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Prepared for:

City of Carlin 151 South 8th Street

Carlin, NV 89822

CONSISTS OF:

BIDDING REQUIREMENTS

PROPOSAL FORMS

CONDITIONS OF THE CONTRACT

TECHNICAL SPECIFICATIONS

Prepared by:

DOWL, LLC

421 Court Street

Elko, Nevada 89801

(775) 738-2121

ARTHUR SPRING WATER MAIN

REPLACEMENT PROJECT

JULY 2026

Logan Jensen Digitally signed by Logan Jensen DN: CN=Logan Jensen, OU=Standard, OU=Users, OU=Staff, DC=DOWL, DC=COM Reason: I am approving this document Date: 2026.08.10 10:20:35-07'00'

CITY OF CARLIN

151 S. 8th St., Carlin, NV 89822

(775) 754-6354 www.cityofcarlin.com

Table of Contents

1.0 INVITATION TO BID

2.0 INSTRUCTIONS TO BIDDERS

3.0 PUBLIC WORKS CONTRACT

ARTICLE ONE - DESCRIPTION OF WORK

ARTICLE TWO - CONTRACT PRICE

ARTICLE THREE - STARTING AND COMPLETION DATES

ARTICLE FOUR - CONTRACT DOCUMENTS

ARTICLE FIVE - DUTIES AND AUTHORITY OF THE OWNER

ARTICLE SIX - RESPONSIBILITIES OF CONTRACTOR

ARTICLE SEVEN - INSURANCE

ARTICLE EIGHT - CORRECTING WORK

ARTICLE NINE - CONTRACTOR’S WARRANTY

ARTICLE TEN - MANUFACTURER’S WARRANTIES

ARTICLE ELEVEN - CHANGES IN THE WORK

ARTICLE TWELVE - CHANGE OF CONTRACT PRICE

ARTICLE THIRTEEN - CHANGE OF THE CONTRACT TIME

ARTICLE FOURTEEN - NOTICES

ARTICLE FIFTEEN - EARLY TERMINATION FOR FAILURE TO REMEDY DEFAULT

ARTICLE SIXTEEN - LIQUIDATED DAMAGES

ARTICLE SEVENTEEN - ADDITIONAL PROVISIONS

4.0 EXHIBITS

EXHIBIT 1 - BID FORM

EXHIBIT 2 - BID PROPOSAL GUARANTEE

EXHIBIT 3 - EXPERIENCE QUALIFICATIONS

EXHIBIT 5 - AFFIDAVIT OF NON-COLLUSION

EXHIBIT 6 - CERTIFICATION OF BIDDER REGARDING PENALTIES FOR NON-COMPLIANCE

WITH NEVADA PREVAILING WAGE REQUIREMENTS

EXHIBIT 7 - FRINGE BENEFIT PLAN, FUND OR PROGRAM DISBURSEMENT INFORMATION

EXHIBIT 8 – PREFERENTIAL BIDDER STATUS AFFIDAVIT

EXHIBIT 10 - DRAWINGS

EXHIBIT 11 - PERFORMANCE BOND

EXHIBIT 12 - PAYMENT BOND

EXHIBIT 13 - NOTICE OF AWARD

EXHIBIT 14 - NOTICE TO PROCEED

EXHIBIT 15- STANDARD SPECIFICATIONS AND DETAILS FOR PUBLIC WORKS

CONSTRUCTION (ORANGE BOOK), 2012 REVISED EDITION

EXHIBIT 16 - GENERAL PROVISIONS

EXHIBIT 17 - SPECIAL OR SUPPLEMENTAL PROVISIONS

EXHIBIT 18 - TECHNICAL SPECIFICATIONS

EXHIBIT 19 - PREVAILING WAGE RATES – NORTHERN NEVADA RURAL REGION

1.0 INVITATION TO BID

Sealed bid proposals will be accepted until 2:00 P.M., Pacific Time, September 8, 2026, at the office of the Carlin City Clerk; 151 South 8th Street; Carlin, Nevada 89822, for the following:

ARTHUR SPRING WATER MAIN REPLACEMENT PROJECT

PWP-EL-2026-501

Bid proposals received by the City Clerk after the above-stated time will not be accepted.

Bidders mailing their bids assume the risk of late delivery. The bids will be publicly opened and read aloud at 2:05 P.M., Pacific Time, on the same day at the same location.

Bidding documents, plans, specifications and contract documents can be obtained free of charge electronically from the following designated website:

https://pbsystem.planetbids.com/portal/48213/portal-home

Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder for this project prior to submitting bids for this project. The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All bidders shall attend the mandatory Pre-Bid Conference for the Project at the time and location stated below to be eligible to submit a construction bid. Questions from bidders will be due 7 days prior to bid acceptance.

Bid proposals must be submitted on the prescribed forms and accompanied by security in the amount, form and subject to the conditions listed in the Instructions to Bidders. Bid proposals will be opened at City Hall immediately after the above deadline, with the bid amounts submitted being read aloud by City Staff to the interested parties present, if any.

All interested parties are invited to be in attendance at the bid opening. Contractors will be required to have a current Carlin City business license prior to time of contract execution;

moreover, a current Nevada State contractor’s license of the proper classification to perform the project work is required at the time of the Project bid opening.

All bids must be submitted in a sealed envelope that is legibly marked “ARTHUR SPRING WATER MAIN REPLACEMENT PROJECT, PWP EL-2026-501”. City staff shall thoroughly review all bid proposals for conformance with the contract documents prior to making a written recommendation for award to the Carlin City Council.

The award will be made to the lowest responsive and responsible bidder to the extent and in the manner required by law, unless all bids are rejected. The lowest responsive and responsible bidder shall be determined on the basis of price, conformance to plans and/or specifications, the bidder's qualifications, conformance to applicable sections of NRS Chapter 338, and the best interest of the public.

The mandatory Pre-Bid Conference will be held at Carlin Public Works, 820 Oak Street; Carlin, Nevada 89822 on August 18, 2026 at 10:00 A.M., Local Time.

The City Council may formally award the contract to the successful bidder at its regularly scheduled meeting at City Hall on September 23, 2026. The City Council may, in its sole discretion, reject all bids.

LABOR COMMISSIONER: The Nevada Labor Commissioner’s identifying project number is EL-2026-501 for this project. NRS 338.013(1) requires the Labor Commissioner’s identifying number to be included in any bid or other document submitted in response to the advertisement or other type of solicitation.

The City of Carlin reserves the right to accept or reject any and/or all items specified in the bid proposal and further reserves the right to waive any minor technicalities in the bidding documents.

Dated this 4th day of August, 2026.

Carlin City Council

BY: Cameron Kinney Carlin – Mayor

Publish: Elko Daily Free Press – August 8, 2026

2.0 INSTRUCTIONS TO BIDDERS

Bids are requested for a general construction contract, or work described in general, as follows:

1) The City of Carlin (City) will receive sealed bids from Bidders until 2:00 P.M; Pacific

Time, on September 8, 2026. Bids received after this time will not be opened or accepted and will be returned unopened.

2) The site visit and mandatory Pre-Bid Conference will be held at Carlin Public

Works, 820 Oak Street; Carlin, Nevada 89822 on August 18, 2026 at 10:00 A.M., Local Time. The City or an authorized representative will transmit to all prospective Bidders of record such Addenda as the City or its authorized representative in his discretion considers necessary in response to questions arising at the Pre-bid Conference. Oral statements by City representatives may not be relied upon and will not be binding upon the City. Minutes of the Pre-bid Conference issued by the City or authorized representative, if any, and Addenda issued as a result of the Pre-bid Conference, if any, shall constitute the sole and exclusive record and statement of the results of the Pre-bid Conference. Questions from bidders will be due 7 days prior to bid acceptance.

3) The apparent Low Bid will be based solely on the total amount of all bid items and any additive or deductive alternates selected for award by the City. All Bidders are required to submit Bids on all bid items, including all additive and deductive alternates. Additive and deductive alternates will be awarded at the sole discretion of the City. If Alternate Bids are requested on this Project, the following applies: The priority of Alternate Bids will be announced by the City prior to the opening of bids. The City reserves the right to reject all Base Bids and all Alternate Bids. If the City elects not to reject all Bids, it will, prior to the award, first determine which one or more Alternates to accept; then the City will evaluate the lowest responsive and responsible Bidder based upon the Base Bid combined with any Alternates selected. If any Alternates are selected, the fact that a Bidder may have a lower individual Base or Alternate Bid than the individual Bids of the apparent lowest responsive and responsible Bidder is irrelevant, since the successful Bidder will be chosen on the basis of the sum of the Base Bid and the Alternates selected, together with the other relevant factors pursuant to NRS Chapter 338.

4) Bidders must submit bids on the Bid Form supplied by the City, fully completed with all blanks filled in, and signed by an authorized representative of the Bidder. Bids not submitted on the required form, and/or not fully completed and/or not signed by an authorized representative of the Bidder, shall be deemed nonresponsive and shall not be considered, subject to the right of the City to waive minor technical defects that do not give the Bidder an advantage over other Bidders, at its sole discretion.

5) The Nevada Labor Commissioner’s identifying number for this project is EL-2026-501.

NRS 338.013(1) requires that the project identifying number must be included in any bid or other document submitted in response to the advertisement or other type of solicitation.

6) All Bidders must submit a Bid Bond in the form of a cashier's check, a certified check, or a corporate surety bond of not less than five percent (5.0 %) of the amount of the bid, including additive and/or deductive alternates, payable to “The City of Carlin,” with their Bids. The Bid Bond will be forfeited to the City should the bidder to whom the contract is awarded fail to enter into the Contract in accordance with its Bid and the Contract Documents, and/or fail to furnish any other required bonds or certificates of insurance. The Bid Bond is a penalty, as opposed to liquidated damages, and the Bidder will be liable for all damages in excess of the Bid Bond. The Bid Bond will be returned upon signing of the Contract. The Bidder must use the form of Bid Bond required by the City. A Bid submitted without a Bid Bond that complies with all applicable City requirements will be deemed nonresponsive and not considered.

7) NRS 338.141 provides:

1) Except as otherwise provided in subsection (2) next below, each bid submitted must include:

(a) If the City provides a list of the labor or portions of the public work which are estimated by the City to exceed 3 percent of the estimated cost of the public work, the name of each first tier subcontractor who will provide such labor or portion of the work on the public work which is estimated to exceed 3 percent of the estimated cost of the public work; or

(b) If the City does not provide a list of the labor or portions of the public work which are estimated by the City to exceed 3 percent of the estimated cost of the public work, the name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid an amount exceeding 5 percent of the prime contractor's total bid. If the bid is submitted pursuant to this paragraph, within 2 hours after the completion of the opening of the bids, the contractors who submitted the three lowest bids must submit a list containing:

(1) The name of each first-tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid an amount exceeding $250,000.

(2) If any one of the contractors who submitted one of the three lowest bids will employ a first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will not be paid an amount exceeding $250,000, the name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid 1 percent of the prime contractor's total bid or $50,000, whichever is greater.

(3) For each first tier subcontractor whose name is listed pursuant to subparagraph (7)(1)(b)(1) or (7)(1)(b)(2) above, the number of the license issued to the first tier subcontractor pursuant to chapter 624 of NRS.

Forms for the Subcontractors List are provided for Bidder’s use, to include a 5% List and a 1% List.

(2) The lists required by subsection 1 must include a description of the labor or portion of the work which each first-tier subcontractor named in the list will provide to the prime contractor.

(3) A prime contractor shall include its name on a list required by paragraph (a) of subsection 1 if it will perform any of the work required to be listed pursuant to paragraph (a) of subsection 1.

(4) Except as otherwise provided in this subsection, if a contractor:

(a) Fails to submit a required Subcontractors List within the required time; or

(b) Submits a Subcontractors List that includes the name of a subcontractor who, at the time of the submission of the list, is on disqualified status with the State Public Works Board pursuant to NRS 338.1376, the contractor's bid shall be deemed not responsive.

A contractor's bid shall not be deemed not responsive on the grounds that the contractor submitted a list that includes the name of a subcontractor who, at the time of the submission of the list, is on disqualified status with the State Public Works Board pursuant to NRS 338.1376 if the contractor, before the award of the contract, provides an acceptable replacement subcontractor in the manner set forth in subsection 1 of NRS 338.13895.

(5) A contractor whose bid is accepted shall not substitute a subcontractor for any subcontractor who is named in the bid, unless:

(a) The City or its authorized representative objects to the subcontractor, requests in writing a change in the subcontractor and pays any increase in costs resulting from the change.

(b) The substitution is approved by the City or its authorized representative. The substitution must be approved if the City or its authorized representative determines that:

(1) The named subcontractor, after having a reasonable opportunity, fails or refuses to execute a written contract with the contractor which was offered to the named subcontractor with the same general terms that all other subcontractors on the project were offered;

(2) The named subcontractor files for bankruptcy or becomes insolvent;

(3) The named subcontractor fails or refuses to perform his subcontract within a reasonable time or is unable to furnish a performance bond and payment bond pursuant to NRS 339.025; or

(4) The named subcontractor is not properly licensed to provide that labor or portion of the work.

(c) The City or its authorized representative, in awarding the contract pursuant to NRS 338.1375 to 338.139, inclusive:

(1) Applies such criteria set forth in NRS 338.1377 as are appropriate for subcontractors and determines that the subcontractor does not meet that criteria; and

(2) Requests in writing a substitution of the subcontractor.

(6) If a contractor indicates pursuant to subsection 1 that it will perform a portion of work on the public work and thereafter requests to substitute a subcontractor to perform such work, the contractor shall provide to the City a written explanation in the form required by the City which contains the reasons that:

(a) A subcontractor was not originally contemplated to be used on that portion of the public work; and

(b) The substitution is in the best interest of the City.

(7) As used in this section, “general terms” means the terms and conditions of a contract that set the basic requirements for a public work and apply without regard to the particular trade or specialty of a subcontractor, but does not include any provision that controls or relates to the specific portion of the public work that will be completed by a subcontractor, including, without limitation, the materials to be used by the subcontractor or other details of the work to be performed by the subcontractor.

8) All Bids must include a printout from the Nevada State Contractor's Board internet website (http://www.nscb.nv.gov), dated no more than 90 calendar days prior to the date for receipt of Bids, showing that the Bidder has a Nevada Contractor’s license in good standing, and that the license is of the type and the monetary limit is sufficiently high to permit the Bidder to perform the work as a general contractor.

(Must Accompany Bid)

9) A Bid by a corporation, limited liability company, or limited partnership, must include either: (A) for a foreign entity, a Certificate issued by the Nevada Secretary of State within 90 calendar days prior to the date for receipt of Bids, certifying that the Bidder is qualified to do business in the State of Nevada (i.e., a Good Standing Certificate);

or (B) for both foreign and domestic entities, a printout from a Business Entity Search on the Nevada Secretary of State Website within 30 calendar days prior to the date for receipt of Bids showing that the Bidder is an active entity registered in that office, together with any other information about the entity contained on the web page. (Must Accompany Bid)

10) Bidders must supply all information required by the Bid documents, and specifications. Bids must be full and complete. The City Council reserves the right in its sole discretion to reject any Bid as nonresponsive as a result of any error or omission in the Bid.

11) Bids must be clearly written without erasure or deletions. The City Council reserves the right to reject any Bid containing erasures or deletions.

12) Bidders may not modify the Bid Form or qualify their Bids.

13) Submission of a Bid signifies careful examination of the Contract Documents and complete understanding of the nature, extent and location of Work to be performed.

The Bidder must complete the tasks listed in subsections "a" through "e" below, as a condition to bidding, and submission of a Bid shall constitute the Bidder's express representation to the City that the Bidder has fully completed the following:

a) The Bidder has visited and investigated the site where the Work will be performed prior to bidding and is satisfied with all conditions affecting the Work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electrical power, roads and uncertainties of weather, or similar physical conditions at the Project site, and the character of equipment and facilities needed prior to and during prosecution of the Work. The Bidder is satisfied as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from inspection of the Project site, including all exploratory work done by the City, as well as from information presented by the Contract Documents, or any other information made available to the Bidder prior to receipt of bids. Any failure by the Bidder to become acquainted with the available information shall not relieve the Bidder from the responsibility for estimating properly the difficulty or cost of successfully performing the Work.

b) The Bidder shall be entitled to rely upon all information furnished to the

Bidder in writing by the City with respect to the Project site and to make all inferences from it that would reasonably be made by a contractor having knowledge and experience with similar work; however, the Bidder shall not be entitled to infer from City-supplied information any fact or condition which would not be inferred by a bidder having knowledge and experience with similar work and, if the City-supplied information is inadequate or insufficient in any respect, the Bidder shall be required to obtain independently such other information as a knowledgeable and experienced contractor would prudently obtain in order to evaluate any such condition.

c) The Bidder specifically acknowledges familiarity with all Federal, State, and local laws, ordinances, rules, and regulations which may in any manner affect those engaged or employed in the Work, or the materials or equipment in or about the Work, or in any way affect the conduct of the Work.

d) Bidder has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents; and

e) Bidder has given City or authorized representative prompt written notice of all conflicts, errors, ambiguities or discrepancies that it has discovered in or among the Contract Documents; provided, the City reserves the sole and exclusive right, in its discretion, to revise the Contract Documents to the extent permitted by law.

14) Bidders may examine any available "as-built" drawings of previous work by giving

City or authorized representative upon reasonable request, so long as the disclosure of the as-built drawings does not violate the intellectual property rights of a third party. The City will not be responsible for accuracy of "as-built" drawings.

15) All questions about the meaning or intent of the Contract Documents are to be directed to the City or its authorized representative. Interpretations or clarifications considered necessary by the City or its authorized representative in response to such questions will be issued by Addendum mailed or delivered to all persons who were previously supplied the Bidding Documents. Questions received less than seven (7) business days prior to the date for opening Bids may not be answered.

Only questions answered by a formal written Addendum will be binding upon the City. Questions answered in a written format other than an Addendum, or verbal or other unwritten interpretations or clarifications will not be binding upon the City.

16) Addenda may also be issued to modify the Bidding Documents at the discretion of the City.

17) Addenda must be acknowledged by the Bidder in the Bid Form by number.

Addenda are Contract Documents. A complete list of Addenda may be obtained from the City or its authorized representative.

18) For contracts of $100,000.00 or more, subject to certain limited exceptions, NRS

338.020 requires the contractor and all subcontractors to pay at least the prevailing wage set by the Nevada Labor Commissioner in effect at the time of contract award, even if the prevailing wage rates are changed between the time of preparation of the specifications and the time of contract award. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by the Nevada Labor Commissioner and in effect at the time of the printing of the specifications, are included in the specifications. All Bidders are responsible for confirming whether any applicable prevailing wage rates are changed between the time of preparation of the specifications and the time of contract award. Current “Prevailing Wage Rates for Elko County” are included in the attachment at the end of the Contract Technical Specifications for the Project.

19) Pursuant to NRS 338.140(1)(b), the City is prohibited from drafting or causing to be drafted specifications for bids, except in those instances where the product is designated to match others in use on a particular public improvement either completed or in the course of completion, calling for a designated material, product, thing or service by specific brand or trade name unless the specification lists at least two brands or trade names of comparable quality or utility and is followed by the words “or equal” so that bidders may furnish any equal material, product, thing or service. In the event equals are identified in the specifications, bids must be based on products and systems specified, or listed by name, in the Contract Documents or listed by name in Addenda. In the event the term “or equal” is used in the specifications, the following procedure must be followed for the approval of an equal:

a) Any Bidder may request the City or its authorized representative to approve an equal prior to Bid opening, and each Bidder is encouraged to do so as soon as possible if its Bid will include an equal. However, no Bidder is required to make such a request.

b) If an equal item is approved prior to Bid opening, it must be listed on an

Addenda to all prospective Bidders.

c) Requests for approval of an equal must contain sufficient information to permit the City or its representative to assess its suitability and impact on the Project. Insufficient information regarding the suitability of the equal shall be grounds for disapproval.

d) Nevada law permits the Contractor to submit data substantiating a request for approval of an equal up to seven (7) business days after the award.

e) If the request for approval of an “equal” is not given, the Bidder’s Bid must be deemed nonresponsive (and the award rescinded if it has been made).

f) Substitutions may be requested after the Contract has been signed, but only in accordance with requirements specified in the General Conditions and Specifications, and Nevada law.

20) Bids will be received at the City Clerk’s Office at 151 South 8th Street, Carlin, Nevada. Bids will be opened in a conference room at the City offices.

a. Envelopes or boxes containing Bids must be sealed, and marked with name and address of the Bidder, and addressed to:

151 South 8th Street Carlin, Nevada 89822

b. Mark envelopes BID FOR: Arthur Spring Main Replacement Project, PWP-EL-2026-501 or boxes: PROJECT FOR: City of Carlin

21) By 3:00 p.m. of the twentieth calendar day following acceptance of Bids by the

City Council, the bidder must deliver to the City proof that Bidder has taken out for the entire period covered by the proposed contract all insurance policies that would be required to perform the Contract. Proof of insurance may, without limitation, include a declaration page(s) and any other documents reasonably necessary to prove that all required insurance coverages are in effect at the time bids are submitted., Failure to properly and timely submit proof of insurance entitles the City Council to reject the bid as non-responsive, not issue a Notice to Proceed, and award the

Contract to another Bidder.

a. Any bid protest must be submitted in writing to the City Attorney, Lauren

Landa, at the law offices of Goicoechea, Di Grazia, Coyle & Stanton, Ltd., 530 Idaho Street, Elko, Nevada 89801 within five (5) business days after the date the recommendation to award a contract is issued by the City

Council or its authorized representative. The notice of protest must include a written statement setting forth with specificity the reasons the person filing the notice believes the applicable provisions of law were violated. The protest must refer to the specific portions of all documents which form the basis for the protest. The protest must include the name, address and telephone number of the person representing the protesting party. The party filing the protest must concurrently transmit a copy of the initial protest document and any attached documentation to all other Bidders with a direct financial interest which may be adversely affected by the outcome of the protest and/or who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.

b. The City, to include the City Attorney, may investigate the protest.

c. A person filing a notice of protest may be required by the City at the time the notice of protest is filed, to post a bond with a good and solvent surety authorized to do business in the State of Nevada or submit other security, in a form approved by the City, to the City who shall hold the bond or other security until a determination is made on the protest. A bond posted or other security submitted with a notice of protest must be in an amount equal to the lesser of: (a) Twenty-five percent of the total value of the bid submitted by the person filing the notice of protest; or (b) Two hundred fifty thousand dollars.

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

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

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

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

h. Bidders are advised to consult Nevada Revised Statutes 338.142 for requirements applicable to protests of awards of public works contracts.

22) Prior to award, the City Council reserves the right to reject any or all bids to the extent permitted by law including, without limitation, the right to reject any or all responsive bids or bids submitted by bidders determined to be not responsible.

Bidders are advised that any bid may be rejected if the public interest would be served by such a rejection.

23) The City Council also reserves the right to waive technical defects to the extent such defects are minor and the waiver does not provide any bidder with a competitive advantage over any other bidder.

24) Unbalanced bids and conditional bids are nonresponsive. For purposes of this paragraph, an "unbalanced bid" is one having nominal prices for some work items and enhanced prices for other work items. A “conditional bid” is one in which one or more specified prices may change after a bid is submitted.

25) Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between written words and figures, or words and numerals, will be resolved in favor of the words.

26) In evaluating bids to determine the best bid (where required), the City Council will consider the qualifications of bidders; whether the bids are responsive (to include whether the bids comply with the prescribed requirements, and such alternates, unit prices and other data, as are requested in the Bid Form or prior to the Notice of Award); whether the bidder is responsible; whether the quality of the services, materials, equipment or labor offered conforms to the approved plans or specifications; and whether the public interest would be served by such a rejection.

The City may conduct such investigations as the City Council deems necessary to assist in this evaluation.

27) As a requisite to bidding on the work, bidders and their subcontractors must be properly licensed at the time of bid opening to perform all work bid under Chapter 624 of the Nevada Revised Statutes and Chapter 624 of the Nevada Administrative Code.

28) Unless all bids are rejected and except as otherwise provided under Nevada law, the contract will be awarded to the lowest responsive, responsible bidder.

29) For public works contracts of $250,000 or more, NRS 338.147 requires the City to award the contract to the contractor who submits the best bid. Bidders are directed to NRS 338.147 for the criteria used to determine the best bid, which includes criteria for determining the lowest bid.

30) Bids may not be withdrawn (1) within sixty (60) calendar days following the date of bid opening or (2) after the contract has been awarded.

END OF DOCUMENT

3.0 PUBLIC WORKS CONTRACT

(NEVADA REVISED STATUTES CHAPTER 338)

This Contract is made and entered into on this __ day of _____________________, 20__ (hereinafter the “Effective Date”) between the City of Carlin, Nevada, a municipal corporation and political subdivision of the State of Nevada (hereinafter the “Owner”) and:

which party is a (name and describe individual and/or type of business entity, including state of formation or incorporation, where applicable) hereinafter “Contractor.”

R E C I T A L S

WHEREAS, Owner intends to award a contract for the performance of a public works project known as the ARTHUR SPRING MAIN REPLACEMENT PROJECT (hereinafter the “Project”);

WHEREAS, the Project is generally described as follows: The replacement of the existing water main from the Arthur Spring building to the Hamilton Booster pump station with approximately 3,500 linear feet of 12-inch diameter C900 PVC water main and associated appurtenances.

WHEREAS, Contractor was selected to perform the Project in accordance with Chapter 338 of the Nevada Revised Statutes and to complete the work in accordance with the Contract Documents (defined below) (hereinafter the “Work”);

NOW, THEREFORE, for and in consideration of the above recitals and for good and valuable consideration as further described herein, the parties agree as follows:

ARTICLE ONE - DESCRIPTION OF WORK

Contractor shall perform all Work needed to complete the Project in accordance with this

Contract and the documents attached hereto and incorporated herein as

Exhibits 1 through 19, as follows:

Exhibit 1 Bid Form

Exhibit 2 Bid Proposal Guarantee (including Bid Bond, if applicable)

Exhibit 3 Bidder Experience Qualifications

Exhibit 4 Designation of Subcontractors with 1% & 5% Subcontractor Lists

Exhibit 5 Affidavit of Non-Collusion

Exhibit 6 Certification of Bidder Regarding Penalties for Non-Compliance with Nevada Prevailing Wage Requirements

Exhibit 7 Fringe Benefit Plan, Fund or Program Disbursement Information

Exhibit 8 Preferential Bidders Status Affidavit

Exhibit 9 Certification Not to Engage in Boycott of Israel

Exhibit 10 Drawings (including plans, maps, plats and blueprints)

Exhibit 11 Performance Bond

Exhibit 12 Payment Bond

Exhibit 13 Notice of Award

Exhibit 14 Notice to Proceed

Exhibit 15 Standard Specifications and Details for Public Works Construction

(Orange Book) 2012 Revised Edition (see the following URL:

https://rtcwashoe.com/wp-content/uploads/2023/10/2012-

Orange-Book-Rev8_10-19-2018-

PASSWORD_PROTECTED.pdf) (hard copy not attached to

Contract)

Exhibit 16 General Provisions

Exhibit 17 Special or Supplemental Provisions

Exhibit 18 Technical Specifications

Exhibit 19 Prevailing Wage Rates – Northern Nevada Rural Region

This Contract and Exhibits 1 through 19 are herein referred to collectively as the

“Contract Documents.” The Work shall include all items identified as Additive Alternates in the Notice of Award. Unless otherwise indicated in the Contract Documents, the Work shall not include design work, which Owner shall procure through a separate contract or contracts with design professionals, nor shall the Work include work performed by Owner or items identified as Deductive Alternates in the Notice of Award.

In the event of an inconsistency between the terms of this Contract and any of the

Contract Documents attached hereto as Exhibits1 through 19, the terms of this Contract shall prevail.

ARTICLE TWO - CONTRACT PRICE

Owner agrees to pay Contractor for the Work the total price of:

(hereinafter the “Contract Price”), which includes all labor, materials, and (where applicable) architectural and engineering plans necessary for the erection and completion of the Work as described in the Plans and Specifications and in accordance with the

Contract Documents. Payment of the Contract Price is subject to approved additions or approved deductions in accordance with the provisions of this Contract.

ARTICLE THREE - STARTING AND COMPLETION DATES

Construction under this Contract shall begin no later than the date indicated on the

“Notice to Proceed” to be issued by Owner after execution of this Contract. Subject to written extensions of time or delays authorized by Owner or stoppage of Work as permitted in this Contract, the Work shall be substantially completed no later than

75 calendar days after the Commencement Date indicated on the Notice to Proceed document which will be issued by the Owner on or after the Effective Date (hereinafter the “Contract Time”). In the event the Work has not been completed in accordance with the terms of this Contract, including written extensions of time and stoppages of Work as permitted by this Contract, or in the event the Contractor abandons the Work, the Owner may contract with a third party for completion of the Work, in which event the Contractor shall pay to Owner the additional cost for the portion of the Work completed by the third party. The foregoing is in addition to any other remedies provided under this Contract.

ARTICLE FOUR - CONTRACT DOCUMENTS

The Contract Documents on which the Contract between Owner and Contractor is based and which contain the Plans and Specifications in accordance with which the

Work is to be done are as follows:

A. This Contract, with any supplementary contracts and conditions attached hereto which are signed by both parties;

B. Exhibits 1 through 19, which have been incorporated by reference herein; and

C. Written Work Change Orders properly issued.

The Contract Documents together form the contract for the Work herein described.

The parties intend that the Contract Documents include provisions for all labor, materials, equipment, supplies, and other items necessary for the execution and completion of the

Work, and all items and conditions of payment. The documents also include all work and procedures not expressly indicated therein necessary for proper execution of this Project.

ARTICLE FIVE - DUTIES AND AUTHORITY OF THE OWNER

The duties and authority of the Owner are as follows:

A. General Administration of Contract. General administration of the contract to ensure compliance with design plans.

B. Access to Work Site for Inspections. Owner, or Owner’s agents, shall be given free access to the Work at all time during its preparation and progress.

C. Payment and Acceptance of Work.

(1) Application for Progress Payment. As a prerequisite to Contractor’s entitlement to a progress payment, Contractor shall first submit to Owner for review an

Application for Progress Payment filled out and signed by Contractor covering the Work completed to that date, and accompanied by such supporting documentation as is required by the Contract documents. If payment is requested on the basis of materials and equipment not yet incorporated into the Work, but delivered and suitably stored at the site or at another location designated by Contractor, the Application for Progress

Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that Owner has received the materials and equipment free and clear of all liens

(to include lien waivers, if appropriate), charges, security interests and encumbrances, and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner’s interests therein, all of which will be satisfactory to Owner.

(2) Progress Payments. Except as otherwise provided herein, Owner shall pay to Contractor the amount indicated on each Application for Progress Payment within thirty (30) calendar days of the date it is submitted to the Owner. All Progress

Payments are subject to the requirements of NRS 338.515 (Time for making payments;

amounts paid; amounts withheld as retainage; rate of interest paid on amounts withheld;

powers of Labor Commissioner when worker is owed wages), as amended.

(3) Payment Upon Final Completion. Payment of any outstanding balance shall be paid in accordance with NRS 338.520 upon occupancy, use or recording of notice of completion, less amounts previously paid for the Work or amounts which

Owner is required to withhold by order of the Nevada Labor Commissioner pursuant to

NRS 338.515. In the event any liens are filed on the Project, those sums shall be withheld from the final retention payment, until such liens are resolved and removed. Upon final acceptance of the completed Work, Owner may publish a Notice of Completion.

Contractor acknowledges and agrees that “substantial completion” is not equivalent to final completion.

D. Work Performed by Owner. This Contract specifically allows Work to be performed by Owner. Contractor assumes no responsibility for work performed by Owner and Owner shall release and hold harmless Contractor for any deficiencies in such work, and shall indemnify and defend Contractor from and against any and all claims arising from or in any manner related to Work performed by Owner. Owner shall, upon

Contractor’s request, identify in writing all work performed by Owner which is included within the scope of the Work and the Contract Price shall thereafter be reduced by the amount Contractor would have otherwise charged for the work pursuant to the Contract.

ARTICLE SIX - RESPONSIBILITIES OF CONTRACTOR

Contractor’s duties and rights in connection with the project herein are as follows:

A. Responsibility for and Supervision of Construction. Contractor shall be solely responsible for all construction under this Contract, including the techniques, sequences, procedures, and means, and for coordination of all Work. Contractor shall supervise and direct the Work to the best of its ability, and give the Work all attention necessary for such proper supervision and direction.

B. Furnishing of Labor, Materials. Contractor shall provide and pay, if necessary, for all labor, materials, and equipment, including tools, construction equipment, and machinery, utilities, transportation, and all other facilities and services necessary for the proper completion of Work on the project in accordance with the

Contract Documents.

C. Compliance with Construction Laws and Regulations. The Contractor and any subcontractor or other person who provides labor, equipment, materials, supplies or services for the Work shall comply with the requirements of all applicable state and local laws, including, without limitation, any applicable licensing and registration requirements and requirements for the payment of sales and use taxes on equipment, materials and supplies provided for the Work. If any of the Contract Documents are at variance therewith, Contractor shall notify Owner promptly on discovery of such variance.

D. Responsibility for Negligence of Employees and Subcontractors.

Contractor assumes full responsibility for acts, negligence, or omissions of all its employees on this project, for those of its subcontractors and their employees, and for those of all other persons doing Work under a contract with Contractor.

E. Materials Warranty. In addition to any other warranties set forth herein, Contractor represents and warrants to Owner that the materials used in the Work, and made a part of the structure on the Property or placed permanently in connection therewith, will be new unless otherwise specified in the Contract Documents, of good quality, free of defects, and in conformity with the Contract Documents. It is understood between the parties hereto that materials not so in conformity are defective.

F. Clean-up. Contractor agrees to remove all such waste material and rubbish on termination of the project, together with all its tools, equipment, machinery and surplus materials. Contractor agrees, on terminating its Work at the site, to conduct general clean-up operations.

G. Indemnity and Hold Harmless Contract. Contractor agrees to indemnify and hold harmless Owner, and its agents, and employees, from and against all claims, damages, losses, and expenses, including reasonable attorneys’ fees in case it shall be necessary to file an action, arising out of performance of the Work herein, which is (1) for bodily injury, illness, or death, or for property damages including loss of use, and (2) caused in whole or in part by Contractor’s intentional or negligent act or omission. Owner agrees to indemnify and hold harmless Contractor, and its agents, and employees, from and against all claims, damages, losses, and expenses, including reasonable attorneys’ fees in case it shall be necessary to file an action, arising out of performance of the work herein (to include work performed by Owner), which is (1) for bodily injury, illness, or death, or for property damages including loss of use, and (2) caused in whole or in part by Owner’s intentional or negligent act or omission.

H. Safety Precautions and Programs. Contractor has the duty of providing for and overseeing all safety orders, precautions, and programs necessary for the reasonable safety of the Work. In this connection, Contractor shall take reasonable precautions for the safety of all Work employees and other persons whom the Work might affect, all labor and materials incorporated in the project, and all property and improvements on the construction site and adjacent thereto, complying with all applicable laws, ordinances, rules, regulations and orders.

I. Subcontractors. Contractor acknowledges that it has provided Owner with a list or lists of all subcontractors which Contractor shall use for the Work to be performed herein in compliance with NRS 338.141(1)(b).

J. Payment of Materialmen. Contractor shall promptly pay all materialmen, subcontractors and other persons furnishing labor, material, goods or services to the

Work, and shall indemnify and hold Owner harmless from any liens filed by such persons or entities including reasonable attorney fees and court costs incurred in connection herewith.

K. Sales Taxes. Contractor shall be responsible for the payment of all sales, use, gross receipts or other taxes related to Contractor’s Work under this Contract.

L. Worker’s Compensation. Contractor shall, at its sole cost and expense, be responsible for providing or assuring that worker’s compensation coverage is provided to or by, all persons or entities providing labor in connection with the Work as required under the laws of the State of Nevada.

M. Employee Benefits. Contractor shall be responsible at its sole cost and expense for payment of any or all employee benefits taxes, including but not limited to unemployment, social security, retirement, health, welfare or any other fringe benefit in connection with any Work performed by Contractor.

N. Fees, licenses and Permits. Except as otherwise provided in this

Subsection N, Contractor shall be responsible for fees (to include inspection fees), licenses and permits required by a governmental entity, to include, without limitation, the

City of Carlin. Notwithstanding the foregoing, Owner shall pay for or waive the following fees and/or permits to the extent required for the performance of the Work:

1. _Bureau of Safe Drinking Water PWS Application _____________

2. _____________________________________________________

3. _____________________________________________________

4. _____________________________________________________

O. No Assignment of Payments. Contractor shall not assign the right to receive any payments due under this Contract except with the prior written consent of the Owner.

P. Capacity of Contractor. Contractor has the financial capacity to pay all debts incurred in the performance of the Work, and possesses or shall prior to performance acquire all knowledge, equipment, materials, supplies and other means necessary to finally complete the Work within the Contract Time, to include the retention of appropriate subcontractors.

Q. Financial Capacity of Subcontractors. Contractor will ensure that all subcontractors it retains will have the financial capacity to pay all debts incurred in the performance of the portion of the Work for which they are subcontracted, and will possess or shall prior to performance acquire all knowledge, equipment, materials, supplies and other means necessary to finally complete the portion of the Work for which they are subcontracted within the Contract Time.

R. Licensing. Contractor is authorized to do business in the State of Nevada, is licensed for the type of work to be performed herein and holds Nevada Contractor’s

License Number(s):

S. Site Inspection and Research. Contractor has visited the Property and has performed sufficient research necessary to familiarize itself with the Property and any special or local conditions, to include climate, topography and geographic location that have the potential to materially impact its ability to perform the Work within the Contract

Time. Contractor has also reviewed all reasonably available reports (including geotechnical reports), test results, drilling logs and studies pertaining to subsurface conditions at the Property. Based upon the foregoing, Contractor has determined that it can perform the Work within the Contract Time.

ARTICLE SEVEN - INSURANCE

A. Contractor’s Liability Insurance. Contractor agrees to keep in force at his own expense during the entire period of construction of the project such liability insurance as will protect it from claims, under worker’s compensation and other employee benefit laws, for bodily injury and death, and for property damage, that may arise out of work under this Contract, whether directly or indirectly by Contractor, or directly or indirectly by a subcontractor. The minimum liability limit for bodily injury on such insurance shall not be less than Two Million Dollars ($2,000,000.00). Such insurance shall include contractual liability insurance applicable to Contractor’s obligations under this contract.

Unless previously provided, proof of such insurance shall be filed by Contractor with

Owner within five (5) calendar days after execution of this contract.

B. Owner’s Liability Insurance. Owner shall maintain premises liability in the amount of Two Million Dollars ($2,000,000.00).

C. Property Damage Insurance.