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1772925v1 1 COUNTY OF NYE, STATE OF NEVADA TOWN OF PAHRUMP BID NO. 2021-03 Contractor will be responsible for furnishing and properly installing a Double Wide Manufactured Living Quarters for the Bell Vista Fire Station. The Contractor shall provide all services, labor, materials, and equipment required for all related operations necessary for furnishing a complete work as shown on the drawings or specified in these Contract Documents. Living Quarters shall meet any ADA requirements, and follow the plans provided in the contract. It shall be set on a concrete foundation, skirted with red block, and connected to utilities on site. Contractor shall be responsible for any permitting and/or testing needed. BID PACKAGE Including: GENERAL INSTRUCTIONS TO CONTRACTORS SPECIAL PROVISIONS/SPECIFICATIONS BID NO: 2021-03 LABOR COMMISSION NO. PWP-NY-2021-51 BIDS OPEN: January 24, 2022 at 2:00 p.m. CONTRACT TERM: Thirty (30) calendar days from Notice to Proceed Approved: Debra Strickland, CHAIR NYE COUNTY BOARD OF COMMISSIONERS Date: DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA 1/2/2022 ---PAGE BREAK--- 1772925v1 2 TABLE OF CONTENTS 1. GENERAL INSTRUCTIONS TO BIDDERS 3 1.1 RECEIPT AND OPENING OF BIDS 3 1.2 PREPARATION OF BID 3 1.3 METHOD OF BIDDING 4 1.4 OBLIGATION OF BIDDER 5 1.5 SUBCONTRACT 5 1.6 QUALIFICATION OF CONTRACTOR 5 1.7 ACCEPTANCE 5 2. SPECIAL PROVISIONS 6 2.1 STANDARD SPECIFICATIONS 6 2.2 TERMS 6 2.3 PROPOSAL REQUIREMENTS AND CONDITIONS 6 2.4 AWARD AND EXECUTION OF CONTRACT 6 2.5 BEGINNING OF WORK, “TIME OF COMPLETION”/LIQUIDATED DAMAGES 7 2.6 TERMINATION 7 2.7 PAYMENT 8 2.8 BONDS 8 2.9 SUBCONTRACTING 8 2.10 DESCRIPTION OF WORK 8 2.11 BID ITEM CLARIFICATIONS 9 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE 13 PUBLIC CONTRACT SECTION 10232 STATEMENT 13 TITLE 23, UNITED STATES CODE, SECTION 112 NON-COLLUSION AFFIDAVIT 13 CONTRACTOR QUALIFICATION 14 CONTRACTOR QUALIFICATION 15 BIDDER’S BOND 17 CONTRACTOR NAME 18 ARTICLE I. SCOPE OF WORK 18 ARTICLE 2. NOTICE TO PROCEED, TIME OF COMPLETION, TERMINATION AND MODIFICATION/LIQUIDATED DAMAGES 19 ARTICLE 3. THE CONTRACT SUM 20 ARTICLE 4. PROGRESS PAYMENTS 20 ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT 20 ARTICLE 6. STATUS AS INDEPENDENT CONTRACTOR 21 ARTICLE 7. FAIR EMPLOYMENT PRACTICES 21 ARTICLE 8. PREVAILING WAGE 21 ARTICLE 9. INSURANCE 22 ARTICLE 10. THE CONTRACT DOCUMENTS 24 ARTICLE 11. SELECTED ALTERNATES AND OPTIONS 24 ARTICLE 12. NO THIRD PARTY BENEFICIARY 24 ARTICLE 13. ASSIGNMENT AND SUBCONTRACTING 24 ARTICLE 14. WAIVER 25 ARTICLE 16. ENTIRE AGREEMENT 25 DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 3 ARTICLE 17. NOTICES 25 1. GENERAL INSTRUCTIONS TO BIDDERS 1.1 RECEIPT AND OPENING OF BIDS The Nye County Board of Commissioners, on behalf of the Town of Pahrump, County of Nye, State of Nevada (herein called the “COUNTY”) invites bids for design and construction of the PAHRUMP VALLEY FIRE AND RESCUE STATION 4 LIVING QUARTERS, NYE COUNTY, NEVADA The project will include construction based on the projects contract documents which include the attached Design Drawings. The bidder must include cost to comply with the requirements as stated in Section 2.11 "Description of Work." Bids will be received by the COUNTY at the Nye County Purchasing Department, 2101 E. Calvada Blvd., Ste 200, Pahrump, NV 89048, until January 24, 2022 at 2:00 p.m. Bids received after the deadline will not be honored, regardless of when postmarked or sent. Bid opening will commence at January 24, 2022, at 2:00 p.m. at the Nye County Purchasing Department, 2101 E. Calvada Blvd., Ste 200, Pahrump, NV 89048; It is anticipated a contract will be awarded on or about February 15, 2022, pending approval by the Nye County Board of Commissioners. Envelopes containing the bids must be sealed and addressed to the Nye County Purchasing Department, 2101 E. Calvada Blvd., Ste 200, Pahrump, NV 89048, and labeled: 2021-03: PAHRUMP VALLEY FIRE AND RESCUE STATION 4 LIVING QUARTERS The COUNTY may, but need not, consider any bid not prepared and submitted in accordance with the provisions hereof and may, but need not, waive any informalities or errors in form. The COUNTY reserves the right to reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of the bids or any authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 30 calendar days after the actual date of the opening thereof. Please contact Jimmy Martinez at [PHONE REDACTED] should you have any questions. 1.2 PREPARATION OF BID All bid prices must be submitted in writing, in ink, or be typewritten, in both words and figures and completed according to the Schedule of Items and Prices. The bidder must submit a Contractor Qualification (a copy of which is included in this Bid Package) for the bidder and any subcontractor the bidder intends to use for the job. All required certifications must be fully executed when submitted. DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 4 Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his/her address, and the name of the project for which the bid is submitted. If the bid is forwarded by mail, the sealed envelope must be addressed and labeled as noted above. No bids transmitted by facsimile will be considered. One original and two copies of the bid must be included. 1.3 METHOD OF BIDDING The COUNTY requests bids include the price per unit in accordance with the Schedule of Items and Prices. The bidder’s bid shall be totaled on the last page of the bidder’s Proposal. The COUNTY reserves the right to make modifications in specifications and/or conditions prior to bid opening, if deemed necessary, in which event, all bidders will be timely notified, and/or the time for bids extended. Each bidder will submit with its bid the following: 1.3.1 The information requested on the forms entitled “Contractor Qualification”, included in this bid package. 1.3.2 Data relating to the duration of time it has engaged in the type of work for which this Invitation to Bid is made. 1.3.3 References, with names, addresses and telephone numbers of entities to which the bidder has previously performed work similar to that sought by this Invitation to Bid. Any other terms, costs, conditions or options that would affect bidder’s bid and which have not been requested or specified in the bid package, must be noted and included in the submitted bid. Apprentices-SB207 (Required forms to be completed at time of Bid) As of January 1, 2020, Senate Bill (SB) 207 (2019) requires all contractors employing workers on certain public works projects to utilize apprentices for portions of the work. One or more apprentices must be used for at least 10% of the total hours on vertical construction and 3% of the total hours for horizontal construction. These percentages apply to the total hours of labor worked for each apprenticed craft or type of work to be performed on the public work for which more than three workers are employed. Under NRS Chapter 338, this project is a public work that requires the use of apprentices. All contractors must comply with SB 207 for this project, unless a modification, waiver, or exemption applies. Required Forms Per SB207: 1.3.4 Apprenticeship Utilization Request Form: To be filled out and completed if Contractor and or Sub-Contractor anticipate having more than 3 of any craft while working on project. (To be done for each applicable craft) 1.3.5 Apprenticeship Utilization Waiver Request Form: To be filled out by Contractor and or Sub-Contractor if No Registered Apprentice Programs exist in the jurisdiction DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 5 for the craft/type of work required for the PWP; A request for Apprentice was denied or not acted upon within 5 business days; or The PWP requires the performance of uniquely complex or hazardous work. 1.3.6 Project Workforce Checklist: To be filled out and completed if Contractor and or Sub-Contractor anticipate having less than 3 of any craft while working on project. (To be done for each applicable craft) The latest Forms and information on SB 207 can be found on the Office of the Labor Commissioner’s Website: http://labor.nv.gov/Apprenticeship_Utilization_Act/Apprenticeship_Utilization_Act/ 1.4 OBLIGATION OF BIDDER At the time of the opening of the bids, each bidder will be presumed to have read and thoroughly familiarized him/herself with all of the bid package documents. Each bidder will be presumed to have visited and visually examined the condition and environment of location of Work. The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect to his/her bid. 1.5 SUBCONTRACT Contractor must include in his or her Proposal a separately completed “Contractor Qualification” for each person or company to whom the bidder proposes to award a subcontract for performance of the required duties. No proposal shall be considered if the bidder fails to submit this form. 1.6 QUALIFICATION OF CONTRACTOR The COUNTY may make such investigations as it deems necessary to determine the ability of Contractor (and any designated subcontractors) to supply the materials and perform the work required. The contractor shall furnish to the COUNTY all such information and data for this purpose as the COUNTY may request. The COUNTY reserves the right to reject any bid if the statement submitted by the Contractor, or any subsequent investigation of the Contractor fails to satisfy the COUNTY that such Contractor/subcontractor is qualified to carry out the obligation of the contract. 1.7 ACCEPTANCE Upon acceptance of the bid, a final contract between COUNTY and the successful Contractor will be executed, the same to embody by reference the provisions of this Bid Package, except as otherwise negotiated. DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 6 2. SPECIAL PROVISIONS 2.1 STANDARD SPECIFICATIONS The work embraced herein shall be done in accordance with the following standards: • Standard Details and Specifications for Public Improvements within the Pahrump Regional Planning District. (June 1, 1999) • Standard Specifications for Public Works Construction Published by the Regional Transportation Commission of Washoe County, (2012 Edition). • Uniform Design and Construction Standards for Water Distribution Systems, (2010 Edition) • Manual on Uniform Traffic Control Devices (2009 Edition) • Guidelines for Design and Review of Development Engineering Submissions in the Pahrump Regional Planning District (BOCC Resolution 2005-02) • Current Building and Energy Codes adopted by Nye County codes 15.16 and 15.17. In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions. 2.2 TERMS Wherever in the Standard Specifications, Special Provisions, Notice to Contractors, Proposal Contract, or other contract documents the following terms are used, the intent and meaning shall be interpreted as follows: 2.2.1 Nye County Public Works for the Town of Pahrump; 2.2.2 The County of Nye for the State where reference is made to the agency administering the Contract; 2.2.3 Nye County Comptroller for the State Treasurer where reference is made to Contract payments; 2.2.4 Town of Pahrump Fire Chief or his assign for Director, where reference to Director and/or Engineer is made; and 2.2.5 The Board of County Commissioners for Pahrump Town Board. 2.3 PROPOSAL REQUIREMENTS AND CONDITIONS 2.3.1 The Purchasing Department will furnish the prospective bidder with a proposal form. 2.3.2 The form of the bidder’s bond, which must be provided by the Contractor, is attached hereto, following the signature page of the proposal annexed hereto. 2.4 AWARD AND EXECUTION OF CONTRACT 2.4.1 The award of contract will be to the best bidder whose proposal complies with all the requirements prescribed. DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 7 2.4.2 Following award of the bid, a contract will be executed, incorporating the Invitation to Bid and the Bid Package. 2.5 BEGINNING OF WORK, “TIME OF COMPLETION”/LIQUIDATED DAMAGES 2.5.1 Contractor shall begin work within from one to ten (10) business days after receiving “Notice to Proceed” for the work described in the bid package awarded to the Contractor, and shall diligently prosecute the same with all work completed within Thirty (30) calendar days from the Notice to Proceed date. 2.5.2 Attention is directed to the provisions in Section 2.6 "TERMINATION". 2.5.3 Contractor shall complete all of the work described within thirty (30) calendar days of the Notice to Proceed date, unless an extension is provided in writing by County. Should the work not be complete within the specified time for completion, the Contractor may be liable for liquidated damages, payable to County in the amount of Five Hundred Dollars ($500.00) for each working day beyond the deadline taken for completion, as provided herein, without an extension of time approved by the county in writing. All rights remedies of the County are cumulative and not exclusive of any other rights or remedies that may be available to County, whether provided by law, equity, statue, or otherwise. However, the liquidated damages provisions set forth herein is County’s exclusive remedy for Contractor’s breach as specifically defined in Section 2.5.2. County may elect to withhold the liquidated damages from any payment to Contractor. 2.6 TERMINATION 2.6.1 The contract may be terminated for cause by the Board of Commissioners, upon the recommendation of the County Manager. Cause shall include, but is not limited to, the following: failure to comply with any contract requirement. 2.6.2 Upon determination of cause by the County Manager, written notice shall be given the Contractor of the specific cause. Upon receipt of written notice, and if the notice so directs, the Contractor shall cease work and meet with the County Manager or his assignee to determine corrective action. Corrective action will be agreed to in writing and signed by both parties. In the event that no agreement is reached within ten (10) working days of notice, the County Manager may recommend the termination to the Board of Commissioners. The Board of Commissions’ decision shall be final. County shall have the right, at any time to terminate the Contract, without cause, with thirty (30) days written notice. Upon termination of the Contract, other than for Cause, County shall pay Contractor for that part of the work completed satisfactorily to the date of such termination at the rates set forth in the Contract. This Contract shall be governed, construed and interpreted by, through and under the laws of the State of Nevada. The parties hereby agree that venue for any and all disputes related to this Contract shall be in the Fifth Judicial District Court of the State of Nevada, in and for the County of Nye. The parties further agree that, should it become necessary for either party hereto to take legal action to enforce any rights and/or obligations outlined herein, that the prevailing party shall be DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 8 entitled to recover their costs to the extent provided for by law, with each party to bear their own attorneys’ fees unless otherwise provided for by law. 2.7 PAYMENT 2.7.1 Payments will be on a progress payment basis, as stipulated in the Schedule of Items and Unit Prices, at the accepted price. 2.7.2 Deletion of any work by the COUNTY shall be deemed non-compensable to the Contractor. 2.7.3 Include in the Unit Price overhead, profit and all incidental costs. 2.7.4 Retention will be withheld at a percentage of 5% from each invoice payment, and will be released 40 days after the filing of the Notice of Completion. 2.8 BONDS 2.8.1 A bid bond in an amount equal to ten percent (10%) of the total bid price must accompany the bid. The bond shall be on the form provided, or on a like form. 2.8.2 A performance bond in an amount equal to one hundred percent (100%) of the total contract amount must be provided by the Contractor. 2.8.2.1 The bond must be furnished to COUNTY within eight days, not including Sundays and legal holidays, after the successful bidder has received notice from the COUNTY that the contract has been awarded. 2.8.2.2 The performance bond must guarantee the faithful performance by the Contractor of all the terms of the contract. 2.8.3 A materials and payment bond in an amount equal to one hundred percent (100%) of the total contract amount must be provided by the Contractor. 2.8.3.1 The bond must be furnished to the COUNTY within eight days, not including Sundays and legal holidays, after the bidder has received notice from the COUNTY that the contract has been awarded. 2.8.3.2 The payment bond shall guarantee Contractor’s payment of all subcontractors and/or vendors for all labor, materials, provisions, supplies or items expended in fulfilling the contract. 2.9 SUBCONTRACTING 2.9.1 In no case shall said subcontract reflect a change in bid price. 2.10 DESCRIPTION OF WORK The Town of Pahrump is developing a new Fire Station that will include a Living Quarters for the stationed Fire Fighters. The living quarters will man at least 2 Fire Fighters at a time, and will have to follow any ADA guidelines that are not already on the plans. It will include 5 bedrooms, 3 bathrooms, utility room, kitchen, and living room. The site already has water, electrical, and sewage utilities nearby. Contractor will need to locate and connect all utilities. Skirting will be Red CMU Blocks. DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 9 All affected roads within this project must remain open at all times during construction activities 2.10.1 The Contractor will provide men and equipment for sweeping and cleanup operations (daily) upon completion and before leaving the job site. 2.10.2 2.10.3 All work must be completed within thirty (30) calendar days from the Notice to Proceed date. 2.11 BID ITEM CLARIFICATIONS See Exhibit A for detailed Scope of Work and bid item clarifications. Work shall include a manufacturer’s warranty on the steel building and a 2 year workmanship warranty. Contractor shall produce the building manufacturer warranty upon erection of the building. Warranty shall include material defects and manufacturer defects. Contractor shall submit as-builts upon completion of the project. PROPOSAL TO THE COUNTY OF NYE CONSTRUCTION OF THE PAHRUMP VALLEY FIRE AND RESCUE STATION 4 LIVING QUARTERS BASED ON THE DESIGN PLANS LOCATED IN PAHRUMP, NYE COUNTY, NEVADA. Town of Pahrump is constructing a new Fire Station 4 located at 3030 W. Bell Vista Ave. Pahrump, NV 89060. The plans provided by GCW Engineering reflect the design of the site and engineering. The Engineering provided by the steel building manufacturer reflect the build out of the entire building. (Because some colored inks will not reproduce in copy machines, please use black ink to complete this proposal.) NAME OF BIDDER BUSINESS ADDRESS CITY, STATE, ZIP DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 10 TELEPHONE NO: AREA CODE ( ) E MAIL ADDRESS The work for which this proposal is submitted is for construction in accordance with the provisions of the Invitation to Bid and the Bid Package (including the special provisions and specifications) as well as the Standard Details and Specifications for Public Improvements within the Pahrump Regional Planning District. (June 1, 1999), Standard Specifications for Public Works Construction Published by the Regional Transportation Commission of Washoe County, (2012 Edition), Uniform Design and Construction Standards for Water Distribution Systems, (2010 Edition), Manual on Uniform Traffic Control Devices (2009 Edition), Guidelines for Design and Review of Development Engineering Submissions in the Pahrump Regional Planning District (BOCC Resolution 2005-02) The bidder shall set forth the costs, in clearly legible in both words and figures in the respective spaces provided in the “Schedule of Progress Payments” for this purpose. The amount set forth as the sum of the “Total Cost” of all Items will be the “Total Price” for the complete Project or Work. If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the bonds in the sums required by this Invitation to Bid and Bid Package, with surety satisfactory to the County, within eight calendar days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the County that the contract has been awarded, the County may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of such security accompanying the proposal shall operate and the same shall be the property of the COUNTY. The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the Invitation to Bid and the Bid Package; that he fully understands that the COUNTY shall have the sole right and discretion to accept any Parts of the Proposal; and the undersigned proposes, if this Proposal, is accepted by the COUNTY; that he will contract with the COUNTY to provide all the necessary machinery, tools, apparatus and other means of production, and to do all the work and furnish all the materials specified in the contract that will be awarded, in the manner, the time and cost therein prescribed, and according to the requirements of the Director as therein set forth, and that he will take, in full payment therefore, the following Schedule of Items and Prices, to-wit: DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 11 Base Bid Schedule Pahrump Fire Station #4 Living Quarters Bid Item # Item Description Unit Quantity Unit Price (Numerical) Total Cost (Numerical) 1 MANUFACTURED HOME 1 2 FOUNDATION (Concrete) 1 3 WATER UTILITY 1 4 ELECTRICAL UTILITY 1 5 SEWAGE UTILITY 1 6 SKIRTING (Red Brick) The undersign hereby agrees and acknowledges that: The Bidder has received Addendum to inclusive and the TOTAL BID PRICE for this Work is as follow: $ CONTRACTOR: BY: (Signature) TITLE: E MAIL ADDRESS: THE BIDDER’S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL The bidder proposed subcontractor hereby certifies that he has has not participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 12 administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. NOTE: The above certification is required by the Equal Employment Opportunity Relations of the Secretary of Labor (41 CFR 60-1.7(b)(1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts that are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime Contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should know that 41 CFR 60-1.7(b) prevents the award of contracts and subcontracts unless such Contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 13 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. PUBLIC CONTRACT SECTION 10232 STATEMENT In accordance with Public Contract Code Section 10232, the Contractor hereby states, under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor’s failure to comply with an order of a federal court which ordered the Contractor to comply with an order of the National Labor Relations Board. TITLE 23, UNITED STATES CODE, SECTION 112 NON-COLLUSION AFFIDAVIT In accordance with Title 23, United States Code, Section 112, the bidder hereby states, under penalty of perjury, that he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this contract. NOTE: The above Statement, Questionnaire, and Non-Collusion Affidavit are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement, Questionnaire, and Non-Collusion Affidavit. Bidders are cautioned that making a false certification may subject the certified to criminal prosecution. DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 14 CONTRACTOR QUALIFICATION Part I CONTRACTOR INFORMATION Company Name: Address: City: State: Zip Code: Telephone: Vendor Payment Terms: Federal Tax ID# Business License # Time Period How Long in Business (if applicable) LIABILITY Nevada State Contractors License Contracting Limits: Insurance Carrier: No: (Attach Proof of Insurance) REFERENCES Name: Phone: Name: Phone: Name: Phone: DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 15 CONTRACTOR QUALIFICATION Part II Date: CONTRACTOR INFORMATION Company Name: PERFORMANCE Liquidation Damages and/or Disputes List all projects in the last 2 years where liquidation damages were or may be assessed, where the substantial disputes or protests occurred, or are currently occurring. Explain in detail. Have you ever failed to complete any work awarded to you? If yes, explain where and why. Have you ever defaulted or been terminated on a contract? If yes, explain where and why. EXPERIENCE If you anticipate subcontracting work, under what conditions would subcontractors be used? List subcontractors normally used. Background and experience of the principal members of your organization who would be involved in contract work for Nye County. Name Title Experience (Years) DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 16 CONTRACTOR QUALIFICATION Part II Date: CONTRACTOR INFORMATION Company Name: COMPLIANCE Have any charges been filed against you or your firm with the Equal Opportunity Commission or any similarly constituted entity charged by any state or local government with the enforcement of anti- discrimination legislation or regulations? If yes, explain in detail. Have you had any violations/fines for environmental non-compliance? If yes, give details. Have you had any violations/fines for OSHA non-compliance? If yes, give details. DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 17 BIDDER’S BOND COUNTY OF NYE KNOW ALL MEN BY THESE PRESENTS: That we, as PRINCIPAL, and as SURETY, are held and firmly bound unto the County of Nye, hereinafter called the County, in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the County of Nye for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ Nevada on , 2021 for (Copy here the exact description of work, including location, as it appears on the proposal.) NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form, in accordance with the bid, and files the two bonds with the Department, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney’s fee to be fixed by the court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of 2021. (SEAL) (SEAL) (SEAL) Principal (SEAL) (SEAL) (SEAL) Surety NOTE: Signatures of those executing for the Surety must be properly acknowledged. DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 18 SAMPLE AGREEMENT (For reference only, Do Not complete this Agreement) BID #2021-03/PWP #NY-2021-??? PAHRUMP FIRE STATION #4 LIVING QUARTERS PAHRUMP, NYE COUNTY, NEVADA. CONTRACT BETWEEN THE Town of Pahrump AND CONTRACTOR NAME Nevada Contractor’s License # Address City, State, Zip Telephone Number This Contract entered into this ___day of 2021, by and between the Tow of Pahrump, COUNTY OF NYE, hereinafter referred to as “Town”, and of County of State of Nevada, hereinafter referred to as “Contractor.” WITNESSETH: That the Townand the Contractor, for the consideration hereinafter set forth, agree as follows: ARTICLE I. SCOPE OF WORK Contractor shall furnish all material and perform all work in a professional manner as set forth in the Contract Documents for Bid No. 2021-03/PWP #NY-2021-51. Contractor further agrees to perform all extra work necessary in connection therewith and under the terms as stated in said Contract Documents; and at his (it’s or their) own proper cost and expense, to furnish all the bonds, materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the project in accordance with the terms and conditions and prices stated in said Contract Documents. DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 19 ARTICLE 2. NOTICE TO PROCEED, TIME OF COMPLETION, TERMINATION AND MODIFICATION/LIQUIDATED DAMAGES The Contractor shall not commence work, nor incur any expense therewith, before it is notified to proceed with the work. The work to be performed under this Contract shall commence within ten (10) business days of the commencement date set forth in the Notice to Proceed unless otherwise extended by written authorization by the Director of Public Works. The following performance periods shall apply: The work, including any or all options and alternatives identified in Article 11, shall be substantially completed no later than thirty (30) days from the Notice to Proceed date. In determining substantial completion and/or final acceptance, the parties agree that the County’s Director of Public Works shall be guided by principles of fairness and the efforts of the Contractor to comply with designated performance periods. TERMINATION 1. Townshall have the right, at any time to terminate the Contract, without cause, with thirty (30) calendar day’s written notice. 2. Upon termination of this Contract, other than for Cause, Townshall pay Contractor for that part of the work completed satisfactorily to the date of such termination at the rates set forth in this Contract and all applicable documents which, by reference, are made a part hereto. 3. If a controversy or claim arises out of or related to this Agreement, including a claim relating to an action taken by TOWNand the parties cannot resolve the matter between themselves within 60 days after TOWNis first provided written notice of the claim or controversy by CONTRACTOR, the parties agree to try in good faith to settle the dispute by mediation under the Construction Industry Mediation Rules of the American Arbitration Associate. If not settled by mediation, the dispute shall be resolved by final and binding arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgement upon the award rendered by the arbitrator(s) shall be entered in the Fifth Judicial District Court. MODIFICATION/CHANGE ORDER This Contract may not be modified, amended, supplemented, or extended except by written document executed by the Contractor and Nye TownBoard of Commissioners. LIQUIDATED DAMAGES Should the work not be complete within the specified time for completion, the Contractor will be liable for liquidated damages, payable to Townin the amount DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 20 of Five Hundred Dollars ($500.00) for each working day beyond the deadline taken for completion, as provided herein. All rights and remedies of the Townare cumulative and not exclusive of any other rights or remedies that may be available to County, whether provided by law, equity, statute, or otherwise. However, the liquidated damages provision set forth herein is County’s exclusive remedy for Contractor’s breach as specifically defined in Section 2.5.3 of the Bid Documents. Townmay elect to withhold the liquidated damages from any payment to Contractor. ARTICLE 3. THE CONTRACT SUM The Townshall pay Contractor, full compensation for furnishing all materials and labor and doing all the work in strict accordance with relevant plans and specifications and to the satisfaction of the County, amounts as set forth in this Contract. The Contract sum total is to be paid based upon progress payments as specified in the Bid, unless otherwise stated in the drawings or specifications. ARTICLE 4. PROGRESS PAYMENTS The Townshall make progress payments on the Contract Price based on Contractor’s Application for Payment to the Townwith Engineer’s recommendation. All such payments will be measured by the schedule of values established in the bid item clarifications. The progress estimates shall be based upon materials on the job site and invoiced, or upon material in place and all labor expended thereon. The Townshall make said progress payment upon receipt, review and recommendation of the TownManager to the Board of TownCommissioners. Five percent of the amount ascertained will be deducted and retained by the Townuntil after the completion of the entire Contract in an acceptable manner. No monies payable under this Contract may be assigned by Contractor except upon prior written consent of the County. ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT As soon as practical following completion of the work, the Contractor shall make a written request to the Townfor final inspection and acceptance of the work. If, in the County’s sole discretion, all provisions of the specifications and Contract have been satisfied, the Townwill cause a Notice of Completion to be filed with the TownRecorder. After forty (40) calendar days, immediately following the filing of the Notice of Completion, the remaining balance shall be paid, providing that: Contractor has submitted evidence satisfactory to the Townthat all payrolls, bills for material, interest or retention and all other indebtedness connected with the work have been paid; Contractor has submitted evidence satisfactory to Townthat all subcontractors, if any, have been paid; and DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 21 No claims, liens or outstanding debts have been filed against the work. Contractor may be required to submit signed Lien Release Forms stating that any sub- contractors have been paid. In the event that claims, liens or outstanding debts are filed against the work, Townshall continue to hold the retainage until such time as the claims, liens or outstanding debts are resolved. ARTICLE 6. STATUS AS INDEPENDENT CONTRACTOR Contractor is an independent contractor and not an employee, servant, agent or representative of County. Contractor shall provide product in accordance with this Contract and all applicable documents, and any subsequent written agreements defining the nature and scope of the Services. As an independent contractor, Contractor shall not participate in the employee benefits available to County’s employees. Neither compliance or non-compliance by Contractor and Contractor’s employees, agents, and representatives with the terms and provisions of this Contract shall affect Contractor’s status as an independent contractor or relieve Contractor of any of Contractor’s duties, liabilities, or obligations under this Contract. ARTICLE 7. FAIR EMPLOYMENT PRACTICES In connection with the performance of work under this Contract, Contractor agrees not to discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex or age. Such agreement shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor further agrees to insert this provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials. Any violation of such provision by Contractor shall constitute a material breach of Contract. ARTICLE 8. PREVAILING WAGE A. Labor Law Requirements. The Contractor must strictly comply with all applicable provisions of the Nevada State Labor Laws, including, but not limited to, Title 28, Chapter 338 of Nevada Revised Statutes, as amended, and with applicable labor laws and regulations of the Federal Government. B. Prevailing Rate of Wages. The wages to be paid for a legal day’s work to laborers, workmen or mechanics employed upon the work specified in this Contract or upon any materials to be used therein shall not be less than the hourly minimum rate of wage as fixed by the Nevada State Labor Commissioner, which schedule of wage rates is annexed hereto and hereby made a part of this Contract. The Contractor shall forfeit, as a penalty to the County of Nye, the sum of $10.00 for each workman employed for each calendar day or portion thereof that such workman is paid less than the DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 22 designated rate for any work done under the Contract, by the Contractor or any subcontractor under the Contractor. Contractor shall submit a copy of Certified Payroll Reports to Nevada State Labor Commissioner and Nye County Public Works no later than 15 calendar days after the end of each month. C. Hours of Work. No laborer, workman or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by this Contract shall be permitted or required to work more than eight hours in any one calendar day, and not more than forty (40) hours in any one week, except in cases of emergency where life or property is in imminent danger, without paying overtime at a rate of time and a half. In such emergency cases, the person required to work over eight hours per day or forty hours per week shall be paid at least regular wages for all overtime. This Contract may be canceled at the election of the Townfor any failure or refusal on the part of the Contractor or any subcontractor faithfully to perform the Contract according to the terms as to wages and hours as herein provided. NOTE: NRS 338.080 exempts any contract for a public work whose total cost is less than $100,000 from prevailing wage requirements. ARTICLE 9. INSURANCE The Contractor shall not commence work under this Contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the County, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been obtained and approved. A. Compensation Insurance. The Contractor shall procure and maintain, during the life of the Contract, Industrial Insurance as required by the Nevada Industrial Insurance Act, for all of his employees to be engaged in work at the site of the project under this Contract and in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide such Industrial Insurance for all of the latter’s employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor’s Industrial Insurance. In case any class of employees engaged in work on the project under this Contract is not protected under the Nevada Industrial Insurance Act, the Contractor shall provide and shall cause each subcontractor to provide adequate employer’s liability insurance for the protection of such of his employees as are not otherwise protected. B. Contractor’s Public Liability and Property Damage Insurance and Vehicle Liability Insurance. The Contractor shall procure and shall maintain during the life of this Contract Contractor’s Public Liability Insurance, Contractor’s Property Damage Insurance and Vehicle Liability Insurance in the following amounts: Minimum limits for: Personal injury or death one person $1,000,000 DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 23 one occurrence $2,000,000 Property damage one accident $1,000,000 aggregate liability for loss $2,000,000 Vehicle liability single person/accident $1,000,000/$2,000,000 C. Subcontractor’s Public Liability and Property Damage Insurance and Vehicle Liability Insurance. The Contractor shall either require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor’s Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in subparagraph hereof, or insure the activities of each subcontractor in the amounts specified in subparagraph hereof. D. Scope of Insurance and Special Hazards. The insurance required under subparagraphs and hereof shall name the Townand its officers, agents, Director of Public Works and employees as a co-insured and provide adequate protection for the Townand its officers, agents, Director of Public Works and employees, and the Contractor and his subcontractors, respectively, against damage claims which may arise from Operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the special hazards which may be encountered in the performance of this Contract as enumerated in the Special Conditions. E. Proof of Carriage of Insurance. The Contractor shall furnish the Townwith certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statements: “The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days’ written notice has been received by the County.” F. If the Contractor or any subcontractor fails to maintain the insurance required by this Contract, the Townmay obtain such insurance for the protection of the County, its officers, agents, Director of Public Works, and other employees, and deduct and retain the amount of the premiums for such insurance from any sums payable to the Contractor under this Contract. G. Contractor agrees to defend, indemnify and hold harmless the County, its agents and employees from any and all claims, causes of action, liability, loss, costs, reasonable attorney’s fees, or other expenses arising from the performance of this Contract by Contractor or Contractor’s agents or employees whether caused by the negligence or willful misconduct of Contractor, his agents, employees or affiliates. Contractor hereby indemnifies and shall defend and hold harmless the County, its officials, employees and authorized representatives and their employees from and against any and all suits, actions, legal or administrative proceedings, arbitration, claims, demands, damages, liabilities, interest, attorney’s fees, costs and expenses of whatsoever kind or nature, including those arising out of injury, death or property damage, whether arising before or after completion of the work under this Contract and in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part by reason of any negligent act, omission, or fault or willful misconduct, whether active or passive, of Contractor or of anyone acting under its direction or control or on its behalf in DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 24 connection with or incidental to the performance of this Contract. Contractor’s indemnity, defense, and hold harmless obligations, or portions or applications thereof, shall apply even in the event of the fault or negligence, whether active of passive, of the County, its agents and employees to the fullest extent permitted by law. ARTICLE 10. THE CONTRACT DOCUMENTS The Contract Documents shall include the following: 1. The advertised Notice of Invitation to Bid No. 2021-03/PWP #NY-20202021-226; 2. The Bid by the Contractor (The Contractor’s Proposal); 3. This Contract; 4. The General Instructions to Contractors; 5. The Special Provisions; 6. The specifications as set forth in the Special Provisions; 7. The Bid Bond, Performance Bond and Payment Bond; 8. All addenda issued by the Purchasing Department; 9. Contractor Qualification; 10. The Notice of Award; 11. Any amendments or addenda to all of the aforementioned documents; and 12. All provisions required by law to be incorporated in this Contract, whether actually incorporated or not; ARTICLE 11. SELECTED ALTERNATES AND OPTIONS The following options and alternates have been selected by the Townand are herewith made part of the scope of work to be performed under this Contract; Options: xx Alternates: xx ARTICLE 12. NO THIRD PARTY BENEFICIARY This Contract and the rights and obligations arising there from are strictly for the benefit of the parties to this Contract. The parties agree that any benefit or detriment asserted by the third party and/or found to exist by any court or arbitrator is merely an incidental, collateral, or consequential benefit or detriment arising from the performance or non-performance of this Contract and is not intended to create a right of action in any person not a signatory to this Contract. ARTICLE 13. ASSIGNMENT AND SUBCONTRACTING A. Assignment. Contractor shall not assign its rights nor delegate its duties hereunder without prior written consent of County. The Townmay condition such consent. B. Subcontracting. Except as specifically detailed in the Contractor’s Bid, Contractor shall not subcontract any part of the work hereunder without the prior written approval of County. The Townmay condition such consent. DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 25 ARTICLE 14. WAIVER Failure by Townor Contractor, at any time, to enforce or to require strict observance of any of the terms, conditions or provisions of this Contract shall not constitute a waiver of, nor limit or impair, such terms, conditions or provisions. In addition, any such failure shall not affect the right of either party to avail itself at any time of such remedies as it may have for any default hereunder by the other party hereto. ARTICLE 15. GOVERNING LAW, VENUE AND COSTS This Contract shall be governed, construed and interpreted by, through and under the laws of the State of Nevada. The parties hereby agree that venue for any and all disputes related to this Contract shall be in the Fifth Judicial District Court of the State of Nevada, in and for the County of Nye. The parties further agree that, should it become necessary for either party hereto to take legal action to enforce any rights and/or obligations outlined herein, that the prevailing party shall be entitled to recover their costs to the extent provided for by law, with each party to bear their own attorneys’ fees unless otherwise provided for by law. ARTICLE 16. ENTIRE AGREEMENT The terms and provisions of this Contract constitute the entire agreement between the parties and supersede all previous communications, representations, undertakings or agreements between the parties hereto with respect to the subject matter hereof, whether oral or written. ARTICLE 17. NOTICES Any notice, proposal or objection relating to this Contract shall be in writing addressed to the parties as follows: Honey Strozzi, Purchasing and Contracts Administrator Nye County 101 Radar Road, Tonopah, NV 89049 JImmy Martinez Buildings and Grounds Manager 470 N. Hwy 160 Pahrump NV 89060 DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 26 Contractor Information IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written. THE Town of Pahrump, County of Nye By: Debra Strickland, Chair NYE COUNTY BOARD OF COMMISSIONERS By: Company Name CONTRACTOR Printed Name Exhibit A: Scope of Work DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA ---PAGE BREAK--- 1772925v1 27 Pahrump Valley Fire and Rescue, Station #4 Living Quarters Contractor shall be responsible for furnishing and completely installing a Living Quarters for the Bell Vista Fire Station. Home shall meet all ADA requirements, and follow the plans provided in the contract. Home shall be set on a concrete foundation, skirted with Red Block, and connected to utilities on site. Contractor shall be responsible for any permitting and/or testing needed. Living Quarters: - Follow plans for detailed instructions - 4 Bedroom - 2 Bath - All appliances and water heaters shall be electric, no propane. - Roughly 1600 Sq. Ft. - Concrete Foundation - Red Block skirting. - Follow any ADA requirements On-Site: - Water on site. - Sewer on site. - Electrical on site. - Refer to plans for finish grade. DocuSign Envelope ID: AAA36F76-3196-40AD-9164-81D07C3E1AFA