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To Design and Construct the Project Neon Design-Build Project Through a Design-Build Contract

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To Design and Construct the Project Neon Design-Build Project Through a Design-Build Contract REQUEST FOR PROPOSALS (RFP) RFP Number: 001-15-015 To Design and Construct The Project Neon Design-Build Project through a Design-Build Contract Volume II Contract Appendices 1263 South Stewart Street, Room 101 Carson City, NV 89712 Attention: Mark Stewart Phone: (775) 888-7101 ext. 2124 Fax: (775) 888-7101 Dated as of November 9, 2015 APPENDIX 1 ABBREVIATIONS AND DEFINITIONS [Provided Separately] Nevada Department of Transportation Appendix 1 RFP Number: 001-15-015 Project Neon Design-Build Project Page 1 of 1 Design-Build Contract Appendices Execution Version Abbreviations and Definitions APPENDIX 2 DEPARTMENT-PROVIDED APPROVALS 1. Final Environmental Impact Statement and Section 4(f) Evaluation; I-15 Corridor Improvements and Local Arterial Improvements; Project NEON; Clark County, Las Vegas, Nevada; NDOT Project I.D. 73457E1P; FHWA-NV-EIS-09-01-F (May 28, 2010) 2. Record of Decision; For Environmental Impact Statement and Section 4(f) Evaluation Study; I-15 Corridor Improvements and Local Arterial Improvements; Project NEON; Clark County, Las Vegas, Nevada; NDOT Project I.D. 73457E1P; FHWA-NV-EIS-09- 01-F (October 21, 2010) 3. Environmental Impact Statement Reevaluation (Number 1); Project Name: Project NEON; Project Location: Las Vegas, Clark County (I-15 from Sahara to Spaghetti Bowl) Project Identification Numbers: Nevada Department of Transportation (NDOT) Project ID Number: 73457E1P; FHWA Project ID Number: FHWA-NV-EIS-09-01-F; Document Type and Approval Date: Final Environmental Impact Statement and Section 4(f) Evaluation: May 28, 2010; Record of Decision (ROD): October 21, 2010; Reevaluation: The first reevaluation was approved on August 29, 2012. Date of Last FHWA Major Approval Action: PE and ROW authorizations for 015- 1(147) on October 22, 2010 and January 20, 2011. 4. Environmental Impact Statement Reevaluation (Number 2); Project Name: Project NEON; Project Location: Las Vegas, Clark County (I-15 from Sahara to Spaghetti Bowl) Project Identification Numbers: Nevada Department of Transportation (NDOT) Project ID Number: 73457E1P; FHWA Project ID Number: FHWA-NV-EIS-09-01-F; Document Type and Approval Date: Final Environmental Impact Statement and Section 4(f) Evaluation: May 28, 2010; Record of Decision (ROD): October 21, 2010; Reevaluation #1 for Project NEON (August 29, 2012) Reevaluation #2 for Project NEON (August 21, 2015). Date of Last FHWA Major Approval Action: PE and ROW authorizations for 015- 1(147) on October 22, 2010 and January 20, 2011. 5. UPRR Construction & Maintenance Agreements with the Department (Date Pending). 6. UPRR Construction & Maintenance Agreements with the City of Las Vegas (Date Pending). 7. Before the Public Utilities Commission of Nevada, Application to Construct, Alter, or Eliminate a Railroad Crossing (Date Pending). Nevada Department of Transportation Appendix 2 RFP Number: 001-15-015 Project Neon Design-Build Project Page 1 of 2 Design-Build Contract Appendices Execution Version Department-Provided Approvals Application to the Nevada Public Utilities Commission for the Modification for of Existing Bridges (Date Pending). Nevada Department of Transportation Appendix 2 RFP Number: 001-15-015 Project Neon Design-Build Project Page 2 of 2 Design-Build Contract Appendices Execution Version Department-Provided Approvals APPENDIX 3 DEPARTMENT’S DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIAL PROVISIONS A. General 1. Capitalized terms used but not defined herein shall have the meanings set forth for said terms in Appendix 1 to the Contract. 2. The Department and Design-Builder (collectively, the “Parties”) recognize the importance of pursuing, inviting, and developing the participation of minority, women-owned, and small businesses in accordance with the Department’s DBE Program Plan and these DBE Special Provisions, as applicable. 3. Design-Builder shall not discriminate on the basis of race, color, national origin, or sex in the performance of the Contract, and shall not permit its Subcontractors to discriminate on the basis of race, color, national origin, or sex in the performance of their respective Subcontracts. Design-Builder shall comply with applicable requirements of 49 CFR Part 26 in the administration of the Contract and perform in a manner that will not result in a violation of the Contract, and shall cause its Subcontractors to do the same with respect to their respective Subcontracts. The Parties acknowledge that under the Contract, failure by Design-Builder and any of its Subcontractors, including lower tier Subcontractors, to carry out the requirements of the Contract is a material breach of the Contract, which may result in the termination of the Contract or such other remedy as set forth in and as outlined in 49 CFR §26.13. 4. Design-Builder shall hire and retain through the Final Acceptance Date a DBE/EEO compliance manager for the Project. The DBE/EEO compliance manager shall serve as Design-Builder’s primary point of contact for all DBE- and EEO-related matters in connection with the Contract. These DBE- and EEO-related matters include, but are not limited to: (a) coordinating Design-Builder’s DBE outreach and Good Faith Efforts, as defined in Section B of this Appendix 3; (b) management and updating Design-Builder’s DBE Performance Plan; (c) drafting and timely submitting to the Department the monthly report described in Section D of this Appendix 3; and (d) ensuring Design-Builder complies with applicable, federal DBE and EEO rules, regulations, and executive orders. Nevada Department of Transportation Appendix 3 RFP Number: 001-15-015 Project Neon Design-Build Project Page 1 of 8 Design-Build Contract Appendices Execution Version Department’s DBE Special Provisions B. Definitions Disadvantaged Business Enterprise or DBE means a for-profit small business concern: 1. that is at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which 51 percent of the stock is owned by one or more such individuals; 2. whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it; and 3. that is certified as a DBE by the Nevada Unified Certification Program (NUCP) board Good Faith Efforts means efforts to achieve the Project’s DBE Goal or other applicable requirements set forth in 49 CFR Part 26 using a variety of means and methods, taking all reasonably necessary steps which by their scope, intensity, and appropriateness to the objective, could reasonably be expected to achieve the DBE Goal. The Good Faith Efforts employed by Design-Builder and its Subcontractors shall be those that one could reasonably expect Design-Builder and its Contractors to take if they were actively and aggressively trying to obtain DBE participation on the Project sufficient to achieve the DBE Goal. For the avoidance of doubt, mere pro forma efforts are not Good Faith Efforts. In addition, Good Faith Efforts encompasses the guidance in 49 CFR, Appendix A to Part 26. C. Design and Construction (D&C) DBE Participation 1. Pursuant to 49 CFR Sections 26.51 and 26.53, the Department has set a DBE Goal for the Project of 3.5% of the Contract Price. 2. During the performance of its Work, and in efforts to achieve the DBE Goal, Design-Builder shall comply with the following: (a) at a minimum, each year, on a quarterly basis, commencing upon the Department’s approval of Design-Builder’s DBE Performance Plan and ending on the Final Acceptance Date, Design-Builder shall submit an updated DBE Performance Plan that meets the requirements set forth in Section 7.1.3 of the Contract, clearly tracks Design-Builder’s progress toward achieving the DBE Goal, and includes, for each DBE firm identified in the updated DBE Performance Plan, a Commercial Useful Function (“CUF”) Form in the form of Attachment A to these DBE Special Provisions as specified in Section F. (b) Design-Builder shall dedicate sufficient resources to implement the DBE Performance Plan, and updates thereto, to ensure compliance Nevada Department of Transportation Appendix 3 RFP Number: 001-15-015 Project Neon Design-Build Project Page 2 of 8 Design-Build Contract Appendices Execution Version Department’s DBE Special Provisions with 49 CFR Part 26, nondiscrimination provisions, technical assistance activities, communication of subcontracting opportunities, and to generate reports specific to DBE utilization; (c) Design-Builder shall achieve or demonstrate its Good Faith Efforts to achieve the DBE Goal by (i) making contracting opportunities available to DBEs sufficient to meet the DBE Goal, (ii) engaging in meaningful solicitation of DBEs, (iii) negotiating in good faith with identified DBEs, and (iv) performing other activities as set forth the Department-approved DBE Performance Plan and these DBE Special Provisions; (d) In efforts to make contracting opportunities available to DBEs, Design-Builder shall establish DBE subcontracting work packages, and, if Design-Builder cannot reasonably award certain work packages to DBEs, Design-Builder shall make reasonable Good Faith Efforts to accomplish the DBE Goal using other work packages or bid items; and (e) Design-Builder shall prepare and timely submit to Department the monthly reports described in Section D, which shall document (i) Design-Builder’s progress toward achieving the DBE Goal; and (ii) Design-Builder’s performance of ongoing Good Faith Efforts. 3. During the performance of the Work, it will be the responsibility of Design- Builder to meet DBE objectives of this Contract. To assist Design-Builder in meeting DBE objectives of this agreement: (a) Design-Builder will continually communicate with the Department and proactively present issues regarding DBE compliance to the Department. (b) The Department will actively offer assistance and information to Design-Builder and its Subcontractors regarding Design-Builder’s certified DBE firms. (c) Design-Builder shall not place unnecessary barriers to DBEs’ participation in any work that can be subcontracted to DBEs.
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