AtkinsRéalis - Sensitive / Sensible [FR]

NYE COUNTY, NEVADA

CONTRACT DOCUMENTS

and

TECHNICAL SPECIFICATIONS

for the

TONOPAH AIRPORT (TPH)

APRON RECONSTRUCTION

BID PACKAGE SUBMITTAL

6/4/2026

FAA AIP No. 3-32-0019-___-2026

Prepared by

10509 Professional Circle, Suite 103

Reno, Nevada 89521 Phone 775-828-1622

Page Intentionally Blank

TABLE OF CONTENTS

PART A - BID AND CONTRACT DOCUMENTS

Division I – Notice Inviting Sealed Bid Proposals

Notice Inviting Sealed Bid Proposals ........................................................................... AI-1 Information to Bidders .................................................................................................. AI-5

Division II - Bid Proposal

Proposal Form ............................................................................................................... AII-1 Bid Schedule ................................................................................................................. AII-2 Bidder Affidavit .......................................................................................................... AII-13 Acknowledgement of Addenda................................................................................... AII-14 Assurance of Disadvantaged Business Enterprise Participation and Small Business Enterprise Participation ...................................................... AII-15 Bidder’s Statement on Previous Contracts Subject to EEO Clause ........................... AII-17 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion...................................................................................... AII-18 Trade Restriction Clause ............................................................................................. AII-18 Buy American Certificate ........................................................................................... AII-20 Certification of Nonsegregated Facilities ................................................................... AII-22 Notice to Prospective Contractors of Requirements for Certification of Nonsegregated Facilities ............................................................ AII-23 Designation of Subcontractors, Service Providers, and/or Material Suppliers .................................................................................... AII-24 Contractor’s Schedule ................................................................................................. AII-26 Bid Bond Form .......................................................................................................... AII-27 Bidder Prequalification (NDOT) ................................................................................ AII-28

Division III - Contract Documents

Notice of Award ......................................................................................................... AIII-1 Contract Agreement ................................................................................................... AIII-3 Performance Bond ..................................................................................................... AIII-9 Labor and Materials Bond ....................................................................................... AIII-11 Notice to Proceed ..................................................................................................... AIII-13 Federal Requirements for Construction Contracts ................................................... AIII-15 Access to Records and Reports ................................................................................ AIII-17 Affirmative Action Requirement .............................................................................. AIII-17 Breach of Contract Terms ........................................................................................ AIII-18 Buy American Preference ........................................................................................ AIII-18 Certificate of Buy American Compliance for Manufactured Products .................... AIII-19 General Civil Rights Provisions ............................................................................... AIII-21 Civil Rights – Title VI Assurances .......................................................................... AIII-21

Clean Air and Water Pollution Control ................................................................... AIII-22 Contract Workhours and Safety Standards Act Requirements ................................ AIII-22 Copeland “Antikickback” Act ................................................................................. AIII-23 Davis Bacon Requirements ....................................................................................... AIII-24 Certification of Offerer/Bidder Regarding Debarment ............................................. AIII-30 Certificate of Lower Tier Contractors Regarding Debarment .................................. AIII-30 Disadvantaged Business Enterprise .......................................................................... AIII-31 Texting When Driving ............................................................................................. AIII-31 Equal Opportunity Clause and Specifications .......................................................... AIII-32 Standard Federal EEO Construction Contract Specifications .................................... AII-34 Federal Fair Labor Standards Act ............................................................................. AIII-39 Certificate Regarding Lobbying ................................................................................. AII-39 Prohibition of Segregated Facilities ............................................................................ AII-40 Occupational Safety and Health Act of 1970 ........................................................... AIII-40 Procurement of Recovered Materials........................................................................ AIII-40 Rights to Inventions ................................................................................................. AIII-41 Certificate of Offerer/Bidder Regarding Tax Delinquency and Felony Convictions AIII-41 Termination of Contract ............................................................................................ AIII-42 Trade Restriction Clause .......................................................................................... AIII-44 Veteran’s Preference ................................................................................................. AIII-45 State Wage Rates ...................................................................................................... AIII-46

PART B - CONTRACT PROVISIONS

DIVISION I - Federal General Provisions

Section 10 - Definition of Terms................................................................................ BI-1 Section 20 - Proposal Requirements and Conditions ................................................. BI-9 Section 30 - Award and Execution of Contract ........................................................ BI-13 Section 40 - Scope of Work ..................................................................................... BI-15 Section 50 - Control of Work ................................................................................... BI-18 Section 60 - Control of Materials ............................................................................. BI-23 Section 70 - Legal Relations and Responsibility to Public ...................................... BI-26 Section 80 - Execution and Progress ........................................................................ BI-32 Section 90 - Measurement and Payment .................................................................. BI-37

DIVISION II – Special Provisions

S.P. No. 1 - Contractor’s Schedule ............................................................................... SP-1 S.P. No. 2 - Insurance Requirements ............................................................................ SP-4 S.P. No. 3 - Permits and Licenses .................................................................................. SP-7 S.P. No. 4 - Submittals and Certifications .................................................................... SP-8 S.P. No. 5 - Certified Payrolls ....................................................................................... SP-9 S.P. No. 6 - Progress Meetings ................................................................................... SP-11 S.P. No. 7 - Record Documents .................................................................................. SP-13 S.P. No. 8 - Phasing, Duration, and Liquidated Damages .......................................... SP-14 S.P. No. 9 - Protection of Airport, Cables, Controls, and NAVAIDS ........................ SP-15

S.P. No. 10 - Temporary Utilities ............................................................................... SP-16 S.P. No. 11 - Administrative Policies and Procedures ................................................ SP-17 S.P. No. 12 - Construction Safety and Phasing Plan ................................................... SP-18

PART C - TECHNICAL SPECIFICATIONS (N/A)

ITEM C-105 Mobilization/Demobilization ...............................................................C-105 ITEM C-115 Airport Safety and Security ................................................................C-115 ITEM P-101 Preparation/Removal of Existing Pavements....................................... P-101 ITEM P-605 Joint Sealants for Pavements ............................................................... P-605 ITEM P-608 Emulsified Asphalt Seal Coat .............................................................. P-608 ITEM P-620 Runway and Taxiway Marking ............................................................ P-620

PART A

BID AND CONTRACT DOCUMENTS

DIVISION I

NOTICE INVITING SEALED BID

PROPOSALS

AND

INFORMATION TO BIDDERS

APRON RECONSTRUCTION CONTRACT DOCUMENTS

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NOTICE INVITING SEALED BID PROPOSALS

NOTICE IS HEREBY GIVEN that sealed bids for the Tonopah Airport Apron Reconstruction project will be received by Nye County at Nye County Purchasing Division, 101 Radar Road, P.O. Box 3999, Tonopah, NV 89049 until 2:00 P.M., local time, July 23rd, 2026, and then said bids will be publicly opened and read aloud.

The Tonopah Airport is an airport with two runways, runway 11-29 and runway 15-33. It also contains taxiways A and B. This project consists of work on the apron. The scope of work includes the full depth pavement removal, repaving, and remarking of the apron.

Each bid shall be in accordance with the CONTRACT DOCUMENTS, which may be examined at the following location: www.nyecountynv.gov/Bids.aspx. Electronic files are available for free.

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 of the Bid Proposal in the same sealed envelope. A digital copy of the Response may also be provided on a USB drive with the original bid form and all requested attachments, unless otherwise specified. No responsibility will attach to the COUNTY should the original document and the USB Drive documents not be the same. The sealed envelope shall bear on the outside the bidder’s name, address, and license number and be marked as follows:

Bid For:

PWP-NY-2026-411

Bid No. 2026-06

Tonopah Airport

Apron Reconstruction

AIP No. 3-32-0019-___-2026

All proposals shall be in the office of Nye County by 2:00 p.m., local time, July 23rd, 2026. All proposals shall be addressed and delivered to:

Nye County Purchasing Division

101 Radar Road

P.O. Box 3999

Tonopah, NV 89049

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.

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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 100 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 § 338.147 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 Nevada Contractor’s License. The value of the proposed Contract may not exceed the limit on the license.

5. In order to act as the prime contractor on this project, the contractor must have a valid Nevada Contractors License.

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 will not be a pre-bid meeting held 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

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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.

CIVIL RIGHTS

The General Civil Rights Provisions found in 49 USC § 47123, derived from the Airport and Airway Improvement Act of 1982, Section 520, apply to all AIP funded projects.

Title VI Solicitation Notice: Nye County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, that disadvantaged business enterprises will be afforded full and fair 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 an award.

Notice of Non-Segregated Facilities

Notice to Prospective Contractors for Federally Assisted Construction Contracts

1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a federally-assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause.

2. Contractors receiving federally-assisted construction contract 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. § 1001.

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. § 1001.

FEDERAL PROVISIONS

This contract will be funded in part by a grant from the Federal Aviation Administration, therefore

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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

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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 Nye County, attention Honey Strozzi at hstrozzi@nyecountynv.gov, such that the County receives said submittal not later than ten

(10) calendar 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 uploaded to Nye County’s website at https://nyecountynv.gov/bids.aspx. Nye County, (herein called the “Owner”), will not be responsible for any explanation or interpretation of the Contract Documents outside of the formal addendum process. Addendums will be posted within three (3) calendar days of bid opening.

II. PRE-BID MEETING

There will be no pre-bid meeting held for this project.

III. 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 (proposer) 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 ensure 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 Secretary of Labor, Office of Federal Contract Compliance Programs (OFCCP)

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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 Non-segregated 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 Nye County Public Works Department.

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:

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.

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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. 20506

7. Required Notice for Contracts in Excess of $100,000 the requirement for a bid guarantee from each bidder. 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 $100,000.

1. The Contractor agrees to furnish a performance bond for 100 percent 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 labor and materials bond for 100 percent 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 for $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 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. 1001.

10. Clean Air and Water Pollution Control Requirements for All Construction Contracts and

Subcontracts Exceeding $100,000.

Contractors and Subcontractors agree:

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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 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

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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 250 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 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

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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 (40 calendar days total), that any work remains uncompleted after the CONTRACT time indicated in Special Provision No. 8, 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 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

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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 and service providers 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.

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 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.

B. 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.

X. PREQUALIFICATION OF BIDDERS

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Prequalification of Bidders under paragraph 20-02, Section 20 on page BI-9 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 at the time of bid opening.

XI. IDENTIFICATION OF APPARENT LOW BID / BID PROTESTS

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. When the bids are in excess of $250,000, which is anticipated for this project, NRS 338.1389 Contract for public work for which estimated cost exceeds $250,000 must be awarded to contractor who submits best bid; certain bids deemed best bid; eligibility to receive preference in bidding; issuance of certificate of eligibility by State Contractors’ Board; regulations; fees; sanctions;

objections will apply.

Pursuant to NRS 338.142 Notice of protest of award of contract: Period for filing;

contents; posting and disposition of bond or security; stay of action; immunity of public body from liability to bidder, the following will apply.

1. A person who bids on a contract may file a notice of protest regarding the awarding of the contract with the authorized representative designated by the public body within 5 business days after the date the recommendation to award a contract is issued by the public body or its authorized representative.

2. The notice of protest must include a written statement setting forth with specificity

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the reasons the person filing the notice believes the applicable provisions of law were violated.

3. A person filing a notice of protest may be required by the public body or its authorized representative, at the time the notice of protest is filed, to post a bond with a good and solvent surety authorized to do business in this state or submit other security, in a form approved by the public body, to the public body who shall hold the bond or other security until a determination is made on the protest. A bond posted or other security submitted with a notice of protest must be in an amount equal to the lesser of:

a) Twenty-five percent of the total value of the bid submitted by the person filing the notice of protest; or

b) Two hundred fifty thousand dollars.

4. A notice of protest filed in accordance with the provisions of this section operates as a stay of action in relation to the awarding of any contract until a determination is made by the public body on the protest.

5. A person who makes an unsuccessful bid may not seek any type of judicial intervention until the public body has made a determination on the protest and awarded the contract.

6. Neither a public body nor any authorized representative of the public body is liable for any costs, expenses, attorney’s fees, loss of income or other damages sustained by a person who makes a bid, whether or not the person files a notice of protest pursuant to this section.

7. If the protest is upheld, the bond posted or other security submitted with the notice of protest must be returned to the person who posted the bond or submitted the security. If the protest is rejected, a claim may be made against the bond or other security by the public body in an amount equal to the expenses incurred by the public body because of the unsuccessful protest. Any money remaining after the claim has been satisfied must be returned to the person who posted the bond or submitted the security.

XII. MISCELLANEOUS INFORMATION

Bid proposals are due to Nye County by the time and date on page AI-1 and then said bids will be publicly opened and read out loud. The bid opening will be at Nye County Finance Department, 101 Radar Rd., Tonopah, Nevada 89049.

Per NRS, the general contractor on the project must perform 51% or more of the work.

XIII. 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

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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

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NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION - 41 CFR

PART 60-2

1. 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.

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. 65984 10/3/80) 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 non-federally 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 60-4.3(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 60-4. 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.

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STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

CONSTRUCTION CONTRACT SPECIFICATIONS - 41 CFR Part 60.4.3

1. 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. 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 60-4.5) 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…