Attachments for RFP 4.1.1 - 4.3.4 (DRAFT Contract is Separate).pdf

STATE OF NEVADA

TERMS AND CONDITIONS FOR SERVICES

Revised: June 2022 Page 1 of 6 Terms and Conditions for Services

The information contained in this attachment is part of the solicitation and does not need to be returned with a vendor proposal.

1. PROCUREMENT

1.1. AUTHORITY

1.1.1. This procurement is conducted in accordance with NRS Chapter 333 and NAC Chapter 333.

1.1.2. Any contract(s) awarded from this solicitation is a “state purchasing contract.”

1.1.3. As used herein, “the State” refers to the Executive Department of the State Government of Nevada as the soliciting and awarding entity. Where a solicitation is on behalf of additional users or agencies and/or part of a cooperative solicitation, the term collectively includes those entities as well.

1.2. SINGLE POINT OF CONTACT

1.2.1. The single point of contact for this solicitation is identified on page 1.

1.2.2. Upon issuance of the solicitation, other employees and representatives of the agencies identified in the solicitation shall not answer questions or otherwise discuss the contents of the solicitation and/or attachments with any prospective vendors or their representatives.

1.2.3. Vendors and/or their representatives shall only contact the single point of contract regarding this solicitation until after a notice of award (NOA) has been issued.

1.2.4. Failure to observe this restriction may result in disqualification of a proposal per NAC 333.155(3).

1.2.5. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

1.3. WRITTEN QUESTIONS AND ANSWERS

1.3.1. All questions regarding this solicitation shall be submitted using the Bid Q&A feature in https://NevadaEPro.com by the deadline listed in the solicitation timeline.

1.3.2. If questions and answers require a material change to the solicitation, an amendment will be posted in NevadaEPro, and vendors should receive email notification.

1.3.3. To access the Bid Q&A.

A. Log into ‘Seller’ account on NevadaEPro.

B. Click the ‘Bids’ tab in the header.

C. Click ‘View’ under ‘Bid Q&A’ on the appropriate bid in the ‘Open Bids’ section.

1.4. SOLICITATION

1.4.1. Proposals shall be presented in a format that corresponds to and references sections outlined in a solicitation and shall be presented in the order requested for ease of evaluation.

1.4.2. Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy requirements of a solicitation.

1.4.3. If a vendor changes any material language, proposal may be deemed non-responsive per NRS 333.311.

1.4.4. The State reserves the right to reject any or all proposals received prior to contract award.

1.4.5. The State reserves the right to limit the scope of work prior to award, if deemed in the best interest of the State.

1.4.6. The State reserves the right to alter, amend, or modify any provisions of this solicitation, or to withdraw this solicitation, at any time prior to the award of a contract pursuant hereto, if it is in the best interest of the State to do so.

1.4.7. Proposals may be modified or withdrawn prior to opening. Withdrawals received after opening shall not be considered except as authorized by NRS 333.350(3).

1.4.8. Submitted proposals become property of the State, selection or rejection does not affect this right.

1.4.9. Proposals which appear unrealistic in terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend complexity and risk of the project, may be rejected.

1.4.10. The State is not liable for any costs incurred by vendors prior to entering a formal contract.

1.4.11. Costs of developing a proposal or any other such expenses incurred by a vendor in responding to a solicitation, are entirely the responsibility of the vendor, and shall not be reimbursed in any manner by the State.

1.4.12. Any person who believes a solicitation contains irregularities, a lack of clarity, unnecessarily restrictive specifications, or unnecessary limits to competition shall notify the single point of contact, in writing, as soon as possible, so that corrective addenda may be furnished in a timely manner to all vendors if appropriate.

Revised: June 2022 Page 2 of 6 Terms and Conditions for Services

1.4.13. The State reserves the right to waive informalities and minor irregularities in proposals received.

1.4.14. The State shall not be obligated to accept the lowest priced proposal, however, shall make an award in the best interest of the State after all factors have been evaluated.

1.4.15. The evaluation committee may solicit information from any available source concerning any aspect of a proposal and seek and review any other information deemed pertinent to the evaluation process.

1.4.16. The State reserves the right to reject any proposal based upon vendor prior history with the State or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

1.4.17. Clarification discussions may, at State sole option, be conducted with vendors who submit proposals determined to be acceptable and competitive.

1.4.18. Vendors shall be accorded fair and equal treatment with respect to any opportunity for discussion and/or written revisions of proposals.

1.4.19. Revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers.

1.4.20. In conducting discussions there shall be no disclosure of any information derived from proposals submitted by competing vendors.

1.4.21. Any modifications made to a proposal during negotiations shall be included as part of the contract.

1.4.22. Proposals from employees of the State of Nevada shall be considered in as much as they do not conflict with the State

Administrative Manual (SAM), NRS Chapter 281, and NRS Chapter 284.

1.4.23. The Administrator shall apply the preferences stated in NRS 333.290 and 333.410 to the extent applicable.

A. NRS 333.290 grants a preference to materials and supplies that can be supplied from a “charitable, reformatory or penal institution of the State” that produces such goods or services through the labor of inmates.

B. NRS 333.410 grants a preference to commodities or services that institutions of the State are prepared to supply through the labor of inmates.

C. The Administrator reserves the right to secure these goods, materials or supplies from any such eligible institution, if they can be secured of equal quality and at prices not higher than those of the lowest acceptable bid received in response to this solicitation.

1.4.24. Prices offered by a vendor in a proposal are an irrevocable offer for the term of the contract and any contract extensions.

1.4.25. Vendor agrees to provide purchased services at costs, rates and fees as set forth in a proposal submitted in response to a solicitation. No other costs, rates or fees shall be payable to awarded vendor for implementation of proposal.

1.4.26. Vendor shall not propose an alternative that would require the State to acquire hardware or software or change processes to function properly on vendor system unless vendor included a clear description of such proposed alternatives and clearly mark any descriptive material to show proposed alternative. An acceptable alternative is one the State considers satisfactory in meeting requirements of a solicitation. The State, at its sole discretion, shall determine if a proposed alternative meets the intent of an original solicitation requirement.

1.5. MATERIAL MISREPRESENTATION. Vendor understands and acknowledges that representations made in its proposal are material and important and shall be relied on by the State in evaluation of a proposal. Any misrepresentation by a vendor shall be treated as fraudulent concealment from the State of the true facts relating to the proposal.

1.6. PROPRIETARY INFORMATION/TRADE SECRETS

1.6.1. As a potential contractor of a public entity, vendors are advised that full disclosure is required by law.

1.6.2. If complete responses cannot be provided without referencing proprietary information, such information shall be provided in a separate attachment, cross-referenced to public attachments. Only proprietary information as defined in NRS 333.020(5) can be confidential.

1.6.3. Specific references made to a section, page, and paragraph where proprietary information can be located shall be identified on Confidentiality and Certification of Indemnification.

1.6.4. Vendors are required to submit written documentation in accordance with Confidentiality and Certification of Indemnification justifying confidential status.

1.6.5. Not conforming to these requirements makes a proposal non-compliant and it may be rejected by the State.

1.7. ONLINE BIDDING

1.7.1. Pursuant to NRS 333.313, NevadaEPro, located at https://NevadaEPro.com, is the State online bidding system.

1.7.2. All official communication will be through NevadaEPro.

1.7.3. Vendors should check NevadaEPro frequently for matters affecting a solicitation prior to submitting a quote or proposal.

Revised: June 2022 Page 3 of 6 Terms and Conditions for Services

1.7.4. Failure to periodically check for updates does not release a vendor from requirements or information posted.

1.7.5. Failure to flag quote attachments as confidential in NevadaEPro that contain confidential information, trade secrets and/or proprietary information, shall constitute a complete waiver of any and all claims for damages caused by release of the information by the State.

1.8. ELECTRONIC QUOTE

1.8.1. Vendors shall submit quotes or proposals by using ‘Create Quote’ via NevadaEPro, the State electronic procurement website, located at https://NevadaEPro.com.

1.8.2. Refer to Quote Instructions attachment in NevadaEPro for instructions on how to submit a Quote.

1.8.3. Vendors shall provide pricing directly in NevadaEPro, or select ‘See Quote Attachments’ as appropriate.

1.8.4. Quotes or proposals shall be submitted before the date and time specified on bid in NevadaEPro.

1.8.5. Vendors may submit their quote or proposal any time prior to the deadline stated in NevadaEPro.

1.8.6. If dates/times specified in a document and dates/times specified in NevadaEPro conflict, dates/times in NevadaEPro shall prevail.

1.8.7. Quotes or proposals submitted as physical copies, email, or any submission method except NevadaEPro shall not be considered.

1.8.8. Vendor quote or proposal documents shall be uploaded as attachments to NevadaEPro quote.

1.8.9. Only quotes or proposals submitted through NevadaEPro will be considered for award.

1.8.10. Quotes improperly submitted as ‘No Bid’ in NevadaEPro may not be received by the State or considered for award.

1.8.11. Quotes or proposals that are not submitted by the opening date and time shall not be accepted.

2. AWARD

2.1. NOTICE OF INTENT TO AWARD

2.1.1. A letter of intent (LOI) shall be issued in accordance with NAC 333.170 notifying proposing vendors of the intent to award a contract to an identified vendor, pending successful negotiations.

2.1.2. Negotiations shall be confidential and not subject to disclosure to competing vendors unless and until an agreement is reached.

2.1.3. All information remains confidential until the issuance of the formal notice of award (NOA).

2.1.4. If contract negotiations cannot be concluded successfully, the State upon written notice to all proposing vendors may negotiate a contract with the next highest scoring vendor or withdraw the solicitation.

2.2. NOTICE OF AWARD

2.2.1. A notice of award (NOA) shall be issued in accordance with NAC 333.170.

2.2.2. Proposing vendors shall be notified via NevadaEPro a contract has been successfully negotiated.

2.2.3. Award is contingent upon the successful negotiation of final contract terms.

2.2.4. Any non-confidential information becomes available upon written request, and most is available in NevadaEPro.

2.2.5. Pursuant to NRS 333.370, the period in which a person who made an unsuccessful proposal may file a notice of appeal commences.

2.2.6. Any unsuccessful vendor may file an appeal in strict compliance with NRS 333.370 and NAC Chapter 333.

2.3. CONTRACT EXECUTION

2.3.1. If required pursuant to NRS 333.700, contracts shall not be effective unless and until approved by the Nevada State

Board of Examiners (BOE).

2.3.2. The State reserves the right to negotiate final contract terms with any vendor selected per NAC 333.170.

2.3.3. The contract between the parties shall consist of the solicitation together with any modifications thereto, and the awarded vendor proposal, together with any modifications and clarifications thereto that are submitted at the request of the State during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence.

A. Final executed contract B. Modifications and clarifications C. Solicitation and amendments D. Awarded vendor proposal

Revised: June 2022 Page 4 of 6 Terms and Conditions for Services

2.3.4. Specific exceptions to this general rule may be noted in a solicitation or final executed contract.

3. CONTRACT

3.1. THIRD PARTY BENEFICIARIES

3.1.1. Using agencies as defined in NRS 333.020(10) and other public entities as defined in NRS 333.469 and 333.470 are intended third party beneficiaries of any contract resulting from this solicitation and may join or use any contract resulting from this solicitation subject to Nevada law.

3.1.2. Public entities in other states or jurisdictions may join or use any resulting contract from this solicitation subject to cooperative contracting laws in their respective state or jurisdiction.

3.1.3. The State is not liable for obligations of any other entity which joins or uses any contract resulting from this solicitation.

3.2. ADMINISTRATIVE FEE

3.2.1. The State may implement an administrative fee of not more than 1% on contracts procured or negotiated by the State

Purchasing Division pursuant to NRS 333.450.

3.2.2. This fee may be assessed over the time of the contract period.

3.2.3. Vendors will be provided 30 days written notice before fees are assessed.

3.2.4. Fees shall be paid quarterly, 45 days after the close of the quarter, on all purchases under the contract.

3.3. AWARD OF RELATED CONTRACTS

3.3.1. The State may undertake or award supplemental contracts for work related to a project or any portion thereof.

3.3.2. Contractor shall be bound to cooperate fully with such other contractors and the State in all cases.

3.3.3. All subcontractors shall be required to abide by this provision as a condition of the contract between the subcontractor and the prime contractor.

3.4. DISCRIMINATION

3.4.1. The State, 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 federal Regulations, hereby notifies all bidders it will affirmatively ensure that for any contract entered into pursuant to this solicitation, all contractors will be afforded full opportunity to submit proposals and will not be discriminated against on the grounds of the owner’s race, color, national origin, sex, age, disability, income-level, or LEP in consideration for award.

3.4.2. Pursuant to NRS Chapter 613 in connection with the performance of work under this contract, the contractor agrees not to unlawfully discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation or age, including, without limitation, with regard to 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, without limitation apprenticeship.

3.4.3. The contractor further agrees to insert this provision in all subcontracts, hereunder, except subcontracts for standard commercial supplies or raw materials.

3.5. PROTECTION OF SENSITIVE INFORMATION

3.5.1. Confidential personal data shall be encrypted.

3.5.2. Any electronic transmission of personal information shall comply with NRS 603A.215 (2 & 3).

3.5.3. Sensitive data shall be encrypted in all newly developed applications.

3.6. STATE OWNED PROPERTY. Contractor shall be responsible for proper custody and care of any State-owned property furnished by the State for use in connection with performance of a contract and shall reimburse the State for any loss or damage.

3.7. INSPECTION/ACCEPTANCE/COMPLETION OF WORK

3.7.1. It is expressly understood and agreed all work done by Contractor shall be subject to inspection and acceptance by the

State.

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3.7.2. Progress inspections and approval by the State shall not forfeit the right to require correction of faulty workmanship or material at any time during work and warranty periods.

3.7.3. Nothing contained herein shall relieve Contractor of responsibility for proper installation and maintenance of work, materials and equipment required under the terms of the contract until all work has been completed and accepted by the State.

3.7.4. Prior to completion of all work, Contractor shall remove from premises all equipment and materials belonging to Contractor.

3.7.5. Upon completion of the work, Contractor shall leave site in a clean and neat condition satisfactory to the State.

3.8. RIGHT TO PUBLISH

3.8.1. All requests for publication or release of any information pertaining to a solicitation and any subsequent contract shall be in writing and sent to the head of the using agency or designee.

3.8.2. No announcement concerning award of a contract due to a solicitation can be made without prior written approval of the head of the using agency or designee.

3.8.3. As a result of selection of a vendor to supply requested services, the State is neither endorsing nor suggesting the vendor is the best or only solution.

3.8.4. Contractor shall not use, in its external advertising, marketing programs, or other promotional efforts, any data, pictures or other representation of any State facility, except with specific advance written authorization of the head of the using agency or designee.

3.8.5. Throughout the term of the contract, Contractor shall secure the written approval prior to the release of any information pertaining to work or activities covered by the contract.

3.9. TRAVEL

3.9.1. If part of the contact, will follow processes below.

3.9.2. All travel shall be approved in writing in advance by the State.

3.9.3. Requests for reimbursement of travel expenses shall be submitted on the State claim for travel expense form with original receipts for all expenses.

3.9.4. Travel expense form, with original signatures, shall be submitted with Contractor invoice.

3.9.5. Contractor shall be reimbursed travel expenses and per diem at rates allowed for State employees at time travel occurs.

3.9.6. State is not responsible for payment of any premium, deductible or assessments on insurance policies purchased by

Contractor for a rental vehicle.

4. FEDERAL LAWS AND AUTHORITIES

4.1. CERTIFICATION. Any person who requests or receives a Federal contract, grant, loan, or cooperative agreement shall file with the using agency a certification that the person making the declaration has not made, and shall not make, any payment prohibited by subsection (a) of 31 U.S.C. 1352.

4.2. COMPLIANCE

4.2.1. Federal laws and authorities with which the awarded vendor shall be required to comply, as applicable, are listed here but are not meant to be exhaustive. Awarded vendors are responsible for an awareness of, and compliance with, State and federal laws and regulations.

4.2.2. Archeological and Historic Preservation Act of 1974, PL 93-291

4.2.3. Clean Air Act, 42 U.S.C. 7506(c)

4.2.4. Endangered Species Act 16 U.S.C. 1531, ET seq.

4.2.5. Executive Order 11593, Protection and Enhancement of the Cultural Environment

4.2.6. Executive Order 11988, Floodplain Management

4.2.7. Executive Order 11990, Protection of Wetlands

4.2.8. Farmland Protection Policy Act, 7 U.S.C. 4201 ET seq.

4.2.9. Fish and Wildlife Coordination Act, PL 85-624, as amended.

4.2.10. National Historic Preservation Act of 1966, PL 89-665, as amended.

4.2.11. Safe Drinking Water Act, Section 1424(e), PL 92-523, as amended.

4.2.12. Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended.

4.2.13. Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Revised: June 2022 Page 6 of 6 Terms and Conditions for Services

Grants or Loans

4.2.14. Age Discrimination Act, PL 94-135

4.2.15. Civil Rights Act of 1964, PL 88-352

4.2.16. Section 13 of PL 92-500, Prohibition against sex discrimination under the Federal Water Pollution Control Act

4.2.17. Executive Order 11246, Equal Employment Opportunity

4.2.18. Executive Orders 11625 and 12138, Women’s and Minority Business Enterprise

4.2.19. Rehabilitation Act of 1973, PL 93, 112

4.2.20. Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 91-646

4.2.21. Executive Order 12549 – Debarment and Suspension

4.2.22. Davis-Bacon Act 40 U.S.C. 3141-3148

4.2.23. Contract Work Hours and Safety Standards Act 40 U.S.C. 3701-3708

4.2.24. Rights to Inventions Made Under a Contract or Agreement 37 CFR §401.2(a)

4.2.25. Byrd Anti-Lobbying Amendment 31 U.S.C. 1352

4.2.26. Americans With Disabilities Act of 1990, PL 101-336

4.2.27. Health Insurance Portability and Accountability Act of 1996, PL 104-191

4.2.28. Equal Pay Act of 1963, PL 88-38

4.2.29. Genetic Information Nondiscrimination Act, PL 110-233

5. FINANCIAL

5.1. TAX EXEMPT. The State shall not be liable for Federal, State, or Local excise taxes per NRS 372.325.

5.2. BILLING

5.2.1. The State does not issue payment prior to receipt of goods or services.

5.2.2. Contractor shall bill the State as outlined in the approved contract and/or payment schedule.

5.2.3. Timeliness of Billing. The State is on a fiscal year calendar, running July 1 through June 30. All billings for dates of service prior to July 1 shall be submitted to the State no later than the first Friday in August of the same year. A billing submitted after the first Friday in August and processed as a stale claim pursuant to NRS 353.097, shall subject Contractor to an administrative fee not to exceed $100.00. This is the estimate of additional costs to the State for processing the billing as a stale claim and this amount shall be deducted from the stale claim payment due Contractor.

5.3. PAYMENT

5.3.1. Upon review and acceptance by the State, payments for invoices are normally made within 45 – 60 days of receipt, providing all required information, documents and/or attachments have been received.

5.3.2. Pursuant to NRS 227.185 and NRS 333.450, the State shall pay claims for supplies, materials, equipment, and services electronically, unless determined by the State Controller that electronic payment would cause the payee to suffer undue hardship or extreme inconvenience.

5.3.3. Procurement Card Program. Program is issued through a major financial institution and treated like any other major credit card. Using agencies may desire to use card as a method of payment. No additional charges or fees shall be imposed for using card. Please indicate in Vendor Information Response if willing to accept this method of payment.

ES-24-01 Insurance Schedule Page 1 of 3

ATTACHMENT BB

INSURANCE SCHEDULE

INSURANCE REQUIREMENTS:

Consultant and sub-consultants shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or sub-consultants.

The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract.

The State in no way warrants that the minimum limits contained herein are sufficient to protect the Consultant from liabilities that might arise out of the performance of the work under this Contract by the Consultant, his agents, representatives, employees, or sub-consultants. Consultant is free to purchase such additional insurance as may be determined necessary.

A. MINIMUM SCOPE AND LIMITS OF INSURANCE - Consultant shall provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis.

1. Commercial General Liability – Occurrence Form

Policy shall include bodily injury, property damage, broad form contractual liability.

• General Aggregate $2,000,000

• Products – Completed Operations Aggregate $1,000,000

• Personal and Advertising Injury $1,000,000

• Each Occurrence $1,000,000

a. The policy shall be endorsed to include the following additional insured language: "The

State of Nevada, Colorado River Commission of Nevada shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Consultant".

2. Automobile Liability Bodily injury and property damage for any owned, hired, and non-owned vehicles used in the performance of this Contract.

Combined Single Limit (CSL) $1,000,000

a. The policy shall be endorsed to include the following additional insured language: "The State of Nevada, Colorado River Commission of Nevada shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Consultant, including automobiles owned, leased, hired or borrowed by the Consultant".

3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $100,000 Disease – Each Employee $100,000 Disease – Policy Limit $500,000

a. Policy shall contain a waiver of subrogation against the State of Nevada.

b. This requirement shall not apply when a contractor or subcontractor is exempt under

N.R.S., AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form.

ES-24-01 Insurance Schedule Page 2 of 3

4. Professional Liability (Errors and Omissions Liability) The policy shall cover professional negligence by Contractor in its performance of the Scope of Services of this contract.

Each Claim $1,000,000 Annual Aggregate $2,000,000

a. In the event that any professional liability insurance required by this Contract is written on a claims-made basis, Consultant warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.

b. Policy shall contain a waiver of subrogation against the State of Nevada.

B. ADDITIONAL INSURANCE REQUIREMENTS: The policies shall include, or be endorsed to include, the following provisions:

1. On insurance policies where the State of Nevada is named as an additional insured, the State shall be an additional insured to the full limits of liability purchased by the Consultant even if those limits of liability are in excess of those required by this Contract.

2. The Consultant's insurance coverage shall be primary insurance and non-contributory with respect to all other available sources.

C. NOTICE OF CANCELLATION: Contractor shall for each insurance policy required by the insurance provisions of this Contract shall not be suspended, voided or canceled except after providing thirty (30) days prior written notice been given to the State, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be sent directly to Colorado River Commission of Nevada 555 E. Washington Ave, Suite 3100, Las Vegas, NV 89101. Should contractor fail to provide State timely notice, contractor will be considered in breach and subject to cure provisions set forth within this contract.

D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Nevada and with an “A.M. Best” rating of not less than A-VII. The State in no way warrants that the above-required minimum insurer rating is sufficient to protect the Consultant from potential insurer insolvency.

E. VERIFICATION OF COVERAGE: Consultant shall furnish the State with certificates of insurance (ACORD form or equivalent approved by the State) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

All certificates and any required endorsements are to be received and approved by the State before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract or to provide evidence of renewal is a material breach of contract.

All certificates required by this Contract shall be sent directly to Colorado River Commission of Nevada 555 E. Washington Ave, Suite 3100, Las Vegas, NV 89101. The State project/contract number and project description shall be noted on the certificate of insurance. The State reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time.

F. SUBCONSULTANTS: All required sub-consultants' certificates and endorsements are to be received and approved by the State before work commences. All insurance coverages for sub-consultants shall be subject to the minimum requirements identified above, unless otherwise specified in this Contract.

ES-24-01 Insurance Schedule Page 3 of 3

G. APPROVAL: Any modification or variation from the insurance requirements in this Contract shall be made by the State Attorney General’s Office or the Risk Manager, whose decision shall be final. Such action will not require a formal Contract amendment, but may be made by administrative action.

Independent Contractor’s Signature Date Title

Signature – State of Nevada Date Title

COST SCHEDULE

Engineering Services

Vendor Name:

Direct Labor – Job Titles Hourly Rate

*Prevailing Wage applied to Land Surveying classifications.

RFP No. ES-24--01 ggoodman Cross-Out

PROPOSED STAFF RESUME

Revised: April 2020 Page 1 of 2

A resume must be completed for all key proposed prime contractor staff and proposed subcontractor staff.

Name of Company Submitting Proposal:

Check the appropriate box if the proposed individual is prime contractor staff or subcontractor staff

Contractor Staff: Subcontractor Staff:

The following information requested pertains to the individual being proposes for this project.

Name:

Key Personnel:

(Yes or No)

Individual’s Title:

Years in Classification: Years with Firm:

BRIEF SUMMARY OF PROFESSIONAL EXPERIENCE

Information shall include a summary of the proposed individual’s professional experience.

RELEVANT EXPERIENCE

Information required shall include timeframe, company name, company location, position title held during the term of the contract/project and details of contract/project.

EDUCATION

Information required shall include institution name, city, state, degree and/or achievement and date completed/received.

CERTIFICATIONS

Information required shall include type of certification and date completed/received.

PROPOSED STAFF RESUME

Revised: April 2020 Page 2 of 2

REFERENCES

A minimum of three (3) references are required.

Reference #1:

Name:

Title:

Phone Number:

Email Address:

Reference #2:

Name:

Title:

Phone Number:

Email Address:

Reference #3:

Name:

Title:

Phone Number:

Email Address:

REFERENCE QUESTIONNAIRE

Revised: April 2021 Page 1 of 3

1. BUSINESS REFERENCE INSTRUCTIONS

1.1. As part of a Request for Proposals (RFP) the State of Nevada is requesting Proposing Vendors submit references from current and/or former customers for projects of similar size and scope.

1.1.1. This Reference Questionnaire is to provide a business reference for the company (Proposing Vendor) in Section 2.

1.1.2. Once you have completed the Reference Questionnaire please submitted to the email address in Section 2.

1.1.3. Please reference the RFP Number in Section 2 in the email subject line.

1.1.4. The completed Reference Questionnaire must be received no later than the due date in Section 2.

1.1.5. Do not return the Reference Questionnaire to the Proposing Vendor.

1.2. In addition to the Reference Questionnaire, the State may contact references by phone for further clarification.

1.3. The State requests all questions be answered.

1.3.1. If an answer is not known, please answer as ‘U/K’.

1.3.2. If the question is not applicable, please answer as ‘N/A’.

1.3.3. If additional space is needed to answer a question or provide a comment, please attach additional pages.

1.3.4. If attaching additional pages, please place your company/organization name on each page and reference the appropriate

RFP number.

1.4. Completed Reference Questionnaires are designated as confidential business information by the Administrator pursuant to NRS 333.020(5(b) and not public information pursuant to NRS 333.333.

2. PROPOSING VENDOR TO COMPLETE

RFP NUMBER DUE DATE

STATE SINGLE POINT OF CONTACT EMAIL ADDRESS

NAME OF PROPOSING VENDOR

IF APPLICABLE, NAME OF SUBCONTRACTOR FOR PROPOSING VENDOR

3. COMPANY PROVIDING REFERENCE

CONFIDENTIAL INFORMATION WHEN COMPLETED

Company Providing Reference:

Contact Name:

Title:

Contact Telephone:

Contact Email Address:

Revised: April 2021 Page 2 of 3

4. RATING SCALE FOR RESPONSE TO QUESTIONS

4.1. Where a rating is requested and using the Rating Scale provided below, rate the questions in Section 5, Questions by noting the appropriate number for each item.

4.2. Please provide any additional comments you feel would be helpful to the State regarding this vendor.

Category Rating

Poor or Inadequate Performance 0

Below Average Performance 1 – 3

Average Performance 4 – 6

Above Average Performance 7 – 9

Excellent Performance 10

5. QUESTIONS

QUESTION COMMENT RATING

In what capacity have you worked with this vendor in the past?

N/A

Rate the vendor’s knowledge and expertise.

Rate the vendor’s flexibility relative to changes in the project scope and timelines.

Rate your level of satisfaction with soft and/or hard copy materials produced by the vendor.

Rate the dynamics/interaction between the vendor and your staff.

Rate your satisfaction with the products developed by the vendor.

Rate how well the agreed upon, planned schedule was consistently met and deliverables provided on time.

(This pertains to delays under the control of the vendor.)

Revised: April 2021 Page 3 of 3

QUESTION COMMENT RATING

Rate the overall customer service and timeliness in responding to customer service inquiries, issues, and resolutions.

Rate the knowledge of the vendor’s assigned staff and their ability to accomplish duties as contracted.

Rate the accuracy and timeliness of the vendors billing and/or invoices.

Rate the vendor’s ability to quickly, and thoroughly resolve a problem related to the services provided.

Rate the vendor’s flexibility in meeting business requirements.

Did the vendor have a local office and/or contact. If so, how satisfied were you with their response time and customer service.

Rate the likelihood of your company/organization recommending this vendor to others in the future.

With which aspect(s) of this vendor’s services are you most satisfied?

N/A

Would you recommend this vendor to your organization again?

N/A

6. GENERAL INFORMATION

6.1. DATES OF SERVICES PROVIDED

6.1.1. During what period did the vendor provide these services for your organization?

6.1.2. Include both the month and the year in the table below:

From:

To:

VENDOR INFORMATION RESPONSE

Revised: April 2021 Page 1 of 4

Vendors shall complete and return this form in their proposal.

If the proposal includes subcontractors, form must be completed for each subcontractor as well.

1. VENDOR CONTACT INFORMATION

COMPANY NAME AND CONTACT INFORMATION:

The information provided in the table below shall be used for development of the contract, if awarded.

Requested Information Response

Company Name:

Company Street Address:

City, State, Zip Code:

Telephone Number, including area code:

Toll Free Number, including area code:

Email Address:

CONTACT PERSON FOR QUESTIONS/CONTRACT NEGOTIATIONS

Requested Information Response

Name:

Title:

Address:

City, State, Zip Code:

Email Address:

Telephone Number, including area code:

Toll Free Number, including area code:

4.3.4_A

Revised: April 2021 Page 2 of 4

2. VENDOR INFORMATION

Vendors shall provide an overall company profile in the following table:

Question Response

Company Name:

Ownership (sole proprietor, partnership, etc.):

State of Incorporation:

Date of Incorporation:

# of years in business:

List of top officers:

Location of company headquarters, to include City and State:

Location(s) of the office that shall provide the services described in this RFP:

Number of employees locally with the expertise to support the requirements identified in this RFP:

Number of employees nationally with the expertise to support the requirements in this RFP:

Location(s) from which employees shall be assigned for this project:

VENDOR LICENSING

2.2.1 Please be advised: Pursuant to NRS 80.010, a corporation organized pursuant to the laws of another state shall register with the State of Nevada, Secretary of State’s Office as a foreign corporation before a contract can be executed between the State of Nevada and the awarded vendor, unless specifically exempted by NRS 80.015.

2.2.2 The selected vendor, prior to doing business in the State of Nevada, shall be appropriately licensed by the State of Nevada, Secretary of State’s Office pursuant to NRS 76. Information regarding the Nevada Business License can be located at http://nvsos.gov.

Question Response

Nevada Business License Number:

Legal Entity Name:

Is the Legal Entity Name the same name as vendor is Doing Business As (DBA)? Yes No

If the answer is ‘No’, provide explanation below:

Revised: April 2021 Page 3 of 4

STATE OF NEVADA EXPERIENCE

Question Response

Has the vendor ever been engaged under contract by any State of Nevada agency? Yes No

2.3.1 If ‘Yes’, complete the following table for each State agency for whom the work was performed.

2.3.2 Table can be duplicated for each contract being identified.

Question Response

State Agency Name:

State Agency Contact Name:

Dates Services Were Performed:

Type of Duties Performed:

Total Dollar Value of the Contract:

CURRENT OR FORMER EMPLOYEE

Question Response

Are you now or have you been within the last two (2) years an employee of the State of Nevada, or any of its agencies, departments, or divisions? Yes No

If ‘Yes’, please explain when the employee is planning to render services; i.e., while on annual leave, compensatory time, or on their own time?

2.4.1 If you employ (a) any person who is a current employee of an agency of the State of Nevada, or (b) any person who has been an employee of an agency of the State of Nevada within the past two (2) years, and if such person shall be performing or producing the services which you shall be contracted to provide under this contract, you shall disclose the identity of each such person in your response to this RFP, and specify the services that each person shall be expected to perform.

PRIOR OR ONGOING CONTRACTUAL ISSUES

2.5.1 Disclosure of any significant prior or ongoing contract failures, contract breaches, civil or criminal litigation in which the vendor has been alleged to be liable or held liable in a matter involving a contract with the State of Nevada or any other governmental entity.

2.5.2 Any pending claim or litigation occurring within the past six (6) years which may adversely affect the vendor’s ability to perform or fulfill its obligations if a contract is awarded as a result of this RFP shall also be disclosed.

Question Response

Does any of the above apply to your company? Yes No

2.5.3 If ‘Yes’, please provide the information in the table below.

2.5.4 Table can be duplicated for each issue being identified.

Revised: April 2021 Page 4 of 4

Question Response

Date of alleged contract failure or breach:

Parties involved:

Description of the contract failure, contract breach, or litigation, including the products or services involved:

Amount in controversy:

Resolution or current status of the dispute:

If the matter has resulted in a court case:

Court Case Number

Status of the litigation:

3. PAYMENT AUTHORIZATION FOR USE OF PROCUREMENT CARD

Using agencies may desire to use a Procurement Card as a method of payment to vendors.

PAYMENT AUTHORIZATION FOR USE OF PROCUREMENT CARD

Question Response

Please indicate if you will accept this method of payment? Yes No

4. NAME OF INDIVIDUAL AUTHORIZED TO BIND THE ORGANIZATION

Requested Information Response

Name:

Title:

SIGNATURE OF INDIVIDUAL AUTHORIZED TO BIND THE VENDOR

Individual shall be legally authorized to bind the vendor per NRS 333.337

Signature:

Date:

VENDOR CERTIFICATIONS

Revised: April 2021 Page 1 of 1

Vendor agrees and shall comply with the following:

1. Any and all prices that may be charged under the terms of the contract do not and shall not violate any existing federal, State or municipal laws or regulations concerning discrimination and/or price fixing. The vendor agrees to indemnify, exonerate and hold the State harmless from liability for any such violation now and throughout the term of the contract.

2. All proposed capabilities can be demonstrated by the vendor.

3. The price(s) and amount of this proposal have been arrived at independently and without consultation, communication, agreement or disclosure with or to any other contractor, vendor or potential vendor.

4. All proposal terms, including prices, shall remain in effect for a minimum of 180 days after the proposal due date. In the case of the awarded vendor, all proposal terms, including prices, shall remain in effect throughout the contract negotiation process.

5. No attempt has been made at any time to induce any firm or person to refrain from proposing or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal. All proposals shall be made in good faith and without collusion.

6. All conditions and provisions of this RFP are deemed to be accepted by the vendor and incorporated by reference in the proposal, except such conditions and provisions that the vendor expressly excludes in the proposal. Any exclusion shall be in writing and included in the proposal at the time of submission.

7. Each vendor shall disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict shall be disclosed. By submitting a proposal in response to this RFP, vendors affirm that they have not given, nor intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or any employee or representative of same, in connection with this procurement.

Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest shall automatically result in the disqualification of a vendor’s proposal. An award shall not be made where a conflict of interest exists. The State shall determine whether a conflict of interest exists and whether it may reflect negatively on the State’s selection of a vendor. The State reserves the right to disqualify any vendor on the grounds of actual or apparent conflict of interest.

8. All employees assigned to the project are authorized to work in this country.

9. The company has a written equal opportunity policy that does not discriminate in employment practices with regard to race, color, national origin, physical condition, creed, religion, age, sex, marital status, sexual orientation, developmental disability or disability of another nature.

10. The company has a written policy regarding compliance for maintaining a drug-free workplace.

11. Vendor understands and acknowledges that the representations within their proposal are material and important and shall be relied on by the State in evaluation of the proposal. Any vendor misrepresentations shall be treated as fraudulent concealment from the State of the true facts relating to the proposal.

12. Vendor shall certify that any and all subcontractors comply with Sections 7, 8, 9, and 10, above.

The proposal shall be signed by the individual(s) legally authorized to bind the vendor per NRS 333.337.

Company Name:

Print Name:

Signature:

4.3.4_B

CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or shall be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Vendor Name:

Project Title:

Print Name of Official Authorized to Sign Application:

Signature of Official Authorized to Sign Application:

4.3.4_C

CONFIDENTIALITY AND CERTIFICATION OF INDEMNIFICATION

Submitted proposals, which are marked confidential in their entirety, or those in which a significant portion of the submitted proposal is marked confidential shall not be accepted by the State of Nevada. Pursuant to NRS 333.333, only proprietary information may be labeled a trade secret as defined in NRS 600A.030(5). All proposals are confidential until the contract is awarded; at which time, both successful and unsuccessful vendor proposals become public information.

In accordance with the submittal instructions of this RFP, vendors are requested to submit confidential information in separate files flagged as confidential in NevadaEPro.

The State shall not be responsible for any information contained within the proposal. If vendors do not comply with the labeling requirements, proposals shall be released as submitted. In the event a governing board acts as the final authority, there may be public discussion regarding the submitted proposals that shall be in an open meeting format, the proposals shall remain confidential.

By signing below, I understand it is my responsibility as the vendor to act in protection of the labeled information and agree to defend and indemnify the State of Nevada for honoring such designation. I duly realize failure to so act shall constitute a complete waiver, and all submitted information shall become public information; additionally, failure to label any information that is released by the State shall constitute a complete waiver of any and all claims for damages caused by the release of the information.

If this proposal contains Confidential Information, Trade Secrets and/or Proprietary information. Please initial the appropriate response in the boxes below and provide the justification for confidential status. Attached additional pages if necessary.

Proprietary Information Yes No

Justification for Confidential Status:

Company Name:

Signature:

Print Name:

4.3.4_D