RFP

TASK ORDER REQUEST FOR PROPOSAL

Solicitation No. DTFH70-09-R-00020

WA FS ERFO 2007(1)-20(20)

EVERGREEN ROAD EMERGENCY REPAIRS

Solicitation, Offer & Award, Bid Schedule, Contract Clauses, Minimum Wage Schedule, Special Contract Requirements, and Plans

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

610 EAST FIFTH STREET

VANCOUVER, WA 98661-3801

Phone: (360) 619-7520 – FAX: (360) 619-7932 Web site: www.wfl.fhwa.dot.gov/edi/ e-mail: wfl.contracts@fhwa.dot.gov

QUICK INDEX

Page Item --- Offeror Checklist --- Authority to Sign --- Bid Bond

--- TABLE OF CONTENTS

A-1 Notice to Bidders A-3 SF 1442, Solicitation, Offer and Award A-7 Bid Schedule B-1 Solicitation Provisions C-1 Contract Clauses D-1 Davis-Bacon Wage Rates E-1 Special Contract Revisions H-1 Permits I-1 Storm Water Pollution

Prevention Plan J-1 Fire Protection &

Suppression Plan

8(a) Competitive

A Partnership Agreement between the Small Business Administration (SBA) and the Department of Transportation (DOT) allows Western Federal Lands Highway Division (WFLHD) to make direct award of 8(a) contracts and subsequent modifications.

The cognizant SBA District Office for this solicitation is:

U.S. SMALL BUSINESS ADMINISTRATION

ATTN: DIANA DRAKE

SEATTLE DISTRICT OFFICE

2401 4TH AVENUE, SUITE 450

SEATTLE, WA 98121-3412

SBA Ref. No: 7700-07-702399

A-1 Notice to Offerors

Proposal due date: See Page A-3, Block 13A

PROJECT NAME EVERGREEN ROAD EMERGENCY REPAIRS

PROJECT NUMBER WA FS ERFO 2007(1)-20(20)

LOCATION MT BAKER-SNOQUALMIE NATIONAL FOREST

COUNTY SNOHOMISH COUNTY

STATE WASHINGTON

LENGTH 0.111 MILES

FIXED COMPLETION DATE See FAR Clause 52.211-10

Offer Submittal Checklist

WA FS ERFO 2007(1)-20(20), Evergreen Road Emergency Repairs

Before submitting your offer, please review the following:

Done?

Is this in the envelope?

Bid Envelope Did I correctly address the envelope? (See page A-3, blocks 7 & 8) Does the lower left corner of the envelope include the Solicitation Number and the project name/number?

Pages A-3 & A-4 (SF 1442, Solicitation Offer & Award) Did I include our firm name and address in block 14?

Did I include our firm’s phone number in block 15?

Did I include our firm’s remittance address in block 16?

(Use when different than block 14)

Did I include my DUNS number?

Did I include the number & date of all amendments in block 19?

Did the appropriate official sign/date in block 20A, 20B & 20C?

Bid Schedule (see page A-7) Did I insert “Unit Bid Price” and “Amount Bid” for each bid item?

Did the appropriate official initial corrections?

Did I include the “Total” on the last page of each bid schedule?

Did I include the firm’s name on the last page of each bid schedule?

When applicable, did I include the totals for each schedule in the summary page?

(see last page of bid schedules.)

Bid Bond (Standard Form 24) Bids received without a valid bid bond will be rejected.

Did I complete my bid bond correctly?

Did I attach the Power of Attorney to the bid bond?

Authority to Sign Did I include a completed form for each person signing the SF1442 and Bid Bond?

Representations & Certifications & other fill-ins Did I include the completed B-pages (beginning on B-1)?

Did I include the completed clause 1252.228-73 Notification of Miller Act Payment Bond Protection (clauses begin on page C-1)?

Online Representations & Certifications Application (ORCA) http://orca.bpn.gov Do we have up-to-date data in ORCA ?

Central Contractor Registration (CCR) http://www.ccr.gov Did I ensure our firm is currently registered in CCR?

Vets100 Reporting http://vets.dol.gov/vets100/ Did I ensure our firm has completed this annual report?

NOTE: The Contractor is fully responsible to verify that all data is correct each time a offer package is submitted. Failure to properly input and/or update your data may cause the offer to be rejected.

Driving Directions to our Vancouver Washington Office:

See our web page at http://www.wfl.fhwa.dot.gov/about/directions.htm

INSTRUCTIONS: When the offeror/principal is a corporation, include this certification with your offer/bid.

Corporate Certificate

I, ____________________________________________ (name), certify that I am the

________________________________________(title), of the corporation named as the Offeror/Principal herein;

that _________________________________________(name), who signed this offer and/or bid bond on behalf of ___________________________ (company name) is

________________________________________ (title) of this corporation;

that the offer was duly signed for and on behalf of said corporation by authority and scope of its governing body, and within the scope of its corporate powers.

_____________________________________ (signature) Affix Corporate Seal

_____________________________________ (title)

INSTRUCTIONS: When the offeror/principal is a limited liability company, include this certification with your offer/bid.

Limited Liability Certificate

I, ____________________________________________ (name), certify that I am the

________________________________________(title), of the limited liability company named as the Offeror/Principal herein;

that _________________________________________(name), who signed this offer and/or bid bond on behalf of ___________________________ (company name) is

________________________________________ (title) of this company;

that the offer was duly signed for and on behalf of said company by authority and scope of its governing body, and within the scope of its powers.

_____________________________________ (signature) Affix Company Seal (as applicable) __________ _________________________ (title)

INSTRUCTIONS: When the offeror/principal is a partnership, include this

Authority to Bind Partnership

This certifies that the names and signatures of all partners are listed below, and that the person signing the proposal has the authority to actually bind the partnership pursuant to its partnership agreement. Each of the partners individually has full authority to enter into and execute contractual instruments on behalf of said partnership, except as follows:

(State “None” or describe limitations, if any)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to and acknowledge by the Contracting Officer.

(Include names and signatures of all partners)

INSTRUCTIONS: When the offeror/principal is a joint venture, include this

Authority to Bind Joint Venture

This certifies that the person signing the proposal has the authority to actually bind the joint venture pursuant to its joint venture agreement, and that each of the named persons listed below individually has full authority to enter into and execute contractual instruments on behalf of said joint venture, except as follows:

(State “None” or describe limitations, if any)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to and acknowledge by the Contracting Officer.

(Include names and signatures of all applicable individuals)

INSTRUCTIONS: When the offeror/principal is a sole proprietorship, the signature on the offer/bid and on the bonds must be as follows:

Sole Proprietorship Requirement

An Offeror/Principal that is a sole proprietorship must submit an offer/bid and a bond signed by the sole proprietor, or by one duly authorized to sign for the sole proprietor.

If the signature is by someone other than the sole proprietor, a copy of the power of attorney authorizing the individual to sign must be provided with the offer/bid.

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NMLayton Typewritten Text

DTFH70-09-R-00020

NMLayton Typewritten Text

WA FS ERFO 2007(1)-20(20)

Evergreen Road Emergency Repairs

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., 67$1'$5'�)250�����5(9���������%$&.

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(e.g., 20% of the bid price but the amount not to exceed 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 designed "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 capability.

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."

Table of Contents Project: WA FS ERFO 2007(1)-20(20), Evergreen Road Emergency Repairs

03USC01/01/04

TABLE OF CONTENTS

DESCRIPTION PAGE

Notice to Offeror....................................................................................................................A-1

Solicitation, Offer, and Award (SF 1442)..............................................................................A-3

Bid Schedule ..........................................................................................................................A-7

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

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

Minimum Wage Schedule......................................................................................................D-1

SCRs Table of Contents

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, FP-03 U.S. Customary Units.

Division 100...................................................................................................................E-1 Division 150...................................................................................................................E-21

Division 200...................................................................................................................F-1 Division 600...................................................................................................................F-10

Division 700...................................................................................................................G-1

Permits ..................................................................................................................................H-1

Storm Water Pollution Prevention Plan................................................................................ I-1

Fire Protection and Suppression Plan ................................................................................... J-1

A-1

Notice to Offeror Project: WA FS ERFO 2007(1)-20(20), Evergreen Road Emergency Repairs

03USC02/25/09

NOTICE TO OFFEROR

I. Project Location.

The project work is located 45 miles east of Monroe, Washington on Forest Road 6554 in Snohomish County, Mount Baker-Snoqualmie National Forest.

Signs have not been erected to identify the project limits. No Government personnel will be available for show-me tours.

II. Pre-proposal Information.

TECHNICAL QUESTIONS REGARDING PROPOSED WORK FOR THIS

PROJECT WILL NOT BE ACCEPTED AFTER THE CLOSE-OF-BUSINESS ON

JUNE 18, 2009.

Questions can be submitted and answers viewed by going to project information at http://www.wfl.fha.dot.gov/edi/current.htm

This solicitation includes electronic plan sheets. Plan sheets can be found at http://www.wfl.fhwa.dot.gov/edi/plans/evergreen/ and viewed by individual sections, downloaded by individual sections, or the entire plan set downloaded in a zip file. A paper copy of the plan sheets is available by submitting the form included in this solicitation.

Requests for technical information (Plan and Division 100 – 700 Specification questions only) about this project will only be accepted in writing (see Block 9 on page A-5).

REPS & CERTS. Submit or update Representations and Certifications online at http://orca.bpn.gov before bid submittal. For more details go to FAR Provision 52.204-8 Annual Representations and Certifications (see page B-2). If you have previously registered on-line and the NAICS code for this solicitation is different than the code listed in your online file, please note the amended changes on the lines provided in FAR 52.204-8.

Particular attention should be paid to Standard Form l442, Solicitation, Offer and Award, to assure that Blocks 14, 15, 16, 19, 20A, and 20C are completed correctly. Sign Block 20B according to the instructions in Subsection 102.02. You must submit a completed ‘Authority to Sign’ document. You must also complete the representations and certifications contained in the Contract Provisions beginning on page B-1. Failure to furnish or complete any of the above may result in your bid being considered nonresponsive and being rejected.

Facsimile bids are not authorized for this solicitation. Bids may be modified or withdrawn by facsimile, if such notice is received by the time specified for receipt of bids. The Government will not be responsible for any failure attributable to the transmission or receipt of facsimile data.

See FAR Provision 52.214-5, Submission of Bids. FAX 360.619.7932.

http://www.wfl.fhwa.dot.gov/edi/plans/evergreen/ http://www.wfl.fha.dot.gov/edi/current.htm

A-2

Notice to Offeror Project: WA FS ERFO 2007(1)-20(20), Evergreen Road Emergency Repairs

Notice of CCR Registration. You must register in the Central Contract Registration (CCR) prior to award of this contact. Failure to register prior to contract award will require award to be offered to the next successful registered Offeror. See FAR Subpart 4.1103(c). Register online at http://www.ccr.gov or call toll free: 888.227.2423.

Surety Bond Guarantee Program. Small businesses that need surety bonds can qualify for U.S.

Small Business Administration (SBA) backed surety bonds of up to $5,000,000. SBA assistance in locating a participating surety company or agent, and completing application forms is available online. For more information on the U.S. SBA’s Surety Bond Guarantee program, go online to https://www/sba.gov/osg/ or call 1-800-U-ASK-SBA.

III. Post Award Information.

Insurance requirements are set forth in Subsection 107.05.

Contractor Performance Evaluations. FHWA is now posting evaluations in the National Institutes of Health’s Contractor Performance System (CPS) for completed projects. Register at https://cps.nih.gov/infopage.asp (Click on “CPS Info” tab, then click on “Contractor Information” button) to view and comment on evaluations. System registration is only required once. Review the evaluation and submit comments within 30 days of notification. Reviewing the evaluation and submitting comments is limited to one entry. If unable to register, call

360.619.7520 for assistance or a copy of the evaluation. You can also access the Contractor User Manual from this web link.

IV. Specifications and Permits.

This solicitation and subsequent contract are governed by the Federal Acquisition Regulation (FAR), agency supplemental regulations, and the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 U.S. Customary Units. Obtain paper copies of the FP-03 by calling 360.619.7520, e-mailing at plans_spec@fhwa.dot.gov, or writing Federal Highway Administration, 610 East Fifth Street, Vancouver, WA 98661. Attention:

Specification Engineer. An electronic version may be found at:

http://www.wfl.fha.dot.gov/design/specs/fp03.htm.

Geotechnical and design data applicable to this project is listed in FAR Clause 52.236-4, Physical Data.

Material sources and waste areas have not been identified for this project. Secure all permits and clearances for Contractor-located waste areas and material sites and sources. See Subsections 105.02(b) and 107.10.

Index-Galena Road is closed to public traffic due to severe flood damage, between SR 2 at Index, WA and the junction with FR 65, and will not be available for access to project. Access to the project is available by way of FR 65, which intersects SR 2 near Skykomish, WA.

http://www.ccr.gov/ https://www/sba.gov/osg/ https://cps.nih.gov/infopage.asp http://www.wfl.fha.dot.gov/design/specs/fp03.htm

1. Solicitation No. 2. Type of Solicitation 3. Date Issued Page SOLICITATION, OFFER, AND

AWARD DTFH70-09-R-00020 Sealed Bid (IFB) 05/21/09 A-3 (Construction, Alteration, or Repair) x Negotiated (RFP)

IMPORTANT – The “offer” section on the reverse must be fully completed by offeror.

4. Contract No. 5. Requisition/Purchase Request No. 6. Project No.

N/A WA FS ERFO 2007(1)-20(20)

Evergreen Rd Emergency Repairs

7. Issued By Code: N/A 8. Address Offer to Code: N/A U.S. Department of Transportation Attn: Contracts Section Federal Highway Administration 610 East Fifth Street .

Vancouver WA 98661-3801

A. Name B. Telephone No. (Include area code) (No Collect Calls)

See page A-5. 360.619.7520 9. For Information Call:

SOLICITATION

NOTE: In sealed bid solicitation “offer” and “offeror” mean “bid” and “bidder”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS: (Title, Identifying No., Date)

This solicitation is designated WA FS ERFO 2007(1)-20(20), EVERGREEN ROAD EMERGENCY REPAIRS, MT BAKER-

SNOQUALMIE NATIONAL FOREST, SNOHOMISH COUNTY, WASHINGTON

IN STRICT ACCORDANCE WITH:

Bid Schedule - page A-7 Federal Acquisition Regulations (FAR) and Transportation Acquisition Regulations (TAR) - page C-1 General Wage Decision - page D-1 Special Contract Requirements - page E-1 Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 – U.S. Customary Units

11. The Contractor shall begin performance within 10 calendar days and complete it within __*___ calendar days after receiving the award, x notice to proceed. This performance period is x mandatory negotiable. ( See *see page A-5 .)

12A. The Contractor must furnish any required performance and payment bonds? 12B. Calendar Days (If “YES”, indicate within how many calendar days after award in item 12B.)

x Yes No

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 local time __06/23/09____ . If this is a sealed bid solicitation, offers must 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 x 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 1442-101 Standard Form 1442 (REV. 4-85) Prescribed by GSA FAR (48 CFR) 53.236-1 (e)

A-4

OFFER (Must be fully completed by offeror)

15. Telephone No. (Include are code)

14. Name and Address of Offeror (Include ZIP Code)

DUNS number:

16. Remittance Address (Include on it different than Item 14)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this is accepted by the Government in writing within 60 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 Bid Schedule

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

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

AMENDMENT

No.

DATE

20A NAME,TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print) 20B. SIGNATURE 20c. OFFER DATE

AWARD (to be completed by Government)

21. ITEM(S) ACCEPTED

All items on Bid Schedule.

22. Amount

23. Accounting and Appropriation Data

25. Other Than full and open competition pursuant to 24. Submit Invoices to Address shown in (4 copies unless otherwise specified)

Item See

Page A-5 10 U.S.C. 2304(c) (_____) 41 U.S.C 253 (c) (_____)

26. Administered by Payment will be made by Federal Highway Administration Western Federal Lands Highway Division 610 East Fifth Street Vancouver WA 98661-3801

Finance Section Western Federal Lands Highway Division 610 East Fifth Street Vancouver WA 98661-3801

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)

Michael L. Johnson

30b. Signature 30C. Date

31B. United States of America

By

31C. Award Date

STANDARD FORM 1442 BACK (REV. 4-85)

A-5

Continuation SF 1442

Block 9 FOR GENERAL INFORMATION, call 360.619.7520 from the hours of 8:00 a.m. to 4:00 p.m. local time or e-mail us at wfl.contracts@fhwa.dot.gov. You can also submit questions online from our Western Federal Lands webpage as described below.

FOR TECHNICAL INFORMATION (plan and specification questions only), requests for technical information about this project will only be accepted in writing.

Submit questions via fax (360.619.7932) or e-mail at plans_spec@fhwa.dot.gov . You can also submit questions online from our Western Federal Lands webpage as described below.

SUBMIT QUESTIONS ONLINE. You can submit your questions from our Western

Federal Lands website http://www.wfl.fha.dot.gov/edi/current.htm. In “Advertised Projects”, scroll to the project and click on “Technical Information Question” or “General Information Question”, as applicable. Previously asked and answered questions will be available for viewing on the website.

FOR DAVIS-BACON WAGE RATE INFORMATION call the Department of Labor at 415.848.6616.

FOR PHYSICAL DATA, See FAR Contract Clause 52.236-4, Physical Data, (clauses begin on page C-1) for a listing of available data. To obtain copies of Physical Data, submit a written request to the Contracts Section, FAX 360.619-7932 or e-mail us at wfl.contracts@fhwa.dot.gov. The Government requires 3 working days to print documents. Requests should be made early to assure timely arrival.

Block 11 COMPLETION DATE: Work shall be completed on or before the date specified in FAR Clause 52.211-10, Commencement, Prosecution, and Completion of Work, subject to such extensions as may be authorized by the terms of the contract and the specifications made a part thereof. Contract Clauses begin on pages C-1.

Block 12A PERFORMANCE & 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 Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 (U.S. Customary Unit).

Block 13B BID BOND AMOUNT: See FAR Clause 52.228-1, Bid Guarantee (clauses begin on page C-1).

ADDITIONAL INFORMATION: See Subsections 102.03 and 102.04 of Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 (U.S. Customary Units).

Block 24 SUBMITTING INVOICES: See Subsection 109.08 of the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 (U.S.

Customary Units).

ESTIMATED PRICES. The price range of the project work is between $500,000 and $1,000,000.

A-6

Continuation SF 1442

Reserved

Project: WA FS ERFO 2007(1)-20(20)

Offeror please note: Before preparing the bid, carefully read the Solicitation Provisions.

Insert a unit bid price, in figures, for each pay item for which a quantity appears in the bid schedule. Multiply the unit price by the quantity for each pay item and show the amount bid.

Should any mathematical check made by the Government show a mistake in the amount bid, the Amount Bid for the item will be based on the Unit Bid Price.

When "LPSM" (Lump Sum) appears as a unit bid price, insert an amount for each lump sum pay item.

When a sum based on a fixed rate appears for any pay item in the amount bid column, include the Government inserted amount bid for the item in the total bid amount.

Total the amounts bid for all pay items and insert the total bid amount.

A- 7

Bid Schedule

Pay Item No.

Estimated Quantity Unit Bid Price Amount Bid

15101-0000 MOBILIZATION

ALL Lump Sum $___________________

15201-0000 CONSTRUCTION SURVEY AND STAKING

ALL Lump Sum $___________________

15301-0010 CONTRACTOR QUALITY CONTROL AND ASSURANCE

ALL Lump Sum $___________________

15401-0000 CONTRACTOR TESTING

ALL Lump Sum $___________________

15501-0000 CONSTRUCTION SCHEDULE

ALL Lump Sum $___________________

15705-1300 SOIL EROSION CONTROL, TEMPORARY DIVERSION CHANNEL

LNFT $_______________ $___________________

15705-1500 SOIL EROSION CONTROL, SEDIMENT WATTLE

LNFT $_______________ $___________________

Project: WA FS ERFO 2007(1)-20(20)

Bid Schedule A

Pay Item No.

Estimated Quantity Unit Bid Price Amount Bid

A- 8

20102-0000 CLEARING AND GRUBBING

ALL Lump Sum $___________________

20301-1900 REMOVAL OF PIPE CULVERT

EACH $_______________ $___________________

20401-0000 ROADWAY EXCAVATION

3,000

CUYD $_______________ $___________________

20402-0000 SUBEXCAVATION

CUYD $_______________ $___________________

20403-0000 UNCLASSIFIED BORROW

CUYD $_______________ $___________________

20701-1200 EARTHWORK GEOTEXTILE, TYPE IV-A

SQYD $_______________ $___________________

20701-1300 EARTHWORK GEOTEXTILE, TYPE IV-B

SQYD $_______________ $___________________

20703-0000 GEOGRID

SQYD $_______________ $___________________

25101-3000 PLACED RIPRAP, CLASS 3

3,150

CUYD $_______________ $___________________

25101-3000 PLACED RIPRAP, CLASS 3 (with welded wire mats)

CUYD $_______________ $___________________

25105-3000 KEYED RIPRAP, CLASS 3

CUYD $_______________ $___________________

25105-5000 KEYED RIPRAP, CLASS 5

CUYD $_______________ $___________________

Project: WA FS ERFO 2007(1)-20(20)

Estimated Quantity Unit Bid Price Amount Bid

A- 9

25510-0000 SELECT GRANULAR BACKFILL

CUYD $_______________ $___________________

27201-1000 REINFORCED SOIL SLOPE, GEOGRID

SQFT $_______________ $___________________

30802-1000 ROADWAY AGGREGATE, METHOD 1

TON $_______________ $___________________

60201-1400 60-INCH PIPE CULVERT , GOVERNMENT FURNISHED

LNFT $_______________ $___________________

60202-1300 78-INCH EQUIVALENT DIAMETER ARCH OR ELLIPTICAL PIPE CULVERT

LNFT $_______________ $___________________

62201-0250 DUMP TRUCK, 10 CUBIC YARD MINIMUM CAPACITY

HOUR $_______________ $___________________

62201-3150 HYDRAULIC EXCAVATOR, CRAWLER MOUNTED, 1.0 CUBIC YARD

MINIMUM CAPACITY WITH THUMB ATTACHMENT

HOUR $_______________ $___________________

62503-0000 TURF ESTABLISHMENT

SLRY $_______________ $___________________

62901-1400 ROLLED EROSION CONTROL PRODUCT, TYPE 5.C

SQYD $_______________ $___________________

63502-0600 TEMPORARY TRAFFIC CONTROL, BARRICADE TYPE 3

EACH $_______________ $___________________

63502-1500 TEMPORARY TRAFFIC CONTROL, WARNING LIGHT TYPE A

EACH $_______________ $___________________

Project: WA FS ERFO 2007(1)-20(20)

Estimated Quantity Unit Bid Price Amount Bid

A- 10

63504-1000 TEMPORARY TRAFFIC CONTROL, CONSTRUCTION SIGN

SQFT $_______________ $___________________

$_____________________TOTAL

Submitted by:

Name of Offeror

Project: WA FS ERFO 2007(1)-20(20)

B-1

Solicitation Provisions

Federal Acquisition Regulation

Representations, Certifications and Other

Statements of Offeror

The Offeror Makes the Following Representations and Certifications as a Part of its Offer.

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007)

(a) Definitions. As used in this provision---“Lobbying contact” has the meaning provided at 2 U.S.C.

1602(8). The terms “agency”, “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

Completing FAR provision 52.204-8 Annual Representation and Certifications.

• This solicitation is issued under NAICS 237310 – Highway, Street & Bridge Construction with a small business size standard of $31 million. If your average annual gross receipts for the past 3 years are above $33.5 million you are a large business for this solicitation. If they are below $33.5 million you are a small business. Please complete the certification listed in paragraph (d).

• Your small business information is pulled into ORCA from the Central Contractor Registration (CCR). Please include NAICS 237310 in the Central Contractor Registration (CCR) at http://www.ccr.gov/. Please note that if you are currently using a NAICS code beginning in 234, you are using an outdated code. Please update your files to 237310 – Highway, Street & Bridge Construction.

• Before submitting bids, please ensure you have completed your annual representations and certifications electronically at the ORCA website, http://orca.bpn.gov.

B-2

52.204-8 Annual Representations and Certifications. (FEB 2009)

(a) (1) The North American Industry Classification (NAICS) code for this solicitation is 237310 – Highway, Street & Bridge construction.

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

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

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

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (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 ORCA 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 Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(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) (B) Exceed the simplified acquisition threshold; and

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

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

(vi) 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.

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

(viii) 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.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

B-3

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

(xi) 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.

(xii) 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.

(xiii) 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.

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

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

(xvi) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate.

(Basic, Alternate I, and Alternate II) 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 $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—

Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution

Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

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

__ (i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

__ (ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

__ (iii) 52.219-22, Small Disadvantaged Business Status.

__ (A) Basic.

__ (B) Alternate I.

__ (iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

__ (vi) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.

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

__ (viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

B-4

__ (ix) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (x) 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

Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically 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 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 52.219-1 Small Business Program Representations ___________ Under NAICS Code 237310 the offeror represents as part of its offer that it (__) is, (__) is not a small business.

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

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

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

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

Goals for Minority Participation for Each Trade: 7.2% Goals for Female Participation for Each Trade: 6.9%

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

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

B-5

(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 Snohomish County, Washington.

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 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…