P-1 Addendum 2

P R O P O S A L

FOR

DEPARTMENT OF LAND AND NATURAL RESOURCES

ENGINEERING DIVISION State of Hawaii

JOB NO. B46XM71A

Lahaina Small Boat Harbor Ferry Pier Improvements Lahaina, Maui, Hawaii

DBE Project Goal

0.4%

, 20

Chief Engineer Engineering Division Department of Land and Natural Resources State of Hawaii

Honolulu, Hawaii

Dear Sir:

The undersigned, having carefully examined the local conditions and all available records and information covering conditions which may affect the cost of the work to be performed, and having carefully examined the Plans and Specifications, and other contract documents, hereby proposes to furnish and pay for all materials, tools, equipment, labor and other incidental work necessary to construct the Lahaina Small Boat Harbor Ferry Pier Improvements as required or called for in this Proposal, all according to the true intent and meaning of the Notice to Bidders, Information and Instructions to Bidders, Proposal, Detailed Specifications, Interim General Conditions, Plans, and any and all addenda for:

JOB NO. B46XM71A

Lahaina Small Boat Harbor Ferry Pier Improvements

Lahaina, Maui, Hawaii

on file in the office of the Engineering Division for the TOTAL BASE BID (Items 1 to 31) of:

Dollars ($ )

and will fully complete all work under this contract within 570 consecutive calendar days from the date of

written notice to proceed, including date of said order, said total sum being itemized on the following

pages.

P-2 Addendum 2

PROPOSAL

Item

No.

Quantity

Unit

Description

Unit Price

Total

BASE BID

1.

LS

Demolition Work; to include demolition,

hauling & disposal as required to construct

new improvements.

$

2.

LS

Pollution/Erosion Control, including

landside and in-water BMPS, testing and

monitoring.

$

3.

LS

Concrete Pier and Concrete Gangway,

including aluminum guardrail, FRP grating,

rub rails, mooring cleats, valve boxes,

hose bib, and pump out stanchion, in place

complete.

$

4.

1,147

LF

Drilled Shafts, Sixteen 2’-6” diameter

with ¾” thick steel casing; including

reinforcing, testing/ monitoring, removal

and drying of spoils, in place complete.

$

$

5.

200

LF

Micropiles, 4 #9 Grade 75 all thread rebar

at gangway abutment; including

testing/monitoring, nuts, couplings,

washers, and grout, in place complete.

$

$

6.

1,040

LF

Micropiles, 26 #11 all thread rebar at

building; including testing, plates, nuts, couplings, washers, and grout, in place

complete.

$

$

7.

LS

Gangway Abutment, including concrete,

reinforcing, extruded polystyrene (XPS),

and joint filler, in place complete.

$

8.

LS

Aluminum Gangway, 38’-5” long by 15’

wide, including pipe supports, in place

complete.

$

9.

LS

Wooden Trellis at concrete pier, including

lumber, hardware, finishing and concrete

pedestal with rock veneer, in place

complete.

$

10.

LS Site Grading, as required to construct new

improvements.

$

11.

LS

7” Concrete Pavement; including traffic

control, excavation, subgrade preparation,

base course, jointing, finishing, striping,

signing, curbs, gutter, sidewalk, AC

pavement transitions, curb ramp, wheel

stops, removable and permanent bollards,

and appurtenances, in place complete.

$

P-3 Addendum 2

Item

No.

Quantity

Unit

Description

Unit Price

Total

BASE BID CONTINUED

12.

LS

Informational Kiosk, including moss rock

veneer base, posts, frames for signage, and

metal corrugated roof, in place complete.

$

13.

LS

Waterline, 4” PVC C900 pipe, including

excavation, bedding, backfill, connections,

valves, fittings, concrete blocks, and

appurtenances, chlorination and testing, in

place complete

$

14.

LS

Waterline, 3/4” HDPE and copper pipe,

including excavation, bedding, backfill,

connections, valves, fittings, and

appurtenances, chlorination and testing, in

place complete.

$

15.

LS

Sewer Force main, 2” DR 11 HDPE pipe,

including trench excavation, bedding,

backfill, connections, bends, concrete

reaction blocks, and appurtenances, in

place complete.

$

16.

LS

Fuel line, 3” fiberglass double wall pipe,

including trench excavation, bedding,

backfill, connections, bends, and

appurtenances, in place complete.

$

17.

LS

Grinder Pump Station, including

excavation, bedding, fiberglass basin,

pumps, interconnecting piping, discharge

piping, electrical starters and controls,

protective coatings, and appurtenances, in

place complete.

$

18.

LS

Vessel Pump Out System, including pump,

panels, interconnecting piping, suction

piping, discharge piping, mounting, and

appurtenances, in place complete.

$

19.

LS

Precast Concrete Dead Man, including

excavation, bedding, backfill, concrete,

reinforcing, rod anchors, tie backs,

connections, and appurtenances, in place

complete.

$

20.

LS

Administration Building, including

foundation, structure, mechanical systems,

sanitary facilities, exterior landing

improvements, exterior stairs, CRM walls,

exterior wood fencing, interior and exterior

finishing, flood barriers, and

appurtenances, in place complete.

$

P-4 Addendum 2

Item

No.

Quantity

Unit

Description

Unit Price

Total

BASE BID CONTINUED

21.

LS

Seawall repair, including grout, dowels,

formwork, BMPs and monitoring, in place

complete.

$

22.

LS

Administration Building Electrical Work, in

place complete.

$

23.

LS

Site Electrical Work, including the Ferry

Pier, pump out system, grinder pump,

lighting and all other electrical

improvements, in place complete

$_____________

24. LS Project Sign, in place complete. $

25. LS Traffic Control $

26. LS Archaeological Monitoring $

27. LS Geotechnical Engineering Monitoring and

Testing Services

$

28. Allowance Additional Environmental Controls $ 100,000.00

29. Allowance DOBOR & CM Temporary Office $ 75,000.00

30. Allowance Kiosk 24” x 30” Signs $ 5,000.00

Subtotal Bid (Items 1-30) $

31.

LS Mobilization and Demobilization (not to

exceed 10% of the Subtotal Bid)

$

Total Bid (Items 1-31) $

DBE Contract Goal $

P-5 Addendum 2

CONDITION OF AWARD

It is understood that the award of the contract will be made on the basis of the lowest responsible Total

Base Bid (Items 1 to 31), and meeting or exceeding the DBE project goal, or makes a good faith effort

to meet or exceed the DBE project goal, selected by the Board of Land and Natural Resources. Write

the total for Base Bid items 1 to 31 on page P-1 and DBE contract goal on page P-4.

It is understood and agreed that the Board of Land and Natural Resources reserves the right to reject any

and/or all bids and waive any defects when, in the Board's opinion, such rejection or waiver will be for

the best interest of the State of Hawaii.

In the event all bids exceed available funds certified by the appropriate fiscal officer, the head of the

purchasing agency responsible for the procurement in question is authorized in situations where time or

economic considerations preclude resolicitation of work of a reduced scope to negotiate an adjustment

of the bid price, including changes in the bid requirements, with the low responsible and responsive

bidder, in order to bring the bid within the amount of available funds. It is understood and agreed upon that

the head of the purchasing agency may delete a portion or all any item(s) in the proposal at the stated

unit or lump sum price as necessary to stay within the available funding. The bidder is responsible to

make an earnest effort to represent the actual cost of each item, including all materials, labor, equipment,

overhead and profit in their bid proposal to preclude claims of anticipated profit or loss of profit

because of an unbalanced bid proposal.

It is also understood that if a mutually agreeable cost for the reduced scope of work necessitated by a

lack of available funds cannot be agreed upon between the bidder and the head of the purchasing

agency within 14 calendar days after the bid opening, then the bid may be rejected in the best interest of

the purchasing agency, and the head of the purchasing agency may negotiate in progressive order

(lowest to highest) with the next lowest responsible and responsive bidder.

It is also understood and agreed that the award of the contract shall be conditioned upon funds being

made available for this project and further upon the right of the Board of Land and Natural Resources to

hold all bids received for a period of ninety (90) days from the date of the opening thereof, unless

otherwise required by law, during which time no bid may be withdrawn.

It is also understood that Notice to Proceed may be delayed up to eighteen (18) months after the bid

opening date, and that no additional compensation will be provided for any claim for escalation or delay

for issuance of Notice to Proceed on or before that date.

It is also understood and agreed that the quantities given herewith are approximate only and are subject

to increase or decrease, and that the undersigned will perform all quantities of work as either increased or decreased, in accordance with the provisions of the Contract Specifications.

It is also understood and agreed that the estimated quantities shown for the items for which a UNIT

PRICE is asked in this Proposal are only for the purpose of comparing on a uniform basis, bids offered

for the work under this contract, and the undersigned agrees that he is satisfied with and will at no time,

dispute said estimated quantities as a means of claims for anticipated profit or loss of profit, because of

a difference between the quantities of the various classes of work done or the materials and equipment

installed, and the said estimated quantities. On UNIT PRICE bids, payment will be made only for the actual number of units incorporated into the finished project at the contract UNIT PRICE.

After the HIePRO bid due date and time, the figures will be extended and/or totaled in accordance with

the bid prices of the acceptable proposals and the totals will be compared. In the comparison of bids,

P-6 Addendum 2

words written in the proposal shall govern over figures and unit prices will govern over totals. Until the

award of the contract, however, the right will be reserved to reject any and all proposals and to waive

any defects or technicalities as may be deemed best for the interest of the State.

It is also understood and agreed that due to the use of Federal funding for this project, the DBE

provisions contained in the section on “Disadvantage Business Enterprise Requirements” shall

govern and the Contractor’s attention is called to this section to ensure compliance with the

provisions contained therein. The comparison of bids will include meeting the DBE project goal

as prescribed in the section.

It is also understood and agreed that liquidated damages in the amount of One thousand and No/100

Dollars ($1,000) for each and every calendar day in excess thereof prior to completion of the contract

shall be withheld from payments due to the Contractor.

It is also understood and agreed that if this bid is accepted, the successful bidder must enter into and

execute a contract with the Board of Land and Natural Resources and furnish a Performance and

Payment Bond, as required by law. These bonds shall conform to provisions of Section 103D-324 and 325, Hawaii Revised Statutes and any law applicable hereto.

It is also understood and agreed that the successful bidder will provide all necessary labor, materials,

tools, equipment, and other incidentals necessary to do all the work and furnish all the materials

specified in the contract in the manner and time herein prescribed, and according to the requirements of

the Engineer as therein set forth.

It is understood that by submitting this proposal, the undersigned is declaring that his firm has not been

assisted or represented on this matter by an individual who has, in a State capacity, been involved in the

subject matter of this contract in the past two years.

It is understood that by submitting this proposal in accordance with HAR 3-122-192, the undersigned is

declaring that the price submitted is independently arrived without collusion.

It is also understood that by submitting this proposal, a Certification for Safety and Health Programs for

bids in excess of $100,000 (in accordance with HRS 396-18), the undersigned certifies that his

organization will have a written safety and health plan for this project that will be available and

implemented by the Notice to Proceed date of this project. Details of the requirements of this plan may

be obtained from the Department of Labor and Industrial Relations, Occupational, Safety and Health

Division (HIOSH).

It is further understood and agreed that the successful bidder shall comply with paragraph 3.1.a

"SUBCONTRACTING" of the General Provisions which requires that the contractor shall perform with

his own organization and with the assistance of workmen under his immediate superintendence, work

of a value not less than twenty percent (20%) of the value of all work embraced in the Contract, except that certain contract items of work, if specifically referred to in the special provisions, will be exempted

from said twenty percent requirement.

Compliance with §103-310 HRS. As a condition of award all bidders shall comply with all laws

governing entities doing business in the State, including Chapter 237 HRS (general excise tax); Chapter

383 HRS (employment security – unemployment insurance); Chapter 386 HRS (workers

compensation); Chapter 392 HRS (temporary disability insurance); and Chapter 393 HRS (pre-paid

health care), and shall produce all documents to the State (DLNR, Engineering Division) required to

P-7 Addendum 2

demonstrate compliance with these subsections. Any bidder making a false affirmation or certification

under this subsection shall be suspended and may be debarred from further offerings or awards pursuant

to §103D-702 HRS.

RECEIPT OF ADDENDA

The bidder also acknowledges receipt of any and all addenda issued by the Engineering Division, by

recording the date of receipt of the respective addenda in the space provided below:

HIePRO

Addendum

Date Received

HIePRO

Addendum

Date Received

No. 1 No. 5

No. 2 No. 6

No. 3 No. 7

No. 4 No. 8

It is understood that failure to receive any such addendum shall not relieve the Contractor from any

obligation under this Proposal as submitted.

It is also understood and agreed that if this Proposal is accepted and the undersigned should fail or

neglect to contract as aforesaid, the Board may determine that the bidder has abandoned the Contract,

and thereupon, forfeiture of the security accompanying his proposal shall operate and the same shall

become the property of the Board.

P-8 Addendum 2

JOINT CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, OR MANUFACTURERS

TO BE ENGAGED ON THIS PROJECT

The Bidder agrees that the following is a complete listing of all joint contractors or subcontractors

covered under Chapter 444, Hawaii Revised Statutes (HRS), who will be engaged by the Bidder on

this project to perform the required work indicated pursuant to Section 103D-302, HRS. It is the sole

responsibility of the contractor to review the requirements of this Project and determine the

appropriate licenses that are required to complete the Project. The Bidder certifies that the completed

listing of joint contractors or subcontractors fulfills the requirements for the project and the Bidder,

together with the listed subcontractors or joint contractors have all the specialty contractor’s licenses

to complete the work, except as provided for in HRS §103D-302(b). Failure of the Bidder to comply

with this requirement may be just cause for rejection of the bid.

“A” General Engineering Contractors and “B” General Building Contractors are reminded that due to

the Hawaii Supreme Court’s January 28, 2002 decision in Okada Trucking Co., Ltd. v. Board of

Water Supply, et al., 97 Haw. 450 (2002), they are prohibited from undertaking any work, solely or as

part of a larger project, which would require the general contractor to act as a specialty contractor in

any area in which the general contractor has no license. Although the “A” and “B” contractor may

still bid on and act as the “prime” contractor on an “A” or “B” project (See, HRS §444-7 for the

definitions of an “A” and “B” project.), respectively, the “A” and “B” contractor may only perform

work in the areas in which they have the appropriate contractor’s license (An “A” or “B” contractor

obtains “C” specialty contractor’s licenses either on its own, or automatically under HAR § 16-77-

32). The remaining work must be performed by appropriately licensed entities.

General Engineering “A” Contractors automatically have these “C” specialty contractor’s licenses: C-3, C-

9, C-10, C-17, C-24, C-31a, C-32, C-35, C-37a, C-37b, C-38, C-43, C-49, C-56, C-57a, C-57b and C-61.

General Building “B” Contractors automatically have these “C” specialty contractor’s licenses: C-5, C-6,

C-10, C-12, C-24, C-25, C-31a, C-32a, C-42a and C-42b.

In completing the Joint Contractors or Subcontractors List, describe the specialty contractor’s nature

and scope of work to be performed for this project and provide the complete firm name of the joint

contractor or subcontractor in the respective columns. If the Bidder is a general contractor and

providing the work of the required specialty contractor, fill in the Bidder’s (general contractor’s) name and nature and scope of work to be performed on this project.

List only one joint contractor or subcontractor per required specialty contractor’s classification, unless

within the same specialty, the work of each joint contractor or subcontractor can be described so that

there is no overlap in work descriptions.

If a contractor’s license is required by law for the performance of the work which is called for in this

bid, the bidder and all subcontractors must have the required license before the submission of the

bidder’s proposal in the case of a non-federal aid project, and for federal-aid projects, the bidder

must have the required license prior to the award of the project and all subcontractors prior to

the start of the subcontracted work.

The Bidder asserts that affirmative action has been taken to seek out and consider Disadvantage

Business Enterprises (DBEs) for portions of the work which can be subcontracted, and the affirmative

actions of the bidder are fully documented in its records and are available upon request by the

Department. It is also understood that it must meet or exceed the DBE project goal listed on P-1, or

P-9 Addendum 2

demonstrate that it made good faith efforts to meet the DBE project goal. The bidder agrees to utilize

each participating DBE that it submitted to meet the contractor’s written contract goal (on page

P-4) if the contract is awarded to it and shall maintain such DBE participation during construction of

this project.

COMPLETE FIRM NAME OF

SUBCONTRACTOR

(Attach Additional Sheets if Necessary)

NATURE AND SCOPE OF WORK

TO BE PERFORMED

DBE (Y/N)

1.

1a1

2.

2a.

3.

3a.

4.

4a.

5.

5a.

6.

6a.

7.

7a.

8.

8a.

9

9a.

10.

10a.

NOTES: FIRMS CLAIMING DBE STATUS MUST BE CERTIFIED WITH STATE OF HAWAII, DEPARTMENT OF

TRANSPORTATION (HDOT) PRIOR TO THE BID OPENING DATE. PRIME BIDDER MUST REASONABLY ASSURE

ITSELF THAT THE LISTED FIRMS CLAIMING DBE STATUS ARE CERTIFIED WITH HDOT AS OF THE BID

OPENING DATE.

THE NAME OF FIRM AND NATURE OF WORK SHALL BE INDICATED FOR ALL FIRMS.

1 Second tier subcontractors

P-10 Addendum 2

COMPLETE FIRM NAME OF

JOINT CONTRACTOR

(Attach Additional Sheets if Necessary)

NATURE AND SCOPE OF WORK TO BE

PERFORMED

DBE

(Y/N)

1.

1a1

2.

2a.

COMPLETE FIRM NAME OF

DBE SUPPLIER

(Attach Additional Sheets if Necessary)

NATURE AND SCOPE OF WORK TO BE

PERFORMED

1.

1a.

2.

2a.

COMPLETE FIRM NAME OF

DBE MANUFACTURER

(Attach Additional Sheets if Necessary)

NATURE AND SCOPE OF WORK TO BE

PERFORMED

1.

1a.

2.

2a.

3.

3a.

NOTES: FIRMS CLAIMING DBE STATUS MUST BE CERTIFIED WITH STATE OF HAWAII, DEPARTMENT OF

TRANSPORTATION (HDOT) PRIOR TO THE BID OPENING DATE. PRIME BIDDER MUST REASONABLY ASSURE

ITSELF THAT THE LISTED FIRMS CLAIMING DBE STATUS ARE CERTIFIED WITH HDOT AS OF THE BID

OPENING DATE.

THE NAME OF FIRM AND NATURE OF WORK SHALL BE INDICATED FOR ALL FIRMS.

1 Second tier subcontractors

P-11 Addendum 2

Enclosed herewith is a:

1. Surety Bond (*1) )

2. Legal Tender (*2) )

3. Cashier's Check (*3) )

4. Certificate of Deposit (*3) ) in the

5. Certified Check (*3) ) amount

6. Official Check (*3) ) of

7. Share Certificate (*3) )

8. Teller's Check (*3) )

9. Treasurer's Check (*3) )

(Cross Out Those Not Applicable)

Dollars ($ )

as required by law.

Respectfully submitted,

Name of Company, Joint Venture

or Partnership

Contractor's License No.

By

Signature (*4)

Title

Print Name

Date

Address

Telephone No.

E-Mail Address

P-12 Addendum 2

NOTES:

1. Surety bond underwritten by a company licensed to issue bonds in this State;

2. Legal tender; or

3. A certificate of deposit; share certificate; or cashier's, treasurer's, teller's, or official check

drawn by, or a certified check accepted by, and payable on demand to the State by a bank, a

savings institution, or credit union insured by the Federal Deposit Insurance Corporation or

the National Credit Union Administration.

A. These instruments may be utilized only to a maximum of $100,000.

B. If the required security or bond amount totals over $100,000, more than one

instrument not exceeding $100,000 each and issued by different financial institutions

shall be accepted.

4. Please attach to this page evidence of the authority of this officer to submit bids on behalf

of the Company and also the names and residence addresses of all officers of the Company.

5. Fill in all blank spaces with information asked for or bid may be invalidated. PROPOSAL

MUST BE INTACT, MISSING PAGES MAY INVALIDATE YOUR BID.

Federal Certifications

CERTIFICATION AND RESTRICTIONS ON LOBBYING

I, ________________________________________________ , hereby certify (Name and title of official)On behalf of _______________________________________ that: (Name of Bidder/Company Name)

No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to

influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of

Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering

into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or

cooperative agreement.

If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer

or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in

connection with the federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form ­ LLL,

"Disclosure Form to Report Lobbying," in accordance with its instructions.

The undersigned shall require that the language of this certification be included in the award documents for all sub­awards at all tiers (including

sub­contracts, sub­grants and contracts under grants, loans, and cooperative agreements) and that all sub­recipients shall certify and disclose

accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission ofthis certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. $ 1352 (as amended by the Lobbying DisclosureAct of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure.The undersigned certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification andunderstands that the provisions of 31 U.S.C. Section 3801, et seq., are applicable thereto.

Name of Bidder/Company Name __________________________________________Type or print name __________________________________________Signature of Authorized representative ____________________________________ Date ___/___/________Signature of notary and SEAL __________________________________________

P-13

GOVERNMENT­WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

Instructions for Certification: By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signedcertification set out below.

1. It will comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200, whichadopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment andSuspension (Nonprocurement),” 2 CFR part 180,

2. To the best of its knowledge and belief, that its Principals and Subrecipients at the first tier:

a. Are eligible to participate in covered transactions of any Federal department or agency and are not presently:

1. Debarred

2. Suspended

3. Proposed for debarment

4. Declared ineligible

5. Voluntarily excluded

6. Disqualified

b. Its management has not within a three­year period preceding its latest application or proposal been convicted of or had a civil judgmentrendered against any of them for:

1. Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State,or local) transaction, or contract under a public transaction,

2. Violation of any Federal or State antitrust statute, or

3. Proposed for debarment commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making anyfalse statement, or receiving stolen property

c. It is not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) withcommission of any of the offenses listed in the preceding subsection 2.b of this Certification,

d. It has not had one or more public transactions (Federal, State, or local) terminated for cause or default within a three­year periodpreceding this Certification,

e. If, at a later time, it receives any information that contradicts the statements of subsections 2.a – 2.d above, it will promptly provide thatinformation to FTA,

f. It will treat each lower tier contract or lower tier subcontract under its Project as a covered lower tier contract for purposes of 2 CFR part1200 and 2 CFR part 180 if it:

1. Equals or exceeds $25,000,

2. Is for audit services, or

3. Requires the consent of a Federal official, and

g. It will require that each covered lower tier contractor and subcontractor:

1. Comply and facilitate compliance with the Federal requirements of 2 CFR parts 180 and 1200, and

2. Assure that each lower tier participant in its Project is not presently declared by any Federal department or agency to be:

a. Debarred from participation in its federally funded Project,

b. Suspended from participation in its federally funded Project,

c. Proposed for debarment from participation in its federally funded Project,

d. Declared ineligible to participate in its federally funded Project,

e. Voluntarily excluded from participation in its federally funded Project, or

f. Disqualified from participation in its federally funded Project, and

3. It will provide a written explanation as indicated on a page attached in FTA’s TrAMS­Web or the Signature Page if it or any of its principals,including any of its first tier Subrecipients or its Third Party Participants at a lower tier, is unable to certify compliance with the precedingstatements in this Certification Group.

Certification

Contractor __________________________________________________________________________Signature of Authorized Official ____________________________________ Date ___/ ___/ ________Name and Title of Contractor's Authorized Official __________________________________________

P-14

BUY AMERICA CERTIFICATION(STEEL OR MANUFACTURED PRODUCTS)

[61 FR 6302, Feb. 16, 1996, as amended at 74 FR 30239, June 25, 2009]

General Requirement (as stated in 49 CFR 661.5)

a. Except as provided in 49 CFR 661.7 and 49 CFR 661.11, no funds may be obligated by FTA for a grantee project unless all iron, steel, and

manufactured products used in the project are produced in the United States.

b. All steel and iron manufacturing processes must take place in the United States, except metallurgical processes involving refinement of steel

additives.

c. The steel and iron requirements apply to all construction materials made primarily of steel or iron and used in infrastructure projects such as,

transit or maintenance facilities, rail lines, and bridges. These items include, but are not limited to, structural steel or iron, steel or iron beams

and columns, running rail and contact rail. These requirements do not apply to steel or iron used as components or subcomponents of other

manufactured products or rolling stock, or to bimetallic power rail incorporating steel or iron components.

d. For a manufactured product to be considered produced in the United States:

1. All of the manufacturing processes for the product must take place in the United States; and

2. All of the components of the product must be of U.S. origin. A component is considered of U.S. origin if it is manufactured in the United

States, regardless of the origin of its subcomponents.

If steel, iron, or manufactured products (as defined in 49 CFR 661.3 and 661.5) are being procured, the appropriate certificate as set forth below shallbe completed and submitted by each bidder or offeror in accordance with the requirement contained in 49 CFR 661.13(b).

Certificate of Compliance with Buy America Requirements

The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(1), and the applicable regulations in 49 CFR part661.Company _______________________________________________________________________Name ____________________________________ Title __________________________________Signature ____________________________________ Date __________________________________

Certificate of Non­Compliance with Buy America Steel or Manufactured Products Requirements The bidderor offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but it may qualify for an exception to the requirementpursuant to 49 U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 C.F.R. 661.7.Company _______________________________________________________________________Name ____________________________________ Title __________________________________Signature ____________________________________ Date __________________________________

P-15

Approved by OMB

0348-0046

Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352

(See reverse for public burden disclosure)

1. Type of Federal Action:

a. contract

____ b. grant

c. cooperative agreement

d. loan

e. loan guarantee

f. loan insurance

2. Status of Federal Action:

a. bid/offer/application

_____ b. initial award

c. post-award

3. Report Type:

a. initial filing

_____ b. material change

For material change only:

Year _______ quarter _______

Date of last report___________

4. Name and Address of Reporting Entity:

____ Prime _____ Subawardee

Tier______, if Known:

Congressional District, if known:

5. If Reporting Entity in No. 4 is Subawardee,

Enter Name and Address of Prime:

Congressional District, if known:

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable: ____________

8. Federal Action Number, if known: 9. Award Amount, if known:

$

10. a. Name and Address of Lobbying Registrant

(if individual, last name, first name, MI):

b. Individuals Performing Services (including address if

different from No. 10a)

(last name, first name, MI):

11. Information requested through this form is authorized by

title 31 U.S.C. section 1352. This disclosure of lobbying

activities is a material representation of fact upon which

reliance was placed by the tier above when this transaction

was made or entered into. This disclosure is required

pursuant to 31 U.S.C. 1352. This information will be reported

to the Congress semi-annually and will be available for public

inspection. Any person who fails to file the required

disclosure shall be subject to a civil penalty of not less than

$10,000 and not more than $100,000 for each such failure.

Signature: __________________________________

Print Name: _____

Title: _____

Telephone No.: ____________ Date: _______

Federal Use Only Authorized for Local Reproduction

Standard Form - LLL (Rev. 7-97)

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INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the

initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section

1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 in connection with a covered Federal action. Complete all items that apply for both

the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and

Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the

outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the

information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last

previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if

known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or

subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier.

Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks “Subawardee,” then enter the full name, address, city, State and

zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level

below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full

Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan

commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,

Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract,

grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included

prefixes, e.g., “RFP-DE-90-001.”

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the

Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act

of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action.

(b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a).

Enter Last Name, First Name, and Middle Initial (MI).

11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays

a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting

burden for this collection of information is estimated to average 10 minutes per response, including 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 the burden estimate or any other aspect of this collection of information, including suggestions for reducing this

burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503

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END OF PROPOSAL