NYE COUNTY, NEVADA. CONTRACT DOCUMENTS and TECHNICAL SPECIFICATIONS for the GABBS AIRPORT REHABILITATE UNPAVED RUNWAYS 2017

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1 NYE COUNTY, NEVADA CONTRACT DOCUMENTS and TECHNICAL SPECIFICATIONS for the GABBS AIRPORT REHABILITATE UNPAVED RUNWAYS FAA AIP No PWP NY Date: February 2017 Prepared by Professional Circle, Suite 102 Reno, Nevada Phone Fax

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3 PART A BID AND CONTRACT DOCUMENTS TABLE OF CONTENTS Division I Advertisement and Information for Bids Advertisement for Bids... AI 1 Information for Bidders... AI 4 Division II Bid Proposal Proposal Form... AII 1 Bid Schedule... AII 3 Assurance of Disadvantaged Business Enterprise Participation... AII 14 Bidder s Statement on Previous Contracts Subject to EEO Clause... AII 16 Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion... AII 17 Trade Restriction Clause... AII 17 Buy American Certificate... AII 19 Certification of Nonsegregated Facilities... AII 20 Designation of Subcontractors... AII 26 Contractor s Schedule... AII 29 Bid Bond Form... AII 31 Division III Contract Documents Notice of Award... AIII 1 Contract Agreement... AIII 3 Buying Goods Produced in the United States... AIII 8 Civil Rights Act of 1964, Title VI... AIII 8 Airport and Airway Improvement Act... AIII 9 Lobbying and Influencing Federal Employees... AIII 10 Access to Records and Reports... AIII 10 DBE Required Statements... AIII 10 Energy Conservation Requirements... AIII 10 Breach of Contract Terms... AIII 10 Rights to Inventions... AIII 11 Trade Restriction Clause... AIII 11 Veteran s Preference... AIII 12 Davis Bacon Requirements... AIII 12 Equal Employment Opportunity... AIII 17 Notice to Prospective Federally Assisted Construction Contractors... AIII 18 Certification of Nonsegregated Facilities... AIII 19

4 Notice of Requirements for Affirmative Action... AIII 19 Standard Federal Equal Employment Opportunity Construction Contract Specifications... AIII 20 Termination of Contract... AIII 24 Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion... AIII 25 Contract Work Hours and Safety Standards... AIII 25 Clean Air and Water Pollution Control Requirements... AIII 25 Performance Bond... AIII 29 Labor and Materials Bond... AIII 31 Notice to Proceed... AIII 33 Federal Wage Rates and State Wage Rates... AIII 35 PART B CONTRACT PROVISIONS DIVISION I Federal General Provisions Section 10 Definition of Terms... BI 3 Section 20 Proposal Requirements and Conditions... BI 5 Section 30 Award and Execution of Contract... BI 8 Section 40 Scope of Work... BI 10 Section 50 Control of Work... BI 14 Section 60 Control of Materials... BI 19 Section 70 Legal Relations and Responsibility to Public... BI 22 Section 80 Prosecution and Progress... BI 33 Section 90 Measurement and Payment... BI 39 Section 100 Contractor Quality Control Program... BI 45 DIVISION II Special Provisions Contractor s Schedule... SP 1 Contractor s QA/QC Plan... SP 5 Insurance Requirements... SP 7 Permits... SP 11 Contractor s Quality Control Survey Plan... SP 13 Submittals and Certifications... SP 15 Certified Payrolls... SP 17 Progress Meetings... SP 21 Record Documents... SP 23 Phasing, Duration, and Liquidated Damages... SP 25 Safety and Security... SP 27 Protection of Airport, Cables, Controls, and NAVAIDS... SP 37 Temporary Utilities... SP 39 Administrative Policies and Procedures... SP 41

5 PART C TECHNICAL SPECIFICATIONS ITEM G 100 ITEM M 100 ITEM P 151 ITEM P 160 ITEM P 600 Mobilization/Demobilization... G Airport Safety and Security... M Clearing and Grubbing... P Grading... P Herbicide... P 600 1

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7 PART A BID AND CONTRACT DOCUMENTS

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9 PART A DIVISION I ADVERTISEMENT AND INFORMATION FOR BIDS

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11 ADVERTISEMENT FOR BIDS NOTICE IS HEREBY GIVEN that sealed bids for the REHABILITATE UNPAVED RUNWAYS 2017 project will be received by the Nye County Finance Department at 2101 E. Calvada Blvd., Suite 200, Pahrump, Nevada until 11:15 A.M., local time, March 9, 2017, and then said bids will be publicly opened and read aloud. The proposed work includes the application of a post emergent herbicide to Runway 9/27 and 16/34 Runway Safety Areas (RSA) and the existing drainage ditches along each side of the runways; clearing of objects and vegetation within the RSA and Object Free Areas (OFA); scarification, moisture conditioning, and re grading of runways to remove humps and depressions greater than 0.10 ft.; re grading drainage ditches; and the existing 18 inch corrugated metal pipe (CMP) culvert and end sections shall be cleared of sediment and debris. Upon completion of grading operations, a pre emergent herbicide shall be applied to the graded areas. Post and Pre emergent shall be applied to and vegetation and objects removed from the Segmented Circle and Taxiway. Each bid shall be in accordance with the CONTRACT DOCUMENTS, which may be examined at the following locations: ATKINS, Professional Circle, Suite 102, Reno, NV Nye County Finance Dept., 2101 E. Calvada Blvd., Suite 200, Pahrump, Nevada Nye County Public Works, 250 North Highway 160, Pahrump, NV Nevada Blue Plan Room, 9738 S. Virginia Street, Suite D, Reno, NV Sierra Contractor s Source, 860 Maestro Drive, Suite B, Reno, NV Rick s AEC Reprographics, 488 Kietzke Lane, Reno, NV Sierra Plan Room, 3111 S. Valley View Boulevard, Las Vegas, NV Construction Notebook, 3131 Meade Avenue, Suite B, Las Vegas, NV Dodge Data & Analytics available online at Construction Market Data available on line at Copies of the CONTRACT DOCUMENTS may be purchased at ATKINS Reno office, Professional Circle, Suite 102, Reno, NV 89521, telephone: (775) , for Thirty Dollars ($30.00) per set (non refundable). Electronic files are available at no cost. Bid Proposals shall be made upon the forms provided within Part A, Division II of these documents. Each bidder shall provide all the information required by the Bid Documents. Each bidder shall submit one original (County) and one copy (Engineer) of the Bid Proposal in the same sealed envelope. The sealed envelope shall bear on the outside the bidder s name, address, and license number and be marked as follows: Bid For: GABBS AIRPORT REHABILITATE UNPAVED RUNWAYS 2017 AIP No ~ PWP NY AI 1 Rehabilitate Unpaved Runways 2017

12 All proposals shall be in the office of the Nye County Finance Department by 11:15 a.m., local time, March 9, All proposals shall be addressed and delivered to: Nye County Finance Department 2101 E. Calvada Blvd., Suite 200 Pahrump, Nevada Bid Proposals shall be made upon the forms provided with these documents. Only the bid proposal contained within Part A, Division II of these documents will need to be submitted. There is no requirement to submit the entire set of Contract Documents and Technical Specifications. The successful bidder shall file with the Nye County at the time of execution of the Contract, a Performance Bond, in an amount of not less than 100 percent of the Contract price and a Labor and Materials Bond, in an amount of not less than 100 percent of the contract price, with a surety or sureties company(s) authorized and licensed to do business in the State of Nevada in accordance with the laws and statutes of the State of Nevada providing for bonds for public works. After the bids have been opened and declared, no bid shall be withdrawn except with the approval of Nye County and each shall be subject to acceptance by Nye County for a period of one hundred twenty (120) days after the opening date. There is limited funding for this project and the Owner reserves the right to reject any or all bids and to waive any informality in such bids. The Owner reserves the right to reject all bids if no bids are within the funding limit. Should the Owner decide to award the contract, no adjustments will be made to the lump sum and/or unit prices due to escalation of fuel prices regardless of when the contract is awarded or when the work is performed. The work shall be completed within a total contract period of Twenty Eight (28) calendar days All bids shall be subject to the following requirements: 1. All labor shall be paid no less than the minimum wage rates established by the U.S. Secretary of Labor (Davis Bacon) or the State of Nevada Prevailing Wage Rates, whichever is higher. 2. Nevada bidder preference Statute of the NRS is not applicable to this Project. 3. Each Proposal must be accompanied by a certified check, cashier s check, or bid bond payable to the Nye County in an amount not less than ten percent (10%) of the amount bid. The above mentioned cash, check or bond shall be given as a guarantee that the bidder will enter into the Contract if awarded to them, and will be declared forfeited if the successful bidder refuses to enter into said contract after being notified to do so by Nye County. 4. All bidders and their proposed subcontractors must at the time of the bid have a valid AI 2 Rehabilitate Unpaved Runways 2017

13 Nevada Contractor s License. The value of the proposed Contract may not exceed the limit on the license. 5. The State Contractor s Board has determined that the bidder must have an A General Engineering or an AB General Engineering and General Building license to act as the prime contractor on the project. 6. Each bidder must complete, sign and furnish, the Assurance of Disadvantaged Business Enterprise Participation and Small Business Enterprise Participation form including the accompanying list, the Bidders Statement on Previous Contracts Subject to EEO Clause, the Buy American Certificate, the Certification of Non segregated Facilities, and the Designation of Subcontractors, Service Providers, and/or Material Suppliers as contained in the Bid Proposal. 7. There is no Pre Bid meeting for this project. 8. Each bidder shall furnish satisfactory evidence of his/her competency to perform the proposed work at least 3 days prior to the bid opening. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder s past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility shall consist of a confidential statement or report of the bidder s financial resources and liabilities as of the last calendar year or the Contractor s last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder s financial responsibility has changed, the bidder shall qualify the public accountant s statement or report to reflect his/her (bidders) true financial condition at the time such qualified statement or report is submitted to the owner. A bidder may submit evidence that he is pre qualified with the Nevada Department of Transportation and is on the current bidder s list of the Nevada Department of Transportation. Such evidence of prequalification with the Nevada Department of Transportation may be submitted as evidence of financial responsibility in lieu of the certified statements or reports required in the previous paragraph. Notice to Prospective Subcontractors of Requirements for the Certification of Non Segregated Facilities 1. A Certification of Non segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for forwarding the following notice to prospective subcontractors for supplies and construction contracts where the subcontract exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. 3. The penalty for making false statements in offers is prescribed in 18 U.S.C AI 3 Rehabilitate Unpaved Runways 2017

14 FEDERAL PROVISIONS This contract will be funded in part by a grant from the Federal Aviation Administration, therefore the requirements of Title 49 CFR Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Programs, applies to this contract. Nye County has not set a DBE participation contract goal for this project, however DBE participation is strongly encouraged. Nye County has not set a Small Business Enterprise (SBE) participation contract goal for this project, however SBE participation is strongly encouraged. All bidders are responsible for compliance with Federal requirements for preparation and submission of the proposal and the successful bidder shall be responsible for compliance with Federal Requirements in the Contract Agreement. Special notice is hereby given to the following Federal requirements: 1. Buy American Preference 2. Foreign Trade Restriction 3. Davis Bacon 4. Affirmative Action 5. Governmentwide Debarment and Suspension 6. Governmentwide Requirements for Drug free Workplace AI 4 Rehabilitate Unpaved Runways 2017

15 INFORMATION TO BIDDERS I. INTERPRETATION OF DRAWINGS AND DOCUMENTS. If any person contemplating submitting a Bid for the proposed Contract is in doubt as to the true meaning of any part of the drawings, Specifications, or other Contract Documents, or finds discrepancies in, or omissions from the drawings or Specifications, he may submit his questions or request for clarification to Atkins, (herein called the Engineer ), such that the Engineer receives said submittal not later than five (5) days before the date set for receipt of bids. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the Contract Documents will be made only by Addendum and will be mailed or delivered to each person receiving a set of such documents. Nye County, (herein called the Owner ), will not be responsible for any explanation or interpretation of the Contract Documents. II. III. PRE BID MEETING. There is no Pre Bid meeting for this project. The contractor is encouraged to visit the airport prior to submitting their bid. REQUIREMENTS FOR BIDS FOR AIP CONTRACTS 1. This contract is under and subject to Executive Order 11246, as amended, of September 24, 1965, the Federal Labor provisions and the Equal Employment Opportunity (EEO) provisions as contained in the contract, Specifications, and Bid Documents. 2. All mechanics and laborers on projects with a construction cost of $100,000 or greater shall be paid no less than the prevailing wage rate established by the U.S. Secretary of Labor or as set by the State of Nevada, whichever rates are higher. A copy of the Department of Labor Wage Rate Determination applicable to this contract and a copy of the Nevada wage rates are included in the Specifications. 3. Each bidder must complete, sign and furnish with his bid the statement entitled Bidders Statement on Previous Contracts Subject to EEO Clause, the statement entitled Certification of Non segregated Facilities, and Assurance of Minority Business Enterprise Participation. 4. Required Notices for All Contracts. a. The bidder (Contractor) must supply all the information required by the Proposal forms and Specifications. b. The appropriate sponsor, in accordance with Title VI of the Civil Rights Act of 1964, hereby notifies all bidders that they (bidders) must affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for award. 5. Required Notices for Contracts Over $10,000. The regulations and orders of the AI 5 Rehabilitate Unpaved Runways 2017

16 Secretary of Labor, Office of Federal Contract Compliance Programs (OFCCP) requires that the sponsor and/or his contractor(s) include in Invitation for Bids (IFB) or negotiations for contracts over $10,000 the following notices: a. Each bidder will be required to comply with the affirmative action plan for equal employment opportunity prescribed by the OFCCP, United States Department of Labor, Regulations of the Secretary of Labor (41 CRF 60), or by other designated trades used in the performance of the contract and other non federally involved contracts in the area geographically defined in the plan. b. The proposed contract is under and subject to Executive Order 11246, as amended, of September 24, 1965, and to the EEO clause; and c. The successful bidder will be required to submit a Certification of Nonsegregated Facilities prior to award of the Contract, and to notify prospective subcontractors of the requirement for such a certification where the subcontract exceeds $10,000. Samples of the certification and the notice to subcontractors appear in the Specifications. d. A bidder must indicate whether he has previously had a contract subject to the EEO clause, whether he has filed all report forms required in such contract, and if not, a compliance report (Standard Form SF 100) must be submitted with his bid. e. EEO and labor provisions, when applicable, are included in the bidding documents of Specifications and are available for inspection at the GABBS AIRPORT. f. Contractors and Subcontractors may satisfy requirements of the EEO contract clause by stating in all solicitations or advertisements for employees that: All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. Or by using a single advertisement in which appears in clearly distinguished type, the phrase: An equal opportunity employer. 6. Required Notice for Contracts with 50 or More Employees and a Contract of $50,000 or More. In the Invitation for Bids relating to contracts of $50,000 or more, the sponsor shall give notice that a contractor having 50 or more employees and first tier subcontractors having 50 or more employees and who may be awarded a subcontract of $50,000 or more will, within 120 days from contract commencement, be required to develop a written Affirmative Action Compliance Program for each of its establishments (state and local governments are exempt). Invitation for Bids shall also include the following: AI 6 Rehabilitate Unpaved Runways 2017

17 a. Prior to award of the contract, the Contractor must file a Compliance Report (SF100) if the Contractor has not submitted a complete Compliance Report within 12 months preceding the date of award. b. State and local governments are exempt from the requirements of filing an annual Compliance Report (SF 100). c. The Contractor shall require the subcontractor on any first tier subcontracts to file a SF 100 prior to award of the subcontract if the above conditions apply. A SF 100 will be furnished upon request. The SF 100 is normally furnished contractors annually, based on a mailing list currently maintained by the Joint Reporting Committee. In the event a Contractor has not received the form, he may obtain it by writing to the following address: Joint Reporting Committee 1800 G Street, N.W. Washington, D.C Required Notice for Contracts in Excess of $100,000. The requirement for a bid guarantee from each bidder is equivalent to ten percent (10%) of the bid price. The bid guarantee shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. 8. Bonding Clauses for Construction Contracts and Subcontracts in Excess of $100, The Contractor agrees to furnish a performance bond for one hundred percent (100%) of the contract price. This bond is one that is executed in connection with a contract to secure fulfillment of all the Contractor s obligations under such contract. 2. The Contractor agrees to furnish a payment bond for one hundred percent (100%) of the contract price. This bond is one that is executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. Note: For contracts $100,000 and less, local requirement should be met. 9. Notice to Prospective Contractors and Subcontractors of Requirement for Certification of Non segregated Facilities: 1. A certification of Non segregated Facilities must be submitted prior to the award of a federally assisted construction contract exceeding $10,000 which is not exempt from the provisions of the EEO clause. 2. Contractors receiving federally assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the EEO clause will be AI 7 Rehabilitate Unpaved Runways 2017

18 required to provide for the forwarding of the notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the EEO clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C Clean Air and Water Pollution Control Requirements for All Construction Contracts and Subcontracts Exceeding $100,000. Contractors and Subcontractors agree: a. That any facility to be used in the performance of the contract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities. b. To comply with all the requirements of Section 114 of the Clean Air Act, and Section 308 of the Federal Water Pollution Control Act, and all regulations issued there under. c. That as a condition for award of a contract they will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities. d. To include or cause to be included in any contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. 11. Buy American Steel and Manufactured Products for Construction Contracts. a. The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: 1) Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs b. (1) or (2) shall be treated as domestic. 2) Components. As used in this clause, components mean those articles, materials, and supplies incorporated directly into steel and manufactured products. 3) Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. b. The successful bidder will be required to assure that only domestic steel and AI 8 Rehabilitate Unpaved Runways 2017

19 manufactured products will be used by the Contractor, subcontractors, material men, and suppliers in the performance of this contract, except those That the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; That the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or That the inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. IV. SITE RESTRICTIONS AND SAFETY ON AIRPORT DURING CONSTRUCTION ACTIVITY. A. Construction Activity and Aircraft Movements. During the time that the Contractor is performing the work, the airport will be open. Should aprons, runways or taxiways be required for use of aircraft, and should the Engineer deem the Contractor to be too close to the portion used by aircraft for safety, he may in his sole discretion, order the Contractor to suspend his operations, remove his personnel, plant, equipment, and materials to a safe distance and stand by until the runway and taxiways are no longer required for use by aircraft. B. Limitations on Construction. The following restrictions shall pertain at all times, both for activity at air carrier and general aviation airports. In cases where it has been determined that the following restrictions do not apply, similar requirements shall be developed on a case by case basis. 1. When construction work is being accomplished adjacent to an active runway during visual flight rules (VFR weather conditions), equipment shall not be permitted to penetrate a 7:1 slope, originating 125 feet from the active runway centerline. 2. All work which is too close to the runway for accomplishment during VFR conditions (Item A above) shall be performed during periods when the runway is not in use. (Ref. NOTAM requirements paragraph 5). 3. When construction work is being accomplished adjacent to an active runway during VFR weather conditions, equipment below the VFR 7:1 slope shall be obstruction marked and lighted. 4. Men, equipment, or other construction related material will be permitted in the approach or departure zones of active runways, provided that the construction activity is conducted below a 20:1 or 34:1 (where visibility minimum are below 3/4 mile) approach plane originating 200 feet from end AI 9 Rehabilitate Unpaved Runways 2017

20 of runway. Any construction activity which is contemplated in the approach zones which will violate these Plans will require special consideration (runway displacement, lighting, etc.). 5. Men, equipment or other construction related material, will not be permitted closer than 200 feet from the centerline of any active runway. C. NOTAMS 1. The airport Owner (or operator) issues the necessary NOTAM s to reflect hazardous conditions. It is important that NOTAM s be kept current and reflect the actual condition with respect to construction situations. Active NOTAM s shall be reviewed periodically and revised to reflect the current conditions. 2. Inspection. Frequent inspections may be made by the airport Owner (or operator) during critical phases of the work to ensure that the Contractor is following the recommended safety procedures. D. Permissible Deviations. The provisions of this Order are required for each bidding document subject to FAA approval under FAR 152 and AIP. Deviations from this requirement will require special consideration on a case by case basis. The AIP project file shall incorporate the necessary documentation substantiating the requested deviations. V. INSURANCE Bidder s attention is called to Part B, Division II, Special Provisions, Section 3 for insurance requirements. VI. FAILURE TO COMPLETE ON TIME Time is of the essence hereof. For each calendar day or working day, as specified in the CONTRACT (28 calendar days total), that any work remains uncompleted after the CONTRACT time indicated in Special Provision No. 10, including all extensions and adjustments as provided in Section 80 7 DETERMINATION AND EXTENSION OF CONTRACT TIME of Division I, General Provisions of the Specifications), it is understood that OWNER will suffer damage; and it being impracticable and infeasible to determine the amount of actual damage, it is agreed that CONTRACTOR shall pay the OWNER as fixed and liquidated damages, and not as penalty, the sums indicated in Special Provision No. 10 for each calendar day of delay until the Work is completed and accepted, and CONTRACTOR and his surety shall be liable for the amount thereof; and the OWNER may deduct said sums from any money due or that may become due CONTRACTOR; provided, however, that CONTRACTOR shall not be charged liquidated damages because of any delays in the completion of Work due to unforeseeable causes beyond the control and without the AI 10 Rehabilitate Unpaved Runways 2017

21 fault of negligence of CONTRACTOR (including, but not restricted to, Acts of God or of the public enemy, acts of the Government, acts of OWNER, fires, floods, epidemics, quarantine restrictions, strikes, and freight embargoes). CONTRACTOR shall, within ten (10) days from the beginning of any such delay, notify OWNER in writing of the cause of the delay; whereupon OWNER shall ascertain the facts and the extent of the delay and extend the time for completing the Work when in his judgment the findings of fact justify such an extension. Owner s findings of fact thereon shall be final and conclusive on the parties hereto. Permitting the CONTRACTOR to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a waiver on the part of the OWNER of any of his rights under the CONTRACT. VII. NEVADA CONTRACTORS LICENSE The validity of the license of the three apparent low bidders will be checked before the Notice of Award is issued. The bid bond of any apparent low bidder who does not have a valid Nevada Contractors License will be forfeited to the Owner and the bidder will be disqualified. All subcontractors or lower tier contractors will be required to have a valid Nevada Contractor s License before they may do any work on the project. Material suppliers are not required to have a contractor s license. VIII. SITE INVESTIGATION Each bidder should inspect the site before submitting his bid. No allowance will be made for unusual surface or subsurface conditions in the Specifications and the CONTRACTOR shall not make any claims for unusual surface or subsurface conditions discovered during construction. The ENGINEER has not conducted a geotechnical investigation for this project. IX. METHOD OF AWARD A. The Owner will award the Contract on the basis of the Bid or Bids most advantageous to the Owner, and will do so pursuant to the laws of the State of Nevada. In determining whether a Bid is most advantageous, in addition to price, the Owner may consider the following: 1. The ability, capacity, and skill of the Bidder to perform the Contract or provide the service indicated; 2. Whether the Bidder can perform the Contract or provide the service AI 11 Rehabilitate Unpaved Runways 2017

22 promptly, and within the time specified without delay or interference; 3. The character, integrity, reputation, judgment, experience, and efficiency of the Bidder; 4. The quality of performance on previous contracts; 5. The previous compliance with laws and ordinances by the Bidder; 6. The financial responsibility of the Bidder to perform under the Contract or provide the service; 7. The limitations of any license the Bidder may be required to possess; 8. The quality, availability, and adaptability of the product or service; 9. The effect of the construction on airport operations. X. PREQUALIFICATION OF BIDDERS Prequalification of Bidders under paragraph 20 02, Section 20 on page BI 5 of the Federal General Provisions will be used. Each bidder shall furnish the Owner satisfactory evidence of his/her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder s past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder s financial resources and liabilities as of the last calendar year or the Contractor s last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder s financial responsibility has changed, the bidder shall qualify the public accountant s statement or report to reflect his/her (bidders) true financial condition at the time such qualified statement or report is submitted to the owner. Unless otherwise specified, a bidder may submit evidence that he is pre qualified with the State Highway Division and is on the current bidder s list of the state in which the proposed work is located. Such evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports hereinbefore specified. Each bidder shall submit evidence of competency and evidence of financial responsibility to the owner no later than 3 days prior to the specified date for opening bids. XI. IDENTIFICATION OF APPARENT LOW BID / BID PROTESTS AI 12 Rehabilitate Unpaved Runways 2017

23 After all bids are opened and publicly announced, the Engineer will review the bids and then produce a tabulation of bids which will identify the apparent low bid. The Engineer will prepare a written recommendation to award the bid, which will be distributed to the Owner and all bidders along with the tabulation of bids. Pursuant to Nevada Revised Statutes and modified herein, a bid protest period shall commence immediately upon distribution of the bid tabulation and the Engineer s recommendation to award, during which time any interested person or entity may file a protest in accordance with the directions below with respect to that recommended bid, or to any other bid submitted, and/or with respect to the qualifications or responsibility of the apparent low bidder, or of any other bidder. This bid protest period shall expire at 5:00 P.M., March 17, After expiration of the bid protest period, the Owner may, in its discretion: 1) award a contract notwithstanding the filing of a bid protest; 2) refrain from awarding a contract pending resolution of any or all bid protests; or, 3) otherwise proceed as it deems appropriate, including without limit rejecting all bids received. To be considered, a bid protest must: 1) be in writing, identify the person or entity making the protest, and specify the nature of the protest; 2) post a bond to Nye County in an amount equal to the lesser of ten percent (10%) of the bid or twenty five thousand dollars ($25,000); 3) be received by the Nye County Public Works Department before the bid protest deadline by mail or hand delivery to 250 North Highway 160, Suite #2, Pahrump NV, or by facsimile (fax) to The protest procedure described herein must be pursued and exhausted before any person or entity may commence litigation against Nye County, or any of its officers, agents, or employees related to or arising out of the award of a contract for the Project to a bidder whose winning bid could have been the subject of a protest as outlined above. During the bid protest period, Public Works personnel will also investigate whether the apparent low bidder, and such other bidders as it feels is appropriate, appears to be a responsive bidder. This determination will be based on the bid proposal and on such other relevant information as is available. Public Works personnel will make a recommendation to the Board of County Commissioners based on its investigation. The Board of County Commissioners will make a final determination as to qualifications of the apparent low bidder before awarding a contract for the project. If the proposed award of the contract is changed by the Board of County Commissioners as a result of the protest, the bond will be returned to the protestor and a new recommendation to award will be issued to the unsuccessful bidders. Within five (5) business days after issuance of the new recommendation to award, bidders may again protest as described above. Only protests concerning issues of fact or law relating to the new recommendation which were not previously evident may be submitted. If the proposed award of the contract is not changed by the Board of County Commissioners as a result of the protest, the cost associated with the investigation and research of the protest will be deducted from the bond amount and the remainder will AI 13 Rehabilitate Unpaved Runways 2017

24 be returned to the protestor XI. MISCELLANEOUS INFORMATION XII. 1. Bid proposals are due to the Nye County Purchasing Dept. by 11:15 a.m., PST, March 9, 2017 and then said bids will be publically opened and read out loud. The bid opening will be at the Nye County Finance Department, 2101 E. Calvada Blvd., Suite 200, Pahrump, Nevada Per NRS, the general contractor on the project must perform 51% or more of the work. 3. The Contractor that will be applying the herbicide shall have a C6 License with the Nevada Department of Agriculture; a certificate to perform this work will not be accepted. Failure of the bidder to provide a C6 licensed Contractor/person to apply herbicide at the time of the bid will result in the rejection of the bid submittal. FEDERAL REQUIREMENTS This contract will be funded in part by a grant from the Federal Aviation Administration, therefore the requirements of Title 49 CFR Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Programs, applies to this contract. Nye County has not set a DBE participation contract goal for this project, however DBE participation is strongly encouraged. Nye County has not set a Small Business Enterprise (SBE) participation contract goal for this project, however SBE participation is strongly encouraged. All bidders are responsible for compliance with Federal requirements for preparation and submission of the proposal and the successful bidder shall be responsible for compliance with Federal Requirements in the Contract Agreement. Special notice is hereby given to the following Federal requirements: 1. Buy American Certificate 2. Foreign Trade Restriction 3. Davis Bacon 4. Affirmative Action 5. Governmentwide Debarment and Suspension 6. Governmentwide Requirements for Drug free Workplace 7. Nonsegregated Facilities Requirement 8. Equal Opportunity Clause and Specifications NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 41 CFR PART The Offeror's or Bidder s attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. AI 14 Rehabilitate Unpaved Runways 2017

25 2. The goals and timetables 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: Timetables Goals for minority participation for each trade (Vol. 45 Federal Register pg /3/80) Goals for female participation in each trade (6.9%) These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its Federally involved and nonfederally involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60 4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR (a), and its efforts to meet the goals. The hours of minority and female employment and training shall be substantially uniform throughout the length of the contract, and in each trade, and 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, the Executive Order, and the regulations in 41 CFR Part Compliance with the goals will be measured against the total work hours performed. 3. The contractor shall provide written notification to the Director, OFCCP, within 10 working days of 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 name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is Nye County, Nevada. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS 41 CFR Part As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. AI 15 Rehabilitate Unpaved Runways 2017

26 Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR ) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. AI 16 Rehabilitate Unpaved Runways 2017

27 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order or the regulations promulgated pursuant thereto. 6. In order for the non working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off the street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. AI 17 Rehabilitate Unpaved Runways 2017

28 e. Develop on the job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. AI 18 Rehabilitate Unpaved Runways 2017