IFB 8(a).pdf

INVITATION FOR BID

SOLICITATION NUMBER: DTFH68-09-B-00035

SOLICITATION TYPE: COMPETITIVE 8(a) SMALL BUSINESS SET-ASIDE

PROJECT NUMBER: CA PRA DEVA 109(1)

PROJECT NAME: UBEHEBE CRATER ROAD

BID OPENING DATE:

See Page A-3, Block 13A

This solicitation cites Standard Specifications for Construction of Roads and Bridges

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

ISSUING OFFICE:

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTSRATION

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

12300 W. DAKOTA AVENUE, SUITE 360

LAKEWOOD, CO 80228

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

PROJECT CA PRA DEVA 109(1)

PROJECT STATIONING REHABILITATION & RECONSTRUCTION

FROM STA. 10+00.00 TO STA. 339+57.10

LOCATION DEATH VALLEY NATIONAL PARK

COUNTY INYO COUNTY

STATE CALIFORNIA

LENGTH 6.242 MILES

IMPROVEMENT GRADING, DRAINAGE AND

ASPHALT SURFACING

TABLE OF CONTENTS

Notice to Bidders .................................................................................................A-i to A-iv

Solicitation, Offer, and Award.............................................................................A-1 to A-2

Basis for Award and Bid Schedule ...................................................................A-4 to A-12

Solicitation Provisions ......................................................................................... B-1 to B-9

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

Davis Bacon Wage Determination.....................................................................D-1 to D-20

Division 100........................................................................................................E-1 to E-22 Division 150......................................................................................................E-22 to E-41 Division 200......................................................................................................E-41 to E-49 Division 300......................................................................................................E-49 to E-51 Division 400......................................................................................................E-52 to E-75 Division 500...................................................................................................Refer to FP-03 Division 600......................................................................................................E-75 to E-86 Division 700......................................................................................................E-86 to E-91

APPENDICES

NPDES Notice of Intent.....................................................................................Appendix A

Bid Bonds and Bidder’s Qualifications ............................................................. 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 Competitive 8(a) Certified Small Business Set-aside. Offers are solicited from 8(a) Certified Small Business Concerns only. Offers received from other than 8(a) Certified Small Business Concerns will not be considered.

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

• Have you rechecked your bid figures?

• Have you completed the bid schedule?

• Have you completed and signed the SF-1442, Solicitation, Offer & Award?

• Have you acknowledged all amendments (See Page A-3, Block 19)?

• Have you completed the Representations & Certifications (Appendix B)?

• Is your bid guarantee enclosed in proper form and amount (see FAR Clause 52.228-1), including Power of Attorney affidavit (Appendix B)?

• Does the lower left corner of the proposal envelope state “Bid Enclosed”?

• Does the lower left corner of the proposal envelope include the Solicitation Number and the project number/name?

Submit the following documents with your Bid Package–

• Page A-iii, indicating interest in formal Partnering

• SF-1442, Solicitation, Offer & Award

• Pages A-5 through A-10

• Completed 52.209-5 Certification Regarding Responsibility Matters, Pages B-2 and B-3

• Bid Guarantee (see FAR Clause 52.228-1), Appendix B

• Bidder’s Qualifications, Appendix B

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 by individual sections, downloaded by individual sections, or the entire plan set downloaded in a .zip file.

Physical data relevant to this solicitation may also be viewed or downloaded at the above site.

A-ii

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-03).

The FP-03, U.S. Customary Units, was utilized for the design of this project. Hard copies of the FP-03 will not be provided to bidders. The FP-03 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-03 will be provided to the awarded Prime Contractor.

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©. 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 and do not qualify to bid on this solicitation. If gross annual receipts for the past 3 years 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. Bid Guarantee forms found in Appendix A.

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).

A-iii

TECHNICAL QUESTIONS REGARDING THIS SOLICITATION WILL NOT BE

ACCEPTED AFTER 4 P.M. ON AUGUST 26, 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.

FAX Number to submit modifications to bids for this project is (916) 498-5008 or 498-5047

II. Post Award Information.

Subcontracting - FAR Clause 52.219-8, Utilization of Small Business Concerns states that Prime Contractors afford small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns the maximum practicable opportunity to participate in performing contracts let by any Federal agency.

Insurance requirements - See Subsection 107.05 of the FP-03.

Partnering – A Partnership recognizes the Government and the Contractor are both responsible and can affect the successful completion of this project. Partnering is a vehicle to ensure the partnership has structure and quality. It recognizes the strengths of each party and uses those strengths to identify and achieve shared goals. One of the primary objectives of Partnering is to facilitate the resolution of disputes in a timely, professional, and non-adversarial manner with the outcome focused on achieving those shared goals.

CFLHD supports the concepts and tenets of Partnering and as such is encouraging the Contractors and it’s subcontractors to establish a Partnering relationship on this project.

A formal Partnering meeting can help facilitate this relationship by helping do document the parties’ common purpose and goals, and ensuring alignment. The goals are mutually agreed upon and address effective and efficient performance within the scope of the contract.

Participation in a formal Partnering meeting is voluntary. Costs of implementing and maintaining the partnership would be agreed to by both parties as described in Subsection 103.05 Partnering of the FP-03. Costs of partnering would be in addition to the contract award amount.

Please indicate your desire to participate in a formal partnering meeting on this project.

(___) We would like to participate in a formal partnering meeting.

(___) We do not want to participate in a formal partnering meeting.

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

07/31/2009

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.

CA PRA DEVA 109(1), Ubehebe Crater Road

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:

WALTER C. WAIDELICH, Jr., DIVISION ADMINISTRATOR

FEDERAL HIGHWAY ADMINISTRATION

CALIFORNIA DIVISION OFFICE

ATTN: MR. SCOTT McHENRY

650 CAPITOL MALL, SUITE 4-100

SACRAMENTO, CALIFORNIA 95814

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 CA PRA DEVA 109(1), UBEHEBE CRATER ROAD, 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 09/01/09 (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)(5)

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 9: FOR GENERAL INFORMATION: Call 720-963-3355 or 720-963-3354 from the hours of 7 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 facsimile to 720-963-3360.

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

• Pavements Report

Block 11: COMPLETION DATE: Work shall be completed on or before the date specified in 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-03.

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-03.

Block 19: ACKNOWLEDGMENT 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-03.

ESTIMATED PRICE: The price range of project work is between $3,000,000 and $7,000,000.

A-4

Bid Schedule Instructions

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

This Bid Proposal is comprised of one schedule as follows:

Schedule A - Grading Drainage and Asphalt Surfacing on 6.242 miles of roadway.

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

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

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

• Total amounts bid for each pay item necessary to complete the work and show the

Total on line provided; Page A-10.

• Include Construction Cost Total for Schedule A and for the Alternate Bid Schedule which includes the use of a Government-Furnished Trailer (explanation below).

Pay Item 15401-0000 Contractor testing - Bidders must provide prices on two, alternative Contractor Testing pay items in two different places in the bid.

On Page A-5 in Schedule A, bidders must provide a price for Contractor Testing using a Contractor-furnished field laboratory. As part of Schedule A, the price for this alternative item will be included in the "Schedule A Total" line on Page A-10 of the Bid Schedule and, therefore, included in the evaluation for award.

Bidders must also provide a stand alone price on the bottom of Page A-10 for the alternative item, Contractor Testing using a Government-furnished field laboratory. This price will not be factored into the evaluation for award.

The Government retains the discretion to award a contract which includes either of the alternative Contractor Testing items at the respective bid price.

Evaluation Factors for Award

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

The successful bidder will be determined as the firm with the lowest project bid total. Accordingly, contract award will be made to the lowest responsible bidder conforming to the solicitation, provided funds are available.

Project: PRA-DEVA 109(1)

UBEHEBE CRATER ROAD

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

STA $_______________ $___________________

15210-3000 CENTERLINE, VERIFICATION AND STAKING

STA $_______________ $___________________

15214-3000 SURVEY AND STAKING, PARKING AREA

ALL Lump Sum $___________________

15215-3000 SURVEY AND STAKING, DRAINAGE STRUCTURE

EACH $_______________ $___________________

15216-2000 SURVEY AND STAKING, GRADE FINISHING STAKES

STA $_______________ $___________________

15401-0000 CONTRACTOR TESTING

ALL Lump Sum $___________________

15501-0000 CONSTRUCTION SCHEDULE

ALL Lump Sum $___________________

15705-0100 SOIL EROSION CONTROL, SILT FENCE

LNFT $_______________ $___________________

15705-1400 SOIL EROSION CONTROL, SEDIMENT LOG

LNFT $_______________ $___________________

15801-0000 WATERING FOR DUST CONTROL

3,000

MGAL $_______________ $___________________

Project: PRA-DEVA 109(1)

Bid Schedule A

Pay Item No.

Estimated Quantity Unit Bid Price Amount Bid

A- 6

20301-2400 REMOVAL OF SIGN

EACH $_______________ $___________________

20302-0400 REMOVAL OF CURB, ASPHALT

LNFT $_______________ $___________________

20303-3000 REMOVAL OF SIDEWALK, ASPHALT

SQYD $_______________ $___________________

20401-0000 ROADWAY EXCAVATION

3,600

CUYD $_______________ $___________________

20402-0000 SUBEXCAVATION

1,000

CUYD $_______________ $___________________

20441-0000 WASTE

4,045

CUYD $_______________ $___________________

21101-1000 ROADWAY OBLITERATION, METHOD 1

SQYD $_______________ $___________________

25101-2000 PLACED RIPRAP, CLASS 2

CUYD $_______________ $___________________

25302-1000 GABIONS, GALVANIZED OR ALUMINIZED COATED

CUYD $_______________ $___________________

25305-1000 REVET MATTRESS, GALVANIZED OR ALUMINIZED COATED

1,420

SQYD $_______________ $___________________

25702-0000 ALTERNATE RETAINING WALL

SQFT $_______________ $___________________

30305-2000 PULVERIZING, 4-INCH DEPTH

STA $_______________ $___________________

Project: PRA-DEVA 109(1)

Estimated Quantity Unit Bid Price Amount Bid

A- 7

30802-2000 ROADWAY AGGREGATE, METHOD 2

3,200

TON $_______________ $___________________

40201-4700 HOT ASPHALT CONCRETE PAVEMENT, HVEEM TEST, CLASS B,

GRADING C OR E

13,550

TON $_______________ $___________________

40205-3000 ANTISTRIP ADDITIVE, TYPE 3

TON $_______________ $___________________

40920-1000 FOG SEAL, EMULSIFIED ASPHALT GRADE CSS-1 OR CSS-1H, SS-1 OR

SS-1H

TON $_______________ $___________________

41101-0000 PRIME COAT

TON $_______________ $___________________

41105-0000 BLOTTER

TON $_______________ $___________________

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

TON $_______________ $___________________

50102-0900 PLAIN RIGID PAVEMENT, 8-INCH DEPTH, TYPE C

SMOOTHNESSROUGHNESS

SQYD $_______________ $___________________

50102-2100 PLAIN RIGID PAVEMENT, 12-INCH DEPTH, TYPE C

SMOOTHNESS/ROUGHNESS

SQYD $_______________ $___________________

60901-1000 CURB, CONCRETE, 12-INCH DEPTH

LNFT $_______________ $___________________

60902-1000 CURB AND GUTTER, CONCRETE, 12-INCH DEPTH

LNFT $_______________ $___________________

Project: PRA-DEVA 109(1)

Estimated Quantity Unit Bid Price Amount Bid

A- 8

61501-0100 SIDEWALK, CONCRETE

SQYD $_______________ $___________________

61504-1000 ACCESSIBILITY RAMP, CONCRETE

SQYD $_______________ $___________________

61801-0000 CONCRETE BARRIER

1,030

LNFT $_______________ $___________________

62201-0200 DUMP TRUCK, 8 CUBIC YARD MINIMUM CAPACITY

HOUR $_______________ $___________________

62201-1100 WHEEL LOADER, 6 CUBIC YARD MINIMUM RATED CAPACITY

HOUR $_______________ $___________________

62201-2850 MOTOR GRADER, 12 FOOT MINIMUM BLADE

HOUR $_______________ $___________________

62201-3000 HYDRAULIC EXCAVATOR

HOUR $_______________ $___________________

62202-1000 MATERIALS TRANSFER VEHICLE

ALL Lump Sum $___________________

62301-0000 GENERAL LABOR

HOUR $_______________ $___________________

62302-1000 SPECIAL LABOR, HIRED TECHNICAL SERVICES

HOUR $_______________ $___________________

62302-1100 SPECIAL LABOR, HIRED SURVEY SERVICES

HOUR $_______________ $___________________

63301-1000 SIGN SYSTEM, GOVERNMENT FURNISHED SIGN

EACH $_______________ $___________________

Project: PRA-DEVA 109(1)

Estimated Quantity Unit Bid Price Amount Bid

A- 9

63302-0000 SIGN SYSTEM

SQFT $_______________ $___________________

63309-0000 DELINEATOR

EACH $_______________ $___________________

63404-0200 PAVEMENT MARKINGS, TYPE B

GAL $_______________ $___________________

63405-0050 PAVEMENT MARKINGS, SYMBOLS

EACH $_______________ $___________________

63502-0700 TEMPORARY TRAFFIC CONTROL, CONE

EACH $_______________ $___________________

63502-1500 TEMPORARY TRAFFIC CONTROL, WARNING LIGHT TYPE A

EACH $_______________ $___________________

63502-1600 TEMPORARY TRAFFIC CONTROL, WARNING LIGHT TYPE B

EACH $_______________ $___________________

63502-1700 TEMPORARY TRAFFIC CONTROL, WARNING LIGHT TYPE C

EACH $_______________ $___________________

63504-1000 TEMPORARY TRAFFIC CONTROL, CONSTRUCTION SIGN

SQFT $_______________ $___________________

63505-1000 TEMPORARY TRAFFIC CONTROL, PAVEMENT MARKINGS

10.681

MILE $_______________ $___________________

63506-0500 TEMPORARY TRAFFIC CONTROL, FLAGGER

3,000

HOUR $_______________ $___________________

63506-0600 TEMPORARY TRAFFIC CONTROL, PILOT CAR

HOUR $_______________ $___________________

Project: PRA-DEVA 109(1)

Estimated Quantity Unit Bid Price Amount Bid

A- 10

63602-6000 SYSTEM INSTALLATION, TRAFFIC DETECTOR SYSTEM

EACH $_______________ $___________________

$_____________________TOTAL

Submitted by:

Name of Bidder

Project: PRA-DEVA 109(1)

A-11

BUY AMERICAN ACT- CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS

It is understood and agreed that the materials and components listed in Subpart 25.1 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 52.225-11 Paragraph (c) & (d) and FAR Provision 52.225-12 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-12

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

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. (JAN 2006)

(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 (c) 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) of this provision 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)

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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.

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(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.

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(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: 24.6 Goals for Female Participation for Each Trade: 6.9%

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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 Inyo County, California.

52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods-- Buy American Act--Construction Materials (MAR 2009)

(a) Definitions. ”Construction material,'' “domestic construction material,'' “foreign construction material,'' “manufactured construction material,'' “steel,'' and “unmanufactured construction material,'' as used in this provision, are defined in the clause of this solicitation entitled “Required Use of Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials'' (Federal Acquisition Regulation (FAR) clause 52.225-21).

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(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub.

L. 111-5) (Recovery Act) or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract--

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-21, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer and a separate cost comparison table prepared in accordance with paragraphs

(c) and (d) of the clause at FAR 52.225-21 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-21 does not apply, the Governmnet will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

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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.

"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.

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52.228-1 Bid Guarantee. (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds -

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be twenty (20) percent of the bid price or $3,000,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 Service of Protest. (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Federal Highway Administration – CFLHD Attn: Mr. Kevin Black, Contracting Officer 12300 West Dakota Avenue, Suite 360 Lakewood, Colorado 80228

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

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52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer.