollar limitation (e.g., 20% of the bid price but the amount not to exceed 3,000,000.00 dollars).

4. (a) Corporations executing the bond as sureties must appear on the Department of the Treasury=s list of approved sureties and must act within the limitation listed therein. Where more than one corporate surety is involved, their names and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed “CORPORATE SURETY(IES).” In the space designated “SURETY(IES)” on the face of the form, insert only the letter identification of the sureties.

(b) Where individual sureties are involved, a completed Affidavit of Individual Surety (Standard Form 28), for each individual surety, shall accompany the bond. The Government may require the surety to furnish additional substantiating information concerning its financial capacity.

5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word “Corporate Seal”;

and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals.

6. Type the name and title of each person signing this bond in the space provided.

7. In its application to negotiated contracts, the terms “bid” and “bidder” shall include “proposal” and “offeror.”

STANDARD FORM 24 (Rev. 10-98) BACK

B-3

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

BIDDER'S INFORMATION

INSTRUCTIONS: Answer all questions on this form inserting "none" or "not applicable" where appropriate. If more space is required attach additional sheets. Return the signed, dated and completed form with the bid to the address shown in the invitation for bids on or before the time set for bid opening. The prospective bidder shall provide any additional information requested by the Government during evaluation of the bids.

If the prospective bidder is a joint venture or general partnership, a separate Bidder's Qualifications form shall be provided individually for each joint venture participant or partner.

1. Name and address of business:

Name DUNS Number (See FAR Provision 52.204-6)*

Street Home Office Congressional District (Insert District #) *

City State Zip Code

* Necessary for Government reporting purposes only To obtain a Dun & Street number, call County 800-333-0505.

Telephone Number (Include Area Code)

Fax Number (Include Area Code)

2. a. Type of organization (check appropriate box):

If a Foreign entity:

Individual

Non-profit organization

Corporation

Partnership

Joint Venture

Registered in:

b. Size and type of Business Concern (check appropriate boxes):

Large Business Concern

Small Disadvantaged Business Concern

Emerging Small Business

Small Business Concern

Women-Owned Small Business

SBA 8(a) Certified

HUB Zone Business Concern

Veteran Owned Business Concern

Service-Disabled Veteran-Owned Business Concern

Individual

Non-profit organization

Corporation

Partnership

Joint Venture

Incorporated in:

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3. If a joint venture or general partnership:

a. Provide the name under which the project will be bid, the home office address, and name of the principal who will represent the company with regard to this project if different from "1." above.

Principal

Business Name

Street

City State Zip Code

b. Provide the name and home office addresses of each of the joint venture partners; indicate which partner is the sponsoring partner. Attach a separate sheet for additional partners.

Sponsoring Partner Other Partner

Street Street

City State Zip Code City State Zip Code

4. Date organization established: _______________________

5. Name of succeeded business, if any: _________________________________________________________

6. How many years have you been in business as:

a. General contractor years.

b. Subcontractor years.

7. a. Furnish the following information concerning the owner, partners, officers and directors:

Years of Business Experience

Name

Title

Percent of Business Owned

Contracting

Other

b. Attach resumes of these key personnel as well as the on-site project manager(s) and superintendent(s), and specifically identify the following:

- Present position, responsibility, and length of employment.

- Amount and type of construction experience.

- Amount and type of highway construction experience, including position, responsibility, and a brief project description of each period of employment.

- Formal education and training, professional or technical registrations or licenses.

B-5

8. a. Contracts in force. (Attach additional sheets if necessary)

Project Name and Contract Numbers

Owner's Name, Address, and

Contact Name and Telephone #

Scope of Work Performed

Contract Amount

Estimated

Completion Date

Name of Surety

b. Are there any unresolved claims or lawsuits associated with these projects? If so, state the amount in dispute, parties involved, nature and circumstances of the dispute, and status of the matter on a separate sheet.

B-6

9. a. List at least five of the largest jobs you have completed in the last five years which are similar in project work scope to this project. (Attach additional sheets if necessary)

Project Name and Contract Numbers

Owner's Name, Address, Contact Name and Telephone #

Scope of Work

Performed

Original and Final Contract Amounts

Original and Final Completion Dates

Names of On-site Project

Manager and Superintendent

Name of Surety

b. Are there any unresolved claims or lawsuits associated with these projects? If so, state the amount in dispute, parties involved, nature and circumstances of the dispute, and status of the matter on a separate sheet.

B-7

FEDERAL ACQUISITION REGULATION

SOLICITATION PROVISIONS

REPRESENTATIONS AND CERTIFICATIONS

Effective January 2005, offerors/bidders must submit Representations and Certifications online at www.bpn.gov. All offerors/bidders should submit/update this information at least annually. Refer to the Federal Acquisition Provision 52.204-8 Annual Representations and Certifications below. If you have previously accomplished your on-line registration and the NAICS code for this solicitation is different than the code listed in your online profile, please note the amended changes on the lines provided in the Provision below.

REFER TO CFLHD'S WEBSITE AT http://www.cflhd.gov/procurement/construction/reference-links.cfm FOR ON-LINE REGISTRATION INSTRUCTIONS

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $33.5 million or fewer.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) (1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in

CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (c) applies.

[ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR CLAUSE TITLE DATE CHANGE

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of Provision)

B-8

52.209-5 Certification Regarding Responsibility Matters. (DEC 2008)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that -

(i) The Offeror and/or any of its Principals -

(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec.

6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

B-9

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C.

Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [ ] has not [ ], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision.

The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

B-10

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.211-6 Brand Name or Equal. (AUG 1999)

52.214-3 Amendments to Invitations for Bids. (DEC 1989)

52.214-4 False Statements in Bids. (APR 1984)

52.214-5 Submission of Bids. (MAR 1997)

52.214-6 Explanation to Prospective Bidders. (APR 1984)

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. (NOV 1999)

52.214-18 Preparation of Bids - Construction. (APR 1984)

52.214-19 Contract Award - Sealed Bidding - Construction. (AUG 1996)

52.214-34 Submission of Offers in the English Language. (APR 1991)

52.214-35 Submission of Offers in U.S. Currency. (APR 1991)

52.216-1 Type of Contract. (APR 1984)

The Government contemplates award of a Firm Fixed-Price contract resulting from this solicitation.

52.217-3 Evaluation Exclusive of Options. (APR 1984)

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade: 8.2% Goals for Female Participation for Each Trade: 6.9%

B-11

These goals are applicable to all the Contractor's construction work performed in the covered area.

If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled Affirmative Action Compliance Requirements for Construction, and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the -

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the covered area is Washoe County, Nevada.

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(JUN 2008)

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

"Business operations" means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

B-12

"Marginalized populations of Sudan" means--

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

"Person" means--

(1) A Natural person, corporation, company, business association, partnership, society, trust, any other nongovernmental entity, organization, or group;

(2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and

(3) Any successor, subunit, parent company or subsidiary of any entity described in paragraphs

(1) or (2) of this definition.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

(b) Certification. By submission of its offer, the offeror certifies that it does not conduct any restricted business operations in Sudan.

52.225-22 Notice of Required Use of American…