DTFH68-16-B-00022.pdf

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Attached to
CA FLAP SR36(13a) State Road 36 Humbolt County Tree Clearing Federal contract opportunity
Solicitation number
DTFH6816B00022
Issued by
Department of Transportation Federal Highway Administration

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Other files attached to CA FLAP SR36(13a) State Road 36 Humbolt County Tree Clearing, newest first.
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Bid_Tabs.pdf PDF
Bid_Opening_Summary_-_CA_FLAP_SR36(13A).pdf PDF
A002.pdf PDF
A001.pdf PDF
SR36(13)_Cross_Sections_Part_2.pdf PDF
SR36(13)_Cross_Sections_Part_1.pdf PDF
SR36(13)_Cross_Sections_Part_3.pdf PDF
SR36(13A)_Plans.pdf PDF

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INVITATION FOR BID

SOLICITATION NUMBER: DTFH6816B00022

SOLICITATION TYPE: HUBZONE SMALL BUSINESS SET-ASIDE

PROJECT NUMBER: CA FLAP SR 36(13A)

PROJECT NAME: STATE ROUTE 36 TREE CLEARING

BID OPENING DATE:

See Page A-1, Item 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 ADMINISTRATION

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

12300 W. DAKOTA AVENUE, SUITE 360

LAKEWOOD, CO 80228

Web site: http://www.fbo.gov E-mail: CFLContracts@dot.gov mailto:CFLContracts@dot.gov

PROJECT CA FLAP SR 36(13A)

COUNTY HUMBOLDT

STATE CALIFORNIA

LENGTH SCHEDULE A: 3.9 MILES

TYPE OF IMPROVEMENT TREE CLEARING

TABLE OF CONTENTS

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

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

Basis for Award & Bid Schedule Instructions ..................................................................... A-4

Bid Schedule ........................................................................................................................ A-5

Solicitation Provisions ...........................................................................................................B-1

Contract Clauses ....................................................................................................................C-1

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

Division 100 ........................................................................................................................... E-2 Division 150 ......................................................................................................................... E-24 Division 200 ......................................................................................................................... E-40 Division 600 ......................................................................................................................... E-42 Division 700 ......................................................................................................................... E-45

Appendices Appendix A ................................................................................................................ 401 Permit Appendix B .................................................................................................. Encroachment Plan

SPECIAL CONTRACT REQUIREMENTS (SCRs)

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

NOTICE TO BIDDERS

A-i

THIS SOLICITATION HAS BEEN SET-ASIDE FOR HUBZONE SMALL

BUSINESS CONCERNS. BIDS RECEIVED FROM FIRMS OTHER THAN

CERTIFIED HUBZONE SMALL BUSINESSES WILL NOT BE

CONSIDERED.

• In order to submit an offer on a Hubzone set-aside, the Hubzone, together with its affiliates, must be small under the size standard corresponding to the NAICS code assigned to the contract, 113310.

• A firm must be a qualified Hubzone both at the time of its initial offer and at the time of award in order to be eligible for a Hubzone contract.

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

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

• Bid Schedule including Buy American Act & Hazardous Materials.

• Bid Guarantee (see FAR Clause 52.228-1), Pages B-1 and B-2. Bid bonds must be originals with original signatures and corporate seals. Photocopies and Faxed copies are NOT acceptable and will make your bid non-responsive.

• Completed VETS 4212, Page A-ii; Bidders’ Information, Pages B-3 through B-6; Reps and Certs, Page B-8 thru B-12 and Certification Regarding Responsibility Matters (FAR 52.209-5), Pages B-12 thru B-15.

Bidders should retain all other pages for their information. Bids should be submitted in a sealed envelope and include the Contractor’s Name, Solicitation Number and the Project Number/Name.

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.fbo.gov 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.

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 US Customary Units (FP-03).

The FP-03 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://flh.fhwa.dot.gov/resources/pse/standard/ or may be purchased by contacting Bob Rosenblatt at ARC Western, telephone number 303-785-http://www.fbo.gov/ http://flh.fhwa.dot.gov/resources/pse/standard/

A-ii

2520 or email bob.rosenblatt@e-arc.com. No 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 https://www.acquisition.gov/far/.

Notice of SAM Registration – you must register in the System for Award Management (SAM – replaced 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.sam.gov.

Representations and Certifications – This solicitation is issued under NAICS 113310 – Logging with a small business size standard of 500 employees. If your average employment of a firm for the past 3 years are above 500 employees, you are a large business for this solicitation. If they are below 500 employees you are a small business. Please complete the certification listed in paragraph (b) of FAR Provision 52.204-8 Annual Representation and Certification. Your small business information is pulled into the Online Representations and Certifications Application (ORCA) website from the System for Award Management (SAM). Please include NAICS 113310 in your SAM. Before submitting bids, please ensure you have completed your annual representations and certifications electronically at the SAM website at www.sam.gov.

Vets 4212 Reporting: - The Contractor must complete the report if required. See reporting requirements at: www.dol.gov/vets/programs/fcp/main.htm.

• My firm had a qualifying Federal Contract in 2015 and has complied with the reporting requirements.

• My firm did not have a qualifying Federal Contract in 2015 and is therefore exempt from the reporting requirements

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

102.03 of the FP-03.

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.

Accuracy and Completeness of Bid- 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.

mailto:bob.rosenblatt@e-arc.com https://www.acquisition.gov/far/ http://www.sam.gov/ http://www.sam.gov/ http://www.dol.gov/vets/programs/fcp/main.htm http://osdbuweb.dot.gov/

A-iii

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

TECHNICAL QUESTIONS REGARDING THIS SOLICITATION WILL NOT

BE ACCEPTED AFTER 4 P.M. ON OCTOBER 11, 2016

Questions can be submitted to CFLContracts@dot.gov. Questions and answers will be posted at http://www.fbo.gov

Modifications to Bids - Bids may be modified or withdrawn by regular mail, electronic commerce (email) or facsimile, 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 electronic commerce (email) or facsimile data.

For all modifications, we STRONGLY ENCOURAGE you to resubmit the entire bid schedule with a unit price and amount for every bid item, and a Schedule Total. See FAR Provision 52.214-5, Submission of Bids. Modifications which make the bid ambiguous, indefinite, or uncertain as to any essential requirement of the contract will cause the bid to be rejected as nonresponsive.

FAX Number to submit modifications to bids for this project is (720) 963-336

Email Address to submit modifications to bids for this project is cflcontracts@dot.gov

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.

mailto:CFLContracts@dot.gov

A-1

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration or Repair)

1. SOLICITATION NO.

DTFH6816B00022

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

09/22/2016

PAGE OF

PAGES

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

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

CFL16HFPM373

6. PROJECT NO.

CA FLAP SR 36 (13A)

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:

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS DIVISION

ATTN: Ryan Phillips

12300 WEST DAKOTA AVENUE

LAKEWOOD, COLORADO 80228

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 FLAP SR 36 (13A), SR 36 TREE CLEARING, 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, FP-03

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. Denver local time on 10/25/2016 (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

A-2

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

OFFEROR (Must be fully completed by offeror)

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

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

DUNS NO.

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

Item 9: FOR GENERAL INFORMATION: Call 720-963-3090 or e-mail us at CFLContracts@dot.gov.

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

Item 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.

Item 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.

Item 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.

Item 24: SUBMITTING INVOICES: See Subsection 109.08 Progress Payments of the

FP-03.

ESTIMATED PRICE: The price range of project work is between $1,000,000 and $2,000,000.

mailto:CFLContracts@dot.gov mailto:CFLContracts@dot.gov http://www.fbo.gov/ http://www.cflhd.gov/contracting/construction/AdvertisedProjects.cfm

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 – Soil erosion control, tree clearing, environmental surveys and traffic control.

• Insert a numeric unit bid price for each pay item for which a quantity appears in the bid schedule. Unit bid prices should be quoted no more precisely than the nearest cent (2 decimal places). Unit bid prices quoted more precisely will be rounded up to the nearest cent by the Government.

• 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 bid price, insert an amount for each lump sum pay item.

• Total all amounts bid for each pay item and show the Construction Cost Total on the space provided on the last page of each schedule.

Also show the Construction Cost Total for each schedule as well as the combined Total of each Schedule in the spaces provided on the Bid Summary page.

NOTE: If the amount bid for a pay item is inconsistent with the product of the unit price provided by the bidder and the quantity provided by the Government, the unit price will govern and the Government will determine a corrected amount bid for the pay item by multiplying the unit price by the quantity.

Evaluation Factors for Award

To be eligible for award of contract, the offeror shall submit prices for each item in Bid Schedule A. Accordingly, contract award will be made to the lowest responsible bidder conforming to the solicitation, provided funds are available.

B I D S C H E D U L E Schedule A

Project No: CA FLAP SR 36(13A)

Name: STATE ROUTE 36 TREE CLEARING CQ = "Contract Quantity"

Item No. Quantity Unit Unit Price Amount

15101-0000 Line A0020 100% LPSM $

15206-0000 Line A0040 244.110 STA $ $

15301-0000 Line A0060 100% LPSM $

15501-0000 Line A0080 100% LPSM $

15701-0000 Line A0100 100% LPSM $

15703-2500 Line A0120 50.0 ACRE $ $

20104-0000 Line A0140 66.0 ACRE $ $

62201-0250 Line A0160 20 HOUR $ $

62201-0550 Line A0180 20 HOUR $ $

62201-1400 Line A0200 20 HOUR $ $

62201-3300 Line A0220 20 HOUR $ $

62301-0000 Line A0240 40 HOUR $ $

62303-1000 Line A0260 100% LPSM $

63501-0000 Line A0280 100% LPSM $

63503-1000 Line A0300 180 LNFT $ $

Account: ALL

Submitted by:

MOBILIZATION

SLOPE, REFERENCE, AND CLEARING AND GRUBBING STAKE

CONTRACTOR QUALITY CONTROL

CONSTRUCTION SCHEDULE

SOIL EROSION CONTROL

SOIL EROSION CONTROL, MULCHING, HYDRAULIC METHOD

SPECIAL LABOR, HIRED TECHNICAL SERVICES(ENVIRONMENTAL SURVEYS)

TEMPORARY TRAFFIC CONTROL

TEMPORARY TRAFFIC CONTROL, PLASTIC FENCE

CLEARING

DUMP TRUCK, 10 CUBIC YARD MINIMUM CAPACITY

BACKHOE LOADER, 6 CUBIC FOOT MINIMUM RATED CAPACITY BUCKET, 24-INCH WIDTH

BULLDOZER, 250HP MINIMUM FLYWHEEL POWER

HYDRAULIC EXCAVATOR, 3/4 CUBIC YARD MINIMUM CAPACITY

GENERAL LABOR

Submitted by: _________________________

Schedule Total: ________________________

A-5

A-6

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 52.225-9 Paragraph (c) & (d) and FAR Provision 52.225-10 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-7

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.

DTFH68-16-B-00022

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.

Corporate

Seal

NAMES(S) &

TITLE(S)

(Typed)

3.

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

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

CORPORATE SURETY(IES) (Continued)

SURETY B

SURETY C

SURETY D

SURETY E

SURETY F

SURETY G

B-3

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

BIDDER'S QUALIFICATIONS

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 Email Address

* Necessary for Government reporting purposes only County

To obtain a Dun & Street number, call 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:

B-4

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:

Name

Percent of Business Owned

Years of Business Experience

(Include Individuals who have signatory / obligating authority on behalf of the agency)

Title

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.

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)

B-6

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

Solicitation Provisions

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

52.204-7 System for Award Management. (SAM) (JUL 2013)

B-8

52.204-8 Annual Representations and Certifications. (DEC 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 113310

(2) The small business size standard is 500 employees 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 provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) 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 (d) applies.

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

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence https://acquisition.gov/far/current/html/52_200_206.html#wp1137850 https://acquisition.gov/far/current/html/52_200_206.html#wp1137850 https://acquisition.gov/far/current/html/52_200_206.html#wp1137583 https://acquisition.gov/far/current/html/FARTOCP13.html#wp271421 https://acquisition.gov/far/current/html/52_200_206.html#wp1137684

B-9

Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DOD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when https://acquisition.gov/far/current/html/52_200_206.html#wp1137777 https://acquisition.gov/far/current/html/52_200_206.html#wp1137850 https://acquisition.gov/far/current/html/52_200_206.html#wp1149919 https://acquisition.gov/far/current/html/52_207_211.html#wp1144766 https://acquisition.gov/far/current/html/52_207_211.html#wp1144909 https://acquisition.gov/far/current/html/52_214.html#wp1129381 https://acquisition.gov/far/current/html/52_215.html#wp1144523 https://acquisition.gov/far/current/html/52_217_221.html#wp1135900 https://acquisition.gov/far/current/html/52_217_221.html#wp1135943

B-10 contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to https://acquisition.gov/far/current/html/52_222.html#wp1147663 https://acquisition.gov/far/current/html/52_222.html#wp1147711 https://acquisition.gov/far/current/html/52_222.html#wp1147704 https://acquisition.gov/far/current/html/52_222.html#wp1147711 https://acquisition.gov/far/current/html/52_222.html#wp1148142 https://acquisition.gov/far/current/html/52_223_226.html#wp1168785 https://acquisition.gov/far/current/html/52_223_226.html#wp1168786 https://acquisition.gov/far/current/html/52_223_226.html#wp1168826 https://acquisition.gov/far/current/html/52_223_226.html#wp1169013 https://acquisition.gov/far/current/html/52_223_226.html#wp1192900 https://acquisition.gov/far/current/html/52_223_226.html#wp1169071 https://acquisition.gov/far/current/html/52_223_226.html#wp1169038 https://acquisition.gov/far/current/html/52_223_226.html#wp1169193

B-11 solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[ ](i) 52.204-17, Ownership or Control of Offeror [ ](ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[ ](iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

[ ](iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

[ ](v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

[ ](vi) 52.227-6, Royalty Information.

[ ](A) Basic.

[ ](B) Alternate I.

[ ](vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision 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 https://acquisition.gov/far/current/html/52_223_226.html#wp1169151 https://acquisition.gov/far/current/html/52_223_226.html#wp1181379 https://acquisition.gov/far/current/html/52_223_226.html#wp1188714 https://acquisition.gov/far/current/html/52_223_226.html#wp1169667 https://acquisition.gov/far/current/html/52_222.html#wp1160855 https://acquisition.gov/far/current/html/52_222.html#wp1152427 https://acquisition.gov/far/current/html/52_222.html#wp1162560 https://acquisition.gov/far/current/html/52_223_226.html#wp1168892 https://acquisition.gov/far/current/html/52_227.html#wp1139116 https://acquisition.gov/far/current/html/52_227.html#wp1145584 https://www.acquisition.gov/

B-12

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 SAM.

52.209-5 Certification Regarding Responsibility Matters. (APR 2010)

(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 (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(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 https://acquisition.gov/far/current/html/Subpart%204_12.html#wp1073667

B-13 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.

(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

B-14 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 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…

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