Carlin Sidewalk Repair Invitation To Bid.doc

INVITATION TO BID

SECTION 1: INTRODUCTION

The State of Nevada, Office of the Military, is seeking bids/proposals from qualified Contractors to perform “as needed” or emergency services, concrete work at Office of the Military locations in Nevada. The contractor shall furnish all labor, supervision, materials, equipment, tools, transportation, and incidentals necessary to fulfill this contract requirement effectively and efficiently. The concrete work may vary by size and type of concrete needed. Your bid proposal must specify the geographical locations that you are willing to serve. The Office of the Military is currently seeking bids for the following locations

SECTION 2: CONTACT INFORMATION

Office of the Military – 2460 Fairview Dr., Carson City, NV 89701 Construction Project Coordinator II: Theresa Sianez Contract Manager: Chris Snidow

Office: (775) 884-8479

Office: 775-884-8478

Cell: (775) 781-7880

Email: csnidow@govmail.state.nv.us

Fax:

Email: tsianez@govmail.state.nv.us

SECTION 3: INVITATION TO BID TIMELINE

Release Date:

Bid summation deadline:

Contractor’s Signature on Contract (no later than):

Deadline to meet the lead time necessary for the office to prepare the contract for Budget Division (3 weeks)

Agency Deadline to Submit Contract(s) to Budget Division

Board of Examiner’s Meeting Date:

Services/Work/Construction Can Begin On or About:

Contract Expiration Date, On or About:

SECTION 4: CONSTRUCTION DOCUMENTATION

4.1 General

4.1.1 For the purposes of this document, the parties involved will hereinafter be referred to by the following; the State of Nevada, Office of the Military, will hereinafter be referred to as “the Owner and/or the State and/or the Agency and/or the Office of the Military and/or Construction Project Coordinator II, the Contractor, hereinafter will be referred to as “Contractor” and the Architects and Engineers, hereinafter will be referred to as “A/E” and this document hereinafter will be referred to as the “Solicitation Document”.

4.1.2 The construction documentation for this work shall consist of these Solicitation Documents together with any addenda and the construction plan set and specifications (if applicable).

4.1.3 The Solicitation Documents are complementary and what is required by one shall be binding as if required by all. The Owner and the Contractor mutually agree that the following documents are incorporated into and made a part of any agreement that may come from these Solicitation Documents:

Invitation to Bid

Drawings (if applicable)

Specifications

Addenda (if applicable)

4.1.4 Execution of an agreement entered into by each party shall constitute the representation by each party that the Contractor has examined the contents of all the Solicitation Documents and that the Contractor has read and understands the same, and specifically agrees to be bound thereby.

SECTION 5: ADOPTED CODES & REGULATIONS

5.1 General 5.1.1 The design and construction of all projects under the jurisdiction of the State shall comply with the latest adopted edition of the following codes and regulations. The adopted codes and regulations are subject to interpretation by the State and other appropriate governmental agencies.

5.1.2 All standards, regulations, and other reference documents identified in the State Public

Works Division Adopted Standards as "the most current edition" shall be understood to be the most current edition on the execution date of the Invitation to Bid.

5.1.3 In cases where standards, regulations, or other reference documents are specifically listed in one of the adopted codes, then the edition of that standard, regulation, or other reference document shall be as required in the adopted code.

5.2 Adopted Codes

5.2.1 International Building Code (IBC), most current adopted edition, published by the International Code Council (ICC). Any references to the International Mechanical Code contained in the International Building Code shall be interpreted as being references to the Uniform Mechanical Code. Any references to the International Plumbing Code contained in the International Building Code shall be interpreted as being references to the Uniform Plumbing Code.

5.2.2 Most current adopted edition of the Uniform Mechanical Code (UMC) published by the International Association of Plumbing and Mechanical Officials (IAPMO).

5.2.3 Most current adopted edition of the Uniform Plumbing Code (UPC) published by the International Association of Plumbing and Mechanical Officials (IAPMO).

5.2.4 Most current adopted edition of the National Electrical Code (NEC) published by the National Fire Protection Association (NFPA).

5.2.5 Most current adopted edition of the International Fire Code (IFC) published by the International Code Council.

5.2.6 Most current adopted edition of the NFPA Standards published by the National Fire Protection Association (NFPA) as referenced in the International Fire Code and/or the International Building Code.

5.2.7 Most current adopted edition of the International Energy Conservation Code (IECC) published by the International Code Council. ASHRAE/IESNA Standard 90.1-2010 is incorporated by reference.

5.2.8 Most current adopted edition of the International Existing Building Code (IEBC) published by the International Code Council.

5.2.9 Most current adopted edition of the International Residential Code (IRC) published by the International Code Council.

5.3 Regulations

5.3.1 All applicable provisions of the Nevada Revised Statutes (NRS) and the Nevada Administrative Code (NAC), including those listed below.

5.3.2 The most current regulations of the State Fire Marshal, Nevada Department of Public Safety, Carson City, Nevada (NAC Chapter 477, State Fire Marshal).

5.3.3 The most current regulations of the Division of Industrial Relations, Nevada Department of Business and Industry, Carson City, Nevada (NAC Chapter 455C; Boilers, Elevators, and Pressure Vessels).

5.3.4 The most current regulations of the Health Division, Nevada Department of Health and Human Services, Carson City, Nevada (NAC Chapter 446, Food Establishments).

5.3.5 The most current regulations of the Division of Environmental Protection, Nevada Department of Conservation and Natural Resources, Carson City, Nevada.

5.3.6 The most current edition of the Americans with Disabilities Act (ADA) published by the United States Department of Justice including the Americans with Disabilities Act Accessibility Guidelines (ADAAG).

5.3.7 The American National Standard for Accessible and Usable Buildings and Facilities (ICC/ANSI A117.1) published by the International Code Council (edition as listed in the International Building Code).

5.3.8 Other codes, regulations, and standards referenced in the body of this document.

5.3.9 Local codes and ordinances do not apply to projects constructed on state-owned land, except for zoning requirements pursuant to Nevada Revised Statutes Section 278.580.

5.4 Safety

5.4.1 The Contractor shall be responsible for:

5.4.2 Initiating, maintaining, and supervising all safety precautions and programs in connection with the work.

5.4.3 Protection of all employees, work (on site or off), and adjacent property.

5.4.4 State and Federal OSHA compliance (whichever is more stringent).

5.4.5 Preventing others from entering the jobsite.

5.4.6 Contractor must designate superintendent to oversee safety program.

5.4.7 Safe operation of all equipment.

5.4.8 Fence, barricade, cover or otherwise protect all excavations, holes, shafts or other hazards.

SECTION 6: GENERAL CONDITIONS

6.1 General

6.1.1 Any conflict between the drawings, scope of work, specifications, adopted codes and standards shall be resolved by using the more conservative or stringent requirement. Prior to the Contractor preceding with the construction the Contractor shall immediately bring the conflict to the attention of the Office of the Military’s Construction Project Coordinator II or their designee for clarification.

6.1.2 The Contractor shall promptly correct all work rejected as defective or as failing to conform to the Solicitation Documents, whether or not fabricated, installed, or completed. The Contractor shall bear all costs of correcting such rejected work, including, but not limited to, the cost for additional professional services.

6.1.3 If the Contractor fails to correct defective or non-conforming work, the Owner may correct it at the Contractor’s expense.

6.1.4 No plan check or approval or the lack there of (if applicable) shall relieve the Contractor of the responsibility for constructing a project in full compliance with these Adopted Standards, the adopted codes and regulations, and applicable federal, state, and local laws.

6.2 Damages for Delay Claims

6.2.1 Pursuant to NRS 338.485 the Owner is not responsible to the Contractor for any damages because of delay caused by persons other than the Owner.

6.3 Subcontractor Substitutions

6.3.1 Contractor shall not contract with any other Subcontractor nor substitute Subcontractors without compliance with NRS 338.141 and written approval from the Owner.

SECTION 7: PROPOSAL

7.1 Proposal Submittal Instructions

7.1.1 The amount the state is invoiced must match the pricing provided on the proposal. All invoicing must be detailed and accurately reflect the pricing supplied by your firm in response to this Invitation to Bid for the products and services described herein. Costs for work to be performed by the Contractor must be established in advance of the work being performed in one of three ways. One, Price List. This method is primarily, but not exclusively, used for multi-year service contracts and costs will come directly from the Price List supplied by the Contractor in response to this Invitation to Bid. This is the preferred method of having services performed and the Owner expects that the bulk of all services will be invoiced using this method. Two, flat rate quotes or project quotes. The Owner may request a flat rate quote or project quote for work/services/products/materials that need to be done. This method will primarily be used for one time projects but may also be used on service contracts when the work/project that needs to be done falls within the scope of the services the Contractor provides, but falls outside of the scope of the Price List supplied by the Contractor. Three, Time and Materials quotes. When deemed in the best interest of the state, the Owner may request to have services/work performed on a time and materials basis. When this occurs, the Owner will always issue a Not to Exceed (NTE) amount to the project. When deemed in the best interest of the state, during the life of the contract, the Owner may use one or more of these methods to establish costs.

7.1.2 Before you prepare your proposal, we recommend that you first read and understand the attached contract form (attachment #2).

7.1.3 Proposals will be submitted in triplicate in a single sealed envelope. Envelope will be label with a “To” and “From” name and address, project title and project number.

7.1.4 All proposals must be in writing. Submit proposals to the Facility Supervisor. In order to receive consideration, proposals must be received by the Office of the Military not later than the time and date listed as “Deadline to Submit Bid” on page one (1).

7.1.5 The proposal must be signed by the individual(s) legally authorized to bind the Contractor.

7.1.6 Proposals may be hand delivered to the office, mailed to the address above, faxed to the fax number listed above or e-mailed to Facilities Supervisor at the e-mail address listed on the front page of Invitation to Bid. Any proposal received after bid closing will not be considered.

7.1.7 The Owner is not responsible for bids that get lost in the mail, or lost due to mechanical failure if sent by fax, or e-mail. It is the Contractor’s responsibility to ensure that their bid packet was received by the Office of the Military. If you submit your bid in any way other than hand delivery we recommend that you contact the Facility Supervisory listed on page one and confirm that they have received your proposal.

7.1.8 The Owner is not responsible for any costs incurred by Contractors prior to entering into a formal contract. Costs of developing the proposal or any other such expense incurred by the Contractor in responding to this Invitation to Bid are entirely the responsibility of the Contractor, and shall not be reimbursed in any manner by the Owner.

7.1.9 The awarded Contractor will be the sole point of contract responsibility. The Owner will look solely to the awarded Contractor for the performance of all contractual obligations, which may result from an award based on this Invitation to bid.

7.1.10 Award of the contract is contingent on State and/or Federal funding.

7.2 Bidders Checklist

7.2.1 Proposals shall contain, at a minimum, all items listed in the “Bidders Checklist” in 7.2.2.

7.2.2 Bidders Checklist: All items below shall be included in your sealed bid. Without the items below your bid may/will be disqualified, PROVIDE COPIES OF THE FOLLOWING:

1) Signed proposal from the Contractor

2) Copy of the Contractors Nevada Business License

· This is the license you get from the Nevada Secretary of State’s office. If you have a local city and/or county business license it does not take the place of the state business license.

3) Copy of the Contractors Nevada Contractors License (If applicable)

4) Addenda Acknowledgement (if applicable)

5) A copy of the Contractors Commercial General Liability insurance, Commercial Auto insurance and proof of Workers Compensation insurance in the amounts listed in attachment #3; or a written statement from the Contractor that they currently have these insurances and will provide the required proof of coverage if awarded the project.

7.2.3 All questions and correspondence must be in writing and directed to Construction Project Coordinator II at the address listed on page one, and/or sent via e-mail. All questions and correspondence will become part of the contract along with the Contractors bid submittal, this Invitation to Bid and its attachments. Conformance to the Proposal Submittal Instructions is very important.

7.3 Proposal Evaluation and Award of Bid

7.3.1 The Owner reserves the right to waive informalities and minor irregularities in proposals received.

7.3.2 The Owner reserves the right to reject any or all proposals received prior to contract award.

7.3.3 The Owner shall not be obligated to accept the lowest priced proposal, but will make an award in the best interest of the State of Nevada after all factors have been evaluated.

7.3.4 Bids shall be opened on the date and time listed on page one under “Invitation to Bid Timeline, Bid Opening Date & Time”, and shall be evaluated based upon the following:

1) NRS, NAC and SAM

2) Overall Cost

3) Conformance to the requirements of these Solicitation Documents

4) Current Nevada Business license in good standing with the Nevada Secretary of State

5) Current Nevada Contractors license in good standing with the Nevada State Contractors Board

6) Mandatory insurance (Commercial General Liability, Business Automobile Liability, Workers Compensation/Employers Liability Insurance) requirements met.

7.4 Insurance(s)

7.4.1 Potential Contractors must meet the Owner’s insurance requirements as listed in attachment #3 and, if awarded, be able to supply the Owner with a copy of their Certificate of Insurance for Commercial General Liability, and an Additional Insured Endorsement with the State/Agency listed as an additional insured.

7.4.2 The Contractor shall provide proof of Commercial Automobile Insurance, as outlined in attachment #3.

7.4.3 The Contractor shall provide proof of Workers Compensation Insurance as required by NRS; if the Contractor qualifies as a sole proprietor they must submit a fully executed Affidavit of Rejection of Coverage under NRS 616B627 and NRS 617.210.

7.4.4 A certificate of insurance evidencing the required coverage, including additional insured endorsements, shall be filed with the Owner if awarded a contract from this Invitation to Bid.

7.4.5 This insurance must remain in force for the duration of the contract and any warranty periods. If the Contractor fails to comply with this section, the Contractor shall be considered in material default of the Contract.

7.4.6 As the Certificate of Insurance generally expires annually, the Contractor will be required to supply the Office of the Military with a valid Certificate of Insurance each year the contract is active.

7.4.7 The Contractor waives all right of subrogation against the Owner, the Owner’s officers, agents and employees, and the A/E, the Facility Manager, the Facility Supervisors, Construction Project Coordinator II agents and employees, for losses arising from the work.

7.4.8 All required insurance documentation must be received by the Owner before awarded Contractor can start work.

7.5 Project Timelines.

7.5.1 This work will be taking place on a secure military base; therefore work can only be done Monday – Friday, 7:00 AM – 5:00 PM. If a Contractor needs to work earlier, later or on the weekends, arrangements can be made through the Local Facility Supervisor or Facilities Manager.

7.5.2 The Contractor shall not claim or be entitled to any compensation or damages from the Owner because of delay caused by the Owner, the A/E, or any person working for either of them, and any entitlement therefore is hereby waived. The Contractor agrees that his sole remedy shall be an extension of time to complete the work as provided in the Solicitation Document, except that the Owner agrees to compensate the Contractor for any damages resulting from any affirmative, willful act in bad faith performed by the Owner which unreasonably interferes with the Contractor’s ability to complete the work within the Solicitation time.

SECTION 8: SITE INFORMATION

8.1 General

8.1.1 The project site is a working military facility with employee access. Construction workers shall conduct themselves in a professional manner befitting the setting.

8.1.2 Parking lot traffic will exist in the immediate vicinity of the work. Contractors shall allow for normal parking lot traffic and gate traffic to propagate unimpeded by construction activity and must maintain the safety of his workers, office personnel and the public on the work site.

8.1.3 Areas will be designated for the Contractor to stockpile equipment and material required for the work. It shall be the Contractor’s responsibility to ensure the safe storage and security of all materials and equipment stored on site.

8.2 Utility Services and Construction Support Facilities.

8.2.1 Contractor may use the Owner’s electrical, gas, sewer and water services for this work. However, Contractor shall be responsible for all connections thereto. Contractor is otherwise responsible for providing all other and necessary utilities and services he may require to complete the work.

8.3 Material Disposal and Cleanup

8.3.1 Materials from this project must be disposed of or recycled pursuant to NAC 444 in any legal manner which terminates the Owner’s liability for same.

8.3.2 The Owner’s trash collection and recycling facilities shall not be used for material disposal. Any fees incurred by Contractor for removal and disposal of materials relating to the work shall be paid by Contractor; no allowance will be given for disposal or haulage fees.

8.3.3 The work site shall be maintained in an orderly fashion free of trash and debris and cleaned daily throughout all phases of the work, including suspension of the work and until final acceptance.

8.3.4 The Owner may allow excess dirt to be uniformly spread around the site in areas designated by Owner. The scattered material will not interfere, cover, or harm any existing vegetation, stone covered areas, drive areas or irrigation.

8.3.5 Care shall be exercised to prevent spills; any spill shall be thoroughly cleaned immediately. All equipment, materials, and incidentals shall be removed from the work site as soon as they are no longer necessary.

SECTION 9: DOCUMENT STANDARDS

9.1 General

9.1.1 At the completion of the project, Contractor will need to submit owner manuals, and any other literature obtained during the course of the project that might be of value to the long term care and maintenance of this project. All documentation must be turned in to the Facility Supervisor no later 10 calendar days after the completion of the project.

9.1.2 Any drawings, reports, studies, photographs, negatives, or other documents prepared by the Contractor in the performance of his obligations under these Solicitation Documents shall be the exclusive property of the Owner and all such materials shall be remitted to the Owner by the Contractor upon completion, termination, or cancellation of this contract. The Contractor shall not use, willingly allow, or cause to have such materials used for any purpose other than the performance of the Contractor's obligations under this Agreement, without the prior written consent of the Owner.

SECTION 10: SCOPE OF WORK & SPECIFICATIONS

10.1 Scope of Work & Specifications

10.1.1 Scope of Work: The Contractor will provide concrete work on an “as needed” basis. The Contractor's Scope of Work shall include, but is not limited to, all materials, labor, supervision, hoisting, expediting, equipment, erection, shoring, scaffolds, tools, and all other items required to furnish and install a complete concrete job. This may include but is not limited to the demolition of old concrete. The type of work that may be performed will be site work, including the construction of everything outside of the building footprint. Typical items considered as site work are sidewalks, handicap ramps, trash enclosures, drive approaches, curb and gutter, transformer pads, and light pole bases.

Additionally, furnishing and installation of all cast-in-place concrete work including, but not limited to, footings, foundations, concrete columns, concrete beams, thickened edges, concrete pads, thickened slabs, concrete pilasters, concrete polishing, site work, grading, subgrade work, shotcrete, compressible fillers, joint sealants, housekeeping pads, PCC pavement, slab-on-grade, concrete over metal deck, elevated concrete slabs, Styrofoam, concrete ramps, reinforcing steel, dowels, and epoxy, grout (including structural steel base plates and elevator sills), concrete curing, formwork, chamfer strips, vapor barrier, crack joints, construction joints, expansion joints, and accessories. The Contractor shall perform all proposed pavement marking paint. The Contractor is responsible for any sheet piling that may be required to perform this scope of work. All work performed and completed according to both design specifications provided by the Office of the Military and Contractors Quote for work based upon the price sheet listed in the Bid Proposal Form and the adopted building codes per NRS 341, ASTM C618 Class (F)(C), 2018 IBC, ICC/ANSI A117.1 - 2017, and NRS 338.180. Where applicable, the work shall comply with the ICC/ANSI A117.1 – 2017 standards.

If this is an ongoing service contract, vendors are required to provide hourly rates for each year of the contract, taking into consideration cost related to inflation.

Your response should address, at a minimum, the following

· The geographic regions you will provide service, i.e., (please take out any locations that do not apply).

Region 3 - Carlin, Elko & Winnemucca

· Contact person and contact information to include phone number, address and email for service inquiries.

· Hourly rates, including: after hours, weekend hours, and holidays; and

· Any fees such as but not limited to: Service charges for coming out to the facility, Driving time, Travel time, etc. All fees the vendor wants to bill for MUST be broken down and listed in their proposal.

10.2 Billing Period

10.2.1 Billing shall be invoiced and received by the Office of the Military, State Admin. Office, at 2460 Fairview Dr., Carson City, NV 89701.

10.3 Payment 10.3.1 Payment will be made to the Contractor at the rate in which services are contracted at. As services are completed the Contractor can invoice the agency/state for payment. Payment for the contracted service will be paid within 15 - 30 days upon receipt of invoice and the using agency’s approval. Contractors may propose an alternative payment option; alternative payment options must be in writing and submitted with the Contractor’s proposal/bid. Alternative payment options will be considered if deemed in the best interest of the State, project or service solicited herein. The Owner does not issue payment prior to receipt of goods or services.

10.4 Nevada Contractor Registration Form 10.4.1 Electronic Funds Transfer - Per NRS 227, payment to all payees of the State of Nevada will be electronic. Contractors who work for the State of Nevada and/or its Agencies are required to go to http://scointranet.nv.gov/services/vendor-database-services and register as a contractor with the state. Once at this site, you will need to print a “Nevada Vendor Registration Form”, fill it out, and fax or mail it back to the address listed in the top right hand corner of the document. The other option is to do and Electronic Vendor Registration at http://controller.nv.gov/Buttons/ElectronicVendorReg/. This is a requirement to receive payment for your services. If you do not do this in a timely fashion it WILL delay your payment.

If you have registered as a contractor previously but you have not done business with the State of Nevada in the last year then your contractor registration is no longer valid and you will need to update it. Follow this link below to update your company’s contractor registration record: http://scointranet.nv.gov/services/vendor-database-services.

10.4.2 If you are uncertain what your firms status is in regards to its contractor registration, please contact Nevada State Controller’s Office at (702) 486-3895.

10.4.3 This is not optional; it MUST be done for your firm to receive payment.

10.4.4 Vendors are also required to register with NevadaEPRO. Contractors can use the following link to register: https://nevadaepro.com/bso/.

10.5 Site Entry & Security 10.5.1 All Contractors are hereby notified that prior to entering any of the Owner’s sites that they are subject to have their persons, vehicles, and equipment searched at any time. All Contractors must have a valid, government issued ID to gain entrance to Owner’s sites and they must keep it on their persons at all times while on Owner’s property. Contractors are also required to have their vehicles legally registered and insured and to be prepared to show the vehicles registration and insurance to gain access to the base. Contractors with employees who have felonies, sex offences, and/or warrants may be denied access to the base. The Owner reserves the right to deny access to any person at any time.

10.5.2 Contractors will be required to fill out an NVARNG Personal Security Questionnaire form for all personnel anticipated to be working on site on this project. See the attached sample form; (attachment #1).

10.5.3 Office of the Military/Nevada National Guard personnel will be on site daily and will not be denied access to the job site.

10.5.4 There is no photography allowed on site unless approved by the Owner’s Facility Supervisor. Additionally, the Facility Supervisor must be present for any photographs to be taken.

10.6 Nevada National Guard Environmental Policy Statement 10.6.1 The Adjutant General for the State of Nevada wants all Contractors who are interested in working for/with the Office of the Military / Nevada National Guard to be aware of the Agency’s Environmental Policy Statement. This statement (attachment #4) is being provided for informational purposes. If you have any questions or comments on the policy, you can contact the Facility Supervisor for this project.

SECTION 11: SUBSTITUTION OF MATERIALS

11.1 Substitution of Materials 11.1.1 Bids shall be based on the exact materials specified, “or approved equal” to those listed within the Scope of Work and Specification, or on materials which have been accepted as equivalent by the Facility Supervisor. This specified product has been used in the design of the project and as such is established as minimum standards of function, dimension, appearance and quality necessary and requisite for this project which substitutes must meet or exceed the specifications, at the sole discretion of the Construction Project Coordinator II in order to be considered acceptable.

11.1.2 Materials not specified or accepted as equivalent shall not be acceptable for installation.

SECTION 12: WARRANTY

12.1 Warranty

12.1.1 Acceptance of the final payment by the Contractor shall terminate the Owner-Contractor Agreement after which time the applicable terms and conditions for Warranties and Insurance shall continue to apply.

12.1.2 The Contractor shall unconditionally guarantee all workmanship and materials incorporated in the work to be and remain free of defects for a period of one year from the date of project completion, or for such longer periods as stipulated in the Solicitation Documents. The obligations of the Contractor herein shall be in addition to and not in limitation of any obligation imposed by law.

SECTION 13: CONTRACTOR

13.1 The Contractor

13.1.1 The Contractor shall perform the Work in a timely and workman like manner and in strict conformance with the Solicitation Documents.

13.1.2 The Contractor shall supervise and direct all portions of the work. The Contractor shall be solely responsible for all construction procedures, methods, techniques, sequences, and safety, and for coordinating all portions of the work to comply with the Contract Documents.

13.1.3 The Contractor shall be responsible for the acts and omissions of his employees and Subcontractors, their agents and employees, and all other persons performing any of the work.

13.1.4 The Contractor and each Subcontractor shall have and maintain a State of Nevada Contractor's license in good standing for the entire duration of the Contract Time.

13.1.5 The Contractor shall at all times enforce good discipline and order among his employees and Subcontractors and shall, at his own cost, provide the security necessary to adequately protect the work.

13.1.6 The Contractor shall at all times, and at his own cost, safely guard and protect the Owner's property, the work, and all property adjacent to the project, from damage, injury, or loss in connection with the project and shall replace or make good any such damage, injury, or loss. The Contractor shall be responsible for the protection of adjacent property and the maintenance of passageways, guard fences, and other protective facilities.

13.1.7 The Contractor shall give all notices and shall comply with all laws, ordinances, rules, orders, and regulations of all public authorities relating to the performance of the work.

13.1.8 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, and the Solicitation Documents, and shall not unreasonably encumber the site. The Contractor shall at all times keep the site and the work free from accumulation of waste materials and rubbish resulting from his operations.

13.1.9 Upon completion of the work the Contractor shall remove all waste materials, rubbish, tools, construction equipment and machinery, and surplus materials from the project site. The Contractor shall clean all surfaces and leave the work in a finished, clean, washed, waxed, and polished condition.

Attachment #1

THIS IS A SAMPLE FOR YOUR REVIEW ONLY

NVARNG PERSONAL SECURITY QUESTIONNAIRE

1. Name: ________________, ________________, _________________

Last First Middle (full name)

2. Date of Birth: __________________________ (Month Day, Year)

3. Social Security Number: _________ - ______ - _________

4. Sex: MALE____FEMALE___

5. Driver’s License Number______________________________________

6. Driver’s License State of Issue_________________________________

7. Home Address_____________________________________________

8. City______________________________________________________

9. State_____________________________________________________

10. Place of Birth:__________________________ (City, State, Zip, Country)

11. Employer/Command:________________________________________

12. Phone Numbers: Employer (____) ____-____ Home (____) ____-____

Are you a U.S. Citizen?

Are you a legal resident alien?

Have you ever been barred from any federal government facility or base?

Have you ever been convicted of a felony?

Do you have any outstanding warrants or are you a fugitive from justice?

Are you currently pending trial?

Are you on an approved Dept. of Prisons program? (probation, parole, work release etc.)

Have you ever been convicted on a weapons charge or Theft

13. Individual Requesting Access. I certify that the above information is correct and I agree to allow NVARNG Provost Marshal and/or local commands to perform a local/national security check on me as required.

Signature: ________________________Date:_________________

14. Employer Supervisor/Manager. I certify that the above information has been verified with the individual’s documents; to include a United States issued birth certificate and a United States issued picture identification (e.g., driver’s license, U.S. military ID, Resident Alien Registration Card, Foreign Passport, Foreign Military ID etc.)

Signature: __________________________Date:_________________

15. FMO/NVNG Representative – Print Name_______________________

Signature: __________________________Date:_________________

Project:________________________Location:_________________________

Contract start date:_______________Contract end date:__________________

Attachment #2

THIS IS A SAMPLE FOR YOUR REVIEW ONLY.

CONTRACT FOR SERVICES OF INDEPENDENT CONTRACTOR

FOR LESS THAN $50,000

A Contract Between the State of Nevada

Acting by and Through its

Fax:

Contractor Name:

Address:

City, State, Zip Code:

Contact:

Phone:

Fax:

Email:

WHEREAS, NRS 333.700 authorizes officers, departments, institutions, boards, commissions, and other agencies in the Executive Branch of the State Government which derive their support from public money in whole or in part to engage services of persons as independent contractors; and

WHEREAS, it is deemed that the service of Contractor is both necessary and in the best interests of the State of Nevada.

NOW, THEREFORE, in consideration of the aforesaid premises, the parties mutually agree as follows:

1. CONTRACT TERM. This Contract shall be effective as noted below, unless sooner terminated by either party as specified in Section 7, Contract Termination. Contracts requiring approval of the Nevada Board of Examiners or the Clerk of the Board are not effective until such approval has occurred, however, after such approval, the effective date will be the date noted below.

2. NOTICE. All communications, including notices, required or permitted to be given under this Contract shall be in writing and directed to the parties at the addresses stated above. Notices may be given: (i) by delivery in person; (ii) by a nationally recognized next day courier service, return receipt requested; or (iii) by certified mail, return receipt requested. If specifically requested by the party to be notified, valid notice may be given by facsimile transmission or electronic mail to the address(es) such party has specified in writing.

3. SCOPE OF WORK. The scope of work is described below, which is incorporated herein by reference:

DESCRIPTION OF SCOPE OF WORK:

The State of Nevada, Office of the Military, is seeking bids/proposals from qualified Contractors to perform “as needed” or emergency services, concrete work at Office of the Military locations in Nevada. The contractor shall furnish all labor, supervision, materials, equipment, tools, transportation, and incidentals necessary to fulfill this contract requirement effectively and efficiently. The concrete work may vary by size and type of concrete needed. Your bid proposal must specify the geographical locations that you are willing to serve. The Office of the Military is currently seeking bids for the following locations

An Attachment must be limited to the scope of work to be performed by Contractor. Any provision, term or condition of an Attachment that contradicts the terms of this Contract, or that would change the obligations of the State under this Contract, shall be void and unenforceable.

4. CONSIDERATION. The parties agree that Contractor will provide the services specified in Section 3, Scope of Work at a cost as noted below:

Total Contract or installments payable at:

The State does not agree to reimburse Contractor for expenses unless otherwise specified in the Scope of Work or incorporated attachments (if any). Any intervening end to a biennial appropriation period shall be deemed an automatic renewal (not changing the overall Contract term) or a termination as the result of legislative appropriation may require.

5. BILLING SUBMISSION: TIMELINESS. The parties agree that timeliness of billing is of the essence to the Contract and recognize that the State is on a Fiscal Year. All billings for dates of service prior to July 1 must be submitted to the State no later than the first Friday in August of the same calendar year. A billing submitted after the first Friday in August, which forces the State to process the billing as a stale claim pursuant to NRS 353.097, will subject Contractor to an administrative fee not to exceed one hundred dollars ($100.00). The parties hereby agree this is a reasonable estimate of the additional costs to the State of processing the billing as a stale claim and that this amount will be deducted from the stale claim payment due to Contractor.

6. INSPECTION & AUDIT. Contractor agrees to keep and maintain under generally accepted accounting principles (GAAP) and as required by State and federal law, complete and accurate records as are necessary to fully disclose to the State or United States Government, sufficient information to determine compliance with all State and federal regulations and statutes, and compliance with the terms of this contract, and agrees that such documents will be made available for inspection upon reasonable notice from authorized representatives of the State or Federal Government.

7. CONTRACT TERMINATION.

A. Termination Without Cause. Regardless of any terms to the contrary, this Contract may be terminated upon written notice by mutual consent of both parties. The State unilaterally may terminate this contract without cause by giving not less than thirty (30) days’ notice in the manner specified in Section 2, Notice. If this Contract is unilaterally terminated by the State, Contractor shall use its best efforts to minimize cost to the State and Contractor will not be paid for any cost that Contractor could have avoided.

B. State Termination for Non-Appropriation. The continuation of this Contract beyond the current biennium is subject to and contingent upon sufficient funds being appropriated, budgeted, and otherwise made available by the State Legislature and/or federal sources. The State may terminate this Contract, and Contractor waives any and all claims(s) for damages, effective immediately upon receipt of written notice (or any date specified therein) if for any reason the Contracting Agency’s funding from State and/or federal sources is not appropriated or is withdrawn, limited, or impaired.

C. Termination with Cause for Breach. A breach may be declared with or without termination. A notice of breach and termination shall specify the date of termination of the Contract, which shall not be sooner than the expiration of the Time to Correct, if applicable, allowed under subsection 7D. This Contract may be terminated by either party upon written notice of breach to the other party on the following grounds:

1) If Contractor fails to provide or satisfactorily perform any of the conditions, work, deliverables, goods, or services called for by this Contract within the time requirements specified in this Contract or within any granted extension of those time requirements; or

2) If any state, county, city, or federal license, authorization, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Contractor to provide the goods or services required by this Contract is for any reason denied, revoked, debarred, excluded, terminated, suspended, lapsed, or not renewed; or

3) If Contractor becomes insolvent, subject to receivership, or becomes voluntarily or involuntarily subject to the jurisdiction of the Bankruptcy Court; or

4) If the State materially breaches any material duty under this Contract and any such breach impairs Contractor’s ability to perform; or

5) If it is found by the State that any quid pro quo or gratuities in the form of money, services, entertainment, gifts, or otherwise were offered or given by Contractor, or any agent or representative of Contractor, to any officer or employee of the State of Nevada with a view toward securing a contract or securing favorable treatment with respect to awarding, extending, amending, or making any determination with respect to the performing of such contract; or

6) If it is found by the State that Contractor has failed to disclose any material conflict of interest relative to the performance of this Contract.

D. Time to Correct. Unless the breach is not curable, or unless circumstances do not permit an opportunity to cure, termination upon declared breach may be exercised only after service of formal written notice as specified in Section 2, Notice, and the subsequent failure of the breaching party within fifteen (15) calendar days of receipt of that notice to provide evidence, satisfactory to the aggrieved party, showing that the declared breach has been corrected. Upon a notice of breach, the time to correct and the time for termination of the contract upon breach under subsection 7C, above, shall run concurrently, unless the notice expressly states otherwise.

8. REMEDIES. Except as otherwise provided for by law or this Contract, the rights and remedies of the parties shall not be exclusive and are in addition to any other rights and remedies provided by law or equity, including, without limitation, actual damages, and to a prevailing party reasonable attorneys’ fees and costs. For purposes of an award of attorneys’ fees to either party, the parties stipulate and agree that a reasonable hourly rate of attorneys’ fees shall be one hundred and fifty dollars ($150.00) per hour. The State may set off consideration against any unpaid obligation of Contractor to any State agency in accordance with NRS 353C.190. In the event that Contractor voluntarily or involuntarily becomes subject to the jurisdiction of the Bankruptcy Court, the State may set off consideration against any unpaid obligation of Contractor to the State or its agencies, to the extent allowed by bankruptcy law, without regard to whether the procedures of NRS 353C.190 have been utilized.

9. LIMITED LIABILITY. The State will not waive and intends to assert available NRS Chapter 41 liability limitations in all cases. Contract liability of both parties shall not be subject to punitive damages. Damages for any State breach shall never exceed the amount of funds appropriated for payment under this Contract, but not yet paid to Contractor, for the Fiscal Year budget in existence at the time of the breach. Contractor’s tort liability shall not be limited.

10. INDEMNIFICATION AND DEFENSE. To the fullest extent permitted by law, Contractor shall indemnify, hold harmless and defend, not excluding the State’s right to participate, the State from and against all liability, claims, actions, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of any breach of the obligations of Contractor under this Contract, or any alleged negligent or willful acts or omissions of Contractor, its officers, employees and agents. Contractor’s obligation to indemnify the State shall apply in all cases except for claims arising solely from the State’s own negligence or willful misconduct. Contractor waives any rights of subrogation against the State. Contractor’s duty to defend begins when the State requests defense of any claim arising from this Contract.

11. REPRESENTATIONS REGARDING INDEPENDENT CONTRACTOR STATUS. Contractor represents that it is an independent contractor, as defined in NRS 333.700(2) and 616A.255, warrants that it will perform all work under this contract as an independent contractor, and warrants that the State of Nevada will not incur any employment liability by reason of this Contract or the work to be performed under this Contract. To the extent the State incurs any employment liability for the work under this Contract; Contractor will reimburse the State for that liability.

12. INSURANCE SCHEDULE. Unless expressly waived in writing by the Contracting Agency, Contractor must procure, maintain and keep in force for the duration of the Contract insurance conforming to the minimum requirements specified below. Each insurance policy shall provide for a waiver of subrogation against the State of Nevada, its officers, employees and immune contractors as defined in NRS 41.0307, for losses arising from work/materials/equipment performed or provided by or on behalf of Contractor. By endorsement to Contractor’s automobile and general liability policies, the State of Nevada shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of Contractor. Contractor shall not commence work before Contractor has provided evidence of the required insurance in the form of a certificate of insurance and endorsement to the Contracting Agency of the State.

A.

Workers’ Compensation and Employer’s Liability Insurance.

1) Contractor shall provide proof of worker’s compensation insurance as required per Nevada Revised Statutes Chapters 616A through 616D inclusive.

2) If Contractor qualifies as a sole proprietor as defined in NRS Chapter 616A.310, and has elected to not purchase industrial insurance for himself/herself, the sole proprietor must submit to the contracting State agency a fully executed “Affidavit of Rejection of Coverage” form under NRS 616B.627 and NRS 617.210.

B.

Commercial General Liability – Occurrence Form. The Policy shall include bodily injury, property damage and broad form contractual liability coverage.

1) General Aggregate

$2,000,000

2) Products – Completed Operations Aggregate $1,000,000

3) Personal and Advertising Injury

$1,000,000

4) Each Occurrence

C. Automobile Liability. [Delete if Contract does not involve use of motor vehicle.] The policy shall cover Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the performance of this Contract.

1) Combined Single Limit (CSL)

$1,000,000

D.

Professional Liability/Errors and Omissions Liability [Delete if Contract does not involve professional services.] The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Work of this contract. In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contractor 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.

1) Each Claim

2) Annual Aggregate

$2,000,000

Mail all required insurance documents to the Contracting Agency identified on page one of the Contract.

13. WAIVER OF BREACH. Failure to declare a breach or the actual waiver of any particular breach of the Contract or its material or nonmaterial terms by either party shall not operate as a waiver by such party of any of its rights or remedies as to any other breach.

14. SEVERABILITY. If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract shall be construed as if such provision did not exist and the non-enforceability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable.

15. STATE OWNER’SHIP OF PROPRIETARY INFORMATION. Any data or information provided by the State to Contractor and any documents or materials provided by the State to Contractor in the course of this Contract (“State Materials”) shall be and remain the exclusive property of the State and all such State Materials shall be delivered into State possession by Contractor upon completion, termination, or cancellation of this Contract.

16. PUBLIC RECORDS. Pursuant to NRS 239.010, information or documents received from Contractor may be open to public inspection and copying. The State may have the duty to disclose unless a particular record is made confidential by law or a common law balance of interests.

17. FEDERAL FUNDING. In the event federal funds are used for payment of all or part of this Contract:

A. Contractor certifies, by signing this Contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency. This certification is made pursuant to the regulations implementing Executive Order 12549, Debarment and Suspension, 28 C.F.R. pt 67, Section 67.510, as published as pt. VII of the May 26, 1988, Federal Register (pp. 19160-19211), and any relevant program-specific regulations.