Task_Order_Hanapepe_Temporary_Bridge.pdf

TASK ORDER – KAUAI PROGRAM OF BRIDGE (MATOC)

REQUEST FOR PROPOSAL- SEED PROJECT

Solicitation Number: DTFH6816B00034

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14

U.S. Department of Transportation Federal Highway Administration

Central Federal Lands Highway Division 12300 West Dakota Avenue, Suite 360

Lakewood, CO 80228 Website: http://www.fbo.gov

Email: CFLContracts@fhwa.dot.gov

HI STP SR50(3)

Hanapepe River Temporary

Detour Bridge Kaumualii Highway, Route 50

State:

Location

Hawaii

Island of Kauai

County: Kauai

Length: Schedule A = 0.14 miles

Type of Improvement: Road Bypass Construction

TABLE OF CONTENTS

Notice to Offerors ............................................................................................................ A-i

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

Basis for Award and Bid Schedule……………………………………….…….…........A-4

Buy American Act and Hazardous Materials………………………….……………….A-6

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

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

Davis Bacon Wage Determinations .................................................................................D-1

Division 100 ..................................................................................................................... E-2 Division 200 ................................................................................................................... E-32 Division 300 ................................................................................................................... E-34 Division 500 ................................................................................................................... E-35 Division 600 ................................................................................................................... E-43 Division 700 ................................................................................................................... E-48

Appendices

Appendix A ................................................................................................................... Plans Appendix B…………………………………………………………………………NPDES

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

A-i

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

If applicable, indication of interest in formal Partnering?

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.

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-14 US Customary Units (FP-14).

The FP-14 was utilized for the design of this project. Hard copies of the FP-14 will not be provided to bidders. The FP-14 is available electronically at https://flh.fhwa.dot.gov/resources/specs/ or may be purchased by contacting Bob Rosenblatt at ARC Western, telephone number 303-785-2520 or email bob.rosenblatt@e-arc.com. Limited numbers of hard copies of the FP-14 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 http://farsite.hill.af.mil/vffara.htm.

Notice of SAM Registration – you must register in the System for Award Management (SAM –

A-ii 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©. Register online at www.sam.gov.

Representations and Certifications – This solicitation is issued under NAICS 237310 – Highway, Street & Bridge Construction with a small business size standard of $36.5 million. If your average annual gross receipts for the past 3 years are above $36.5 million, you are a large business for this solicitation. If they are below $36.5 million you are a small business. Please complete the certification listed in paragraph (b) of FAR Provision 52.204-8 Annual Representation and Certifications. The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS.

Please include NAICS 237310 in SAM. Please include NAICS 237310 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 2016 and has complied with the reporting requirements.

My firm did not have a qualifying Federal Contract in 2016 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-14. Bid bonds must be originals and have original signatures and corporate seals. Photocopied and faxed copies of bonds will be rejected and cause your bid to be non-responsive.

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 Item 9 on Page A-3).

A-ii

TECHNICAL QUESTIONS REGARDING THIS SOLICITATION WILL NOT BE

ACCEPTED AFTER 4 P.M. ON NOVEMBER 23, 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 (808) 541-2704

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

II. Post Award Information.

A list of currently known business concerns owned and controlled by socially and economically disadvantaged individuals and/or women-owned small business concerns that have indicated an interest in participating in highway construction is available at http://www.sam.gov.

Insurance requirements - See Subsection 107.05 of the FP-14.

A-1

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

Prescribed by GSA

FAR (48 CFR) 53-236-1(d)

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration or Repair)

1. SOLICITATION NO.

DTFH68-16-B-00033

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

11/01/2016

PAGE OF

PAGES

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

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

HI STP SR50(3) HANAPEPE RIVER

TEMPORARY DETOUR BRIDGE

CODE: 69050001 7. ISSUED BY:

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS DIVISION

12300 WEST DAKOTA AVENUE

LAKEWOOD, COLORADO 80228

8. ADDRESS OFFER TO:

Agnes Rysz, Contract Specialist

FEDERAL HIGHWAY ADMINISTRATION

HAWAII DIVISION OFFICE

300 ALA MOANA BLVD, SUITE 3-306

HONOLULU, HI 96850-3306

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 (TITLE, IDENTIFYING NO.):

CONSTRUCTION OF HI STP SR50(3) HANAPEPE RIVER TEMPORARY DETOUR BRIDGE 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-14,

See Subsection 104.04 of the FP-14 for governing order of precedence * See subsection 108.01 of the SCRs for completion date

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.

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 pm Denver local time on 12/05/16. 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.

x

X X

X

A-2

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)

CODE FACILITY CODE

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 Item 27 (4 copies unless otherwise specified)

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

15 U.S.C. 637( a ) 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

LAKEWOO, COLORADO 80228

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return one (1) 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

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

A-3

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

Item 9: FOR GENERAL INFORMATION: 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.

FOR PHYSICAL DATA: The following data is available electronically with this solicitation:

Hydraulics Report Geotechnical Report

Item 11: COMPLETION DATE: When completing the bid schedules, provide the number of calendar days necessary to complete all contract work from the Notice to Proceed until the day of final construction completion, both dates included. THE

TOTAL NUMBER OF DAYS BID SHALL BE WITHIN THE FOLLOWING

RANGE:

Schedule A: MIN 170 Calendar Days MAX 250 Calendar Days

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-14.

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-

14. All bid guarantees must have original signatures with original corporate seals.

Item 19: ACKNOWLEDGMENT OF AMENDMENTS: FAILURE TO

ACKNOWLEDGE AMENDMENTS, IN ITEM 19 OF THE SF-1442, 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-14.

ESTIMATED

PRICE: The price range of the project work is between $2.5 and $4.5 million.

A-4

Bid Schedule Instructions

BIDDERS, PLEASE NOTE: This Bid Proposal is comprised of one schedule and one option. Before preparing the bid, carefully read the Solicitation Provisions and the following:

• 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 (Part A-see below) for Schedule A.

• When completing the schedules, provide the number of calendar days necessary to complete all contract work from the Notice to Proceed until the day of final construction completion, both dates included. The total number of calendar days bid will become the basis for determining the fixed contract completion date (see Subsection 108.01). It is against this date that liquidated damages would be assessed according to Subsection 108.04. The number of calendar days bid must fall within these ranges:

Minimum Calendar Days Maximum Calendar Days Schedule A 170 250

• Multiply the number of days bid by the Road User/Administrative Cost of $3,500.00 per day to determine the Road User/Administrative Cost Subtotal (Part B) for each schedule.

• Add the Construction Cost Subtotal (Part A) to the Road User/Administrative Cost Subtotal (Part B) to determine each schedule’s Project Total (Part A+B). See bid schedule.

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.

Basis for Award

To be eligible for award of contract, the offeror shall submit prices for each item in Bid Schedule A, and Part B. The Government will evaluate offers for award purposes by adding total for Bid Schedule A to the amount in Part B. Accordingly, contract award will be made to the successful MATOC RFP Offeror with the lowest Task Order price, provided funds are available.

A-5

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-14. 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.

B I D S C H E D U L E Schedule A Account: ALL

Project No: Hawaii HI STP SR50(3)

Name: Hanapepe River Temp Detour Bridge CQ = "Contract Quantity"

Item No. Quantity Unit Unit Price Amount

15101-0000

Line A0020 ALL LPSM $

15201-0000

Line A0040 ALL LPSM $

15301-0000

Line A0060 ALL LPSM $

15401-0000

Line A0080 ALL LPSM $

15501-0000

Line A0100 ALL LPSM $

15705-0100

Line A0120 100 LNFT $ $

15706-1600

Line A0140 1 EACH $ $

15802-0000

Line A0160 ALL LPSM $

20101-0000

Line A0180 0.25 ACRE $ $

20420-0000

Line A0200 1,250 CUYD $ $

20811-0000

Line A0220 650 SQFT $ $

30202-2000

Line A0240 90 TON $ $

57502-0000

Line A0260 ALL LPSM $

62201-0200

Line A0280 24 HOUR $ $

62201-0900

Line A0300 24 HOUR $ $

62201-2850

Line A0320 24 HOUR $ $

62201-3000

Line A0340 24 HOUR $ $

62301-0000

MOBILIZATION

CONSTRUCTION SURVEY AND STAKING

CONTRACTOR QUALITY CONTROL

CONTRACTOR TESTING

CONSTRUCTION SCHEDULE

SOIL EROSION CONTROL, SILT FENCE

TEMPORARY BRIDGE

DUMP TRUCK, 8 CUBIC YARD MINIMUM CAPACITY

WHEEL LOADER, 2 CUBIC YARD MINIMUM RATED CAPACITY

SOIL EROSION CONTROL, STABILIZED CONSTRUCTION EXIT

WATERING FOR DUST CONTROL

CLEARING AND GRUBBING

EMBANKMENT CONSTRUCTION

SHORING AND BRACING

ROADWAY AGGREGATE, METHOD 2

MOTOR GRADER, 12 FOOT MINIMUM BLADE

HYDRAULIC EXCAVATOR

GENERAL LABOR

Schedule Total: ________________________

Submitted by: _________________________

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B I D S C H E D U L E Schedule A Account: ALL

Project No: Hawaii HI STP SR50(3)

Name: Hanapepe River Temp Detour Bridge CQ = "Contract Quantity"

Item No. Quantity Unit Unit Price Amount

Schedule Total: ________________________

Submitted by: _________________________

Line A0360 40 HOUR $ $

62302-1000

Line A0380 24 HOUR $ $

62302-1100

Line A0400 24 HOUR $ $

62902-1100

Line A0420 0.15 ACRE $ $

63501-0000

Line A0440 ALL LPSM $

SPECIAL LABOR, HIRED TECHNICAL SERVICES

SPECIAL LABOR, HIRED SURVEY SERVICES

ROLLED EROSION CONTROL PRODUCT, TYPE 4

TEMPORARY TRAFFIC CONTROL

A-7

Bid Schedule Summary

Schedule A

Part A

Schedule A Bid Total

Part B

Number of Calendar Days* Road User/Administrative Cost Total

$3,500.00 *The number of calendar days used shall include all weekends, holidays, periods of inclement weather, and all other days during which work may or may not be performed.

Total for Schedule A (A+B)

Submitted By: ________________________________

A-8

A-9

BUY AMERICAN ACT - CONSTRUTION MATERIAL

UNDER TRADE AGREEMENTS

It is understood and agreed that the materials and components listed in Subpart 25.108 of the Federal Acquisition Regulations 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) and (d) and FAR Provision 52.225-10 Paragraph (b).

Material and/or Component

Nondomestic Material Unit of Measure

Quantity *Cost Delivered to Job Site

Comparable Domestic Material

Material and/or Component

Nondomestic Material Unit of Measure

Quantity *Cost Delivered to Job Site

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-10

HAZARDOUS MATERIALS

The following information and any applicable supporting data is required under FAR Clause 52.223-3, Hazardous Materials Identification and Safety Data - Alternate I, for all hazardous materials that the offeror 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)

PERCENT OF

BID PRICE

AMOUNT NOT TO EXCEED

BID DATE INVITATION NO.

DTFH68-16-B-00034

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.

(Seal)

3.

(Seal) Corporate

Seal NAMES(S) &

TITLE(S)

(Typed)

1. 2. 3.

INDIVIDUAL SURETY(IES)

SIGNATURE(S)

1.

(Seal)

2.

(Seal)

NAME(S)

(Typed)

1. 2.

CORPORATE SURETY(IES)

NAME &

ADDRESS

STATE OF INC. LIABILITY LIMIT

SURETY A

SIGNATURE(S)

1. 2.

Corporate

Seal

NAMES(S) &

TITLE(S)

(Typed)

1. 2.

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)

NAME &

ADDRESS

STATE OF INC. LIABILITY LIMIT

SURETY B SIGNATURE(S)

1. 2. Corporate

Seal

NAMES(S) &

TITLE(S)

(Typed)

1. 2.

NAME &

ADDRESS

STATE OF INC. LIABILITY LIMIT

SURETY C SIGNATURE(S)

1. 2. Corporate

Seal

NAMES(S) &

TITLE(S)

(Typed)

1. 2.

NAME &

ADDRESS

STATE OF INC. LIABILITY LIMIT

SURETY D SIGNATURE(S)

1. 2. Corporate

Seal

NAMES(S) &

TITLE(S)

(Typed)

1. 2.

NAME &

ADDRESS

STATE OF INC. LIABILITY LIMIT

SURETY E SIGNATURE(S)

1. 2. Corporate

Seal

NAMES(S) &

TITLE(S)

(Typed)

1. 2.

NAME &

ADDRESS

STATE OF INC. LIABILITY LIMIT

SURETY F SIGNATURE(S)

1. 2. Corporate

Seal

NAMES(S) &

TITLE(S)

(Typed)

1. 2.

NAME &

ADDRESS

STATE OF INC. LIABILITY LIMIT

SURETY G SIGNATURE(S)

1. 2. Corporate

Seal

NAMES(S) &

TITLE(S)

(Typed)

1. 2.

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SOLICITATION PROVISIONS

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

(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.

52.204-5 Women-Owned Business (Other Than Small Business). (MAY 1999)

(a) Definition. "Women-owned business concern," as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it [ ] is women-owned business concern.

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

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)

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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.

52.222-23 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:

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

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

69.1% 6.9%

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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 Island of Kauai, HI.

52.222-38 Compliance with Veterans' Employment Reporting Requirements. (SEP 2010)

52.225-10 Notice of Buy American Act Requirement—Construction Materials. (FEB 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of 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 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of 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) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the https://acquisition.gov/far/current/html/52_223_226.html#wp1169273 https://acquisition.gov/far/current/html/52_223_226.html#wp1169273

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Contracting Officer will award to the offeror that did not request an exception based on 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 52.225-9, 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 price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 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 52.225-9 does not apply, the Government 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. An offer based on use of the foreign 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.

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan-- Certification. (AUG 2009)

(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.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of https://acquisition.gov/far/current/html/52_223_226.html#wp1169273 https://acquisition.gov/far/current/html/FormsStandard62.html#wp1177057

B-7 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 (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) 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 the offeror does not conduct any restricted business operations in Sudan.

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.

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(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:

Mr. Joseph Wilson Contracting Officer Federal Highway Administration 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.

52.236-27 Site Visit (Construction). (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

N/A - No organized site visit will be held.

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. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far

52.252-3 Alterations in Solicitation. (APR 1984)

Portions of this solicitation are altered as follows: NONE http://www.acquisition.gov/far

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CONTRACT CLAUSES

52.202-1 Definitions. (NOV 2013)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-7 Anti-Kickback Procedures. (MAY 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)

52.203-14 Display of Hotline Poster(s). (OCT 2015)

(a) Definition.

“United States,” as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)—

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites—

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows: Hand delivered at Preconstruction Conference.

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

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(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5.5 million, except when the subcontract—

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (DEVIATION FEB 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with 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 contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause 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.

(d) (1) In accordance with section 7 43 of Division E, Title VI I, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber…