New Power to Simulator Trailers Invitation to Bid 1-14-2025.doc

INVITATION TO BID

North Las Vegas Simulator Classroom Trailers

New Power Installation

SECTION 1: INTRODUCTION

The State of Nevada, Office of the Military, is seeking bids/proposals from qualified contractors to provide services for the following electrical install: new power to the simulator classrooms trailers. The geographical location that you are willing to serve must be specified in your bid proposal. The Office of the Military is currently seeking bids for the following location: North Las Vegas.

All bid proposals will be accepted via NevadaEpro Special note: To schedule a site-visit please contact your regional Point of Contact listed on page 7, paragraph 9.1.9

SECTION 2: CONTACT INFORMATION

Office of the Military – 2460 Fairview Dr., Carson City, NV 89701

Facility Manager: Theresa Sianez

Contract Manager: Chris Snidow

Office: (775) 884-8479

Office: 775-884-8461

Cell: (775) 781-7880

Email: csnidow@govmail.state.nv.us

Email: tsianez@govmail.state.nv.us

SECTION 3: INVITATION TO BID TIMELINE

Release Date:

01/27/2025

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 Facility Manager”, 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:

4.1.4 Invitation to Bid

01/27/2025

4.1.5 Drawings (if applicable)

N/A

4.1.6 Specifications

N/A

4.1.7 Addenda (if applicable)

02/04/2025 @ 10am – Mandatory Bid Walk

4.1.8 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: GENERAL CONDITIONS

5.1 General

5.1.1 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 Facility Supervisor or their designee for clarification.

5.1.2 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.

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

5.1.4 No plan checks 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.

5.2 Damages for Delay Claims

5.2.1 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.

5.3 Subcontractor Substitutions

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

SECTION 6: PROPOSAL

6.1 Proposal Submittal Instructions

6.1.1 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 these Solicitation Documents 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 these Solicitation Documents. 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, and 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 or 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 and 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.

6.1.2 Before you prepare your proposal, read and understand the attached contract form (attachment #2).

6.1.3 Proposals will be submitted via NevadaEPRO

6.1.4 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).

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

6.1.6 Proposals may be hand delivered to the office, mailed to the address 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.

6.1.7 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.

6.1.8 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 these Solicitation Documents are entirely the responsibility of the Contractor and shall not be reimbursed in any manner by the Owner.

6.1.9 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 these Solicitation Documents.

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

6.2 Bidders Checklist

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

6.2.2 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) Sign and completely fill out Bidders Proposal Form.

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.

6.2.3 All questions and correspondence must be in writing and directed to Facility Supervisor 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.

6.3 Proposal Evaluation and Award of Bid

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

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

6.3.3 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.

6.3.4 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 is 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.

6.4 Insurance(s)

6.4.1 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.

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

6.4.3 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.

6.4.4 A certificate of insurance evidencing the required coverage, including additional insured endorsements, shall be filed with the Owner if awarded a contract from these Solicitation Documents.

6.4.5 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.

6.4.6 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.

6.4.7 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, agents and employees, for losses arising from the work.

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

6.5 Scheduling of Work.

6.5.1 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 Facility Manager.

6.5.2 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 7: SITE INFORMATION

7.1 General

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

7.1.2 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.

7.1.3 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.

7.1.4 Occasional circumstances (standing water, prolonged inclement weather, parked vehicles, etc.) may make all or portions of a location unserviceable during the regular schedule. The Contractor shall notify the Facility Supervisor of such occurrences and shall schedule to perform the required maintenance at the locations as soon as the conditions improve 7.2 Utility Services and Construction Support Facilities

7.2.1 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.

7.3 Material Disposal and Cleanup

7.3.1 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.

7.3.2 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.

7.3.3 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.

7.3.4 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 8: DOCUMENT STANDARDS

8.1 General

8.1.1 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 or Facility Manager prior to receiving a Substantially Complete letter.

8.1.2 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 9: SCOPE OF WORK & DETAILED SPECIFICATIONS

9.1 Scope of Work & Detailed Specifications for installation of new power to simulator classroom trailers.

9.1.1 General Intention: This Scope of Work is intended to include all work required to complete the tasks described below.

9.1.2 Task(s): This project involves the development and modification of existing electrical power infrastructure to support simulator classroom trailers. The existing 3-phase power distribution system will be modified and/or extended to accommodate single-phase power for new simulator trailers. The scope includes the following tasks:

9.1.2.1 Current Electrical Infrastructure:

· Utilize two (2) existing 480-volt/400-amp breaker panels.

· Modify the 120/208-volt/3-phase power distribution system.

9.1.2.2 Site Preparation:

· Cut and remove asphalt as needed.

· Excavate and pour concrete equipment mounting pads adjacent to existing electrical equipment pads in the trailer parking lot.

· Perform concrete testing to ensure compliance with industry standards.

9.1.2.3 Electrical Installation:

· Install new electrical conduits from the existing 480-volt/400-amp breaker panels to the new equipment pads.

· Provide and install step-down transformers (one per equipment pad).

· Install exterior-rated disconnect switches ahead of each transformer.

· Extend 120/208-volt/3-phase power from each transformer to new single-phase distribution systems mounted on Unistrut racks.

· Provide three individual disconnect switches per equipment pad (six total) to serve each trailer.

9.1.2.4 Grounding and Compliance:

· Install grounding rods and wires for all new equipment in accordance with code requirements.

9.1.2.5 Documentation:

· Submit comprehensive documentation, including:

· Service reports, Maintenance logs, Daily progress updates, Compliance certificates.

9.1.2.6 Alternate Solutions:

· Alternate electrical layouts or installation methods will be considered, provided they meet project requirements.

9.1.2.7 Additional Notes:

· All work must prioritize safety, efficiency, and customer satisfaction.

· The project site is located in North Las Vegas.

All bid proposals shall also include the total cost of project work including all labor, materials, equipment and services to complete installation.

This is not an ongoing service contract, and vendors are not required to provide hourly rates for each year of the contract.

9.1.3 Vendor shall contact site manager no less than TWO (2) working days prior to monthly site visit to coordinate escorted access to buildings.

9.1.4 All work shall be performed in accordance with applicable laws, regulations, codes, and ordinances of state and local agencies.

9.1.5 All services shall be performed by personnel employed and supervised by the Bidder. Bidder shall provide information in technical supervision through a competent foreman, as required, to implement modern methods and newly developed horticulture procedures

9.1.6 Service could be required on a one-time, as-needed, quarterly, semi-annual, and annual basis.

9.1.7 If this is an ongoing service contract, vendors must provide hourly rates for each year of the contract, considering costs related to inflation.

9.1.8 The geographical locations you are willing to serve must be specified in your bid proposal. The Office of the Military is currently seeking bids for the following locations: Las Vegas, North Las Vegas, Henderson, including any new building(s) to be built or acquired by the Office of the Military within the geographical location selected. When building(s) is reassigned and are no longer the responsibility of the Office of the Military, the Office of the Military will notify the contractor that said building(s) would no longer be covered under this contract. The contract status will not change based upon changes in assignment, whether by acquiring or by no longer having ownership of said building(s). The contract will remain in full effect and will cover or remove said building(s) within the geographical location selected.

9.1.9 Locations:

Facility Manager Point of Contact:

Theresa Sianez (775) 781-7880

Construction Project Coordinator Point of Contact:

Paul Toups (775) 634-5089

9.2 Billing Period

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

9.3 Payment

9.3.1 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 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.

9.4 Nevada Contractor Registration Form

9.4.1 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 https://controller.nv.gov/VendorDB/VendorRegistrationReq/ 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. 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.

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

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

9.4.4 Vendors are also required to register with NevadaEPRO Periscope Holdings - Login (nevadaepro.com). Contractors can use the following link to register: https://nevadaepro.com/bso/.

9.5 Site Entry & Security

9.5.1 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.

9.5.2 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). Contractors will need to pass the background check and maintain clearance throughout the project or services.

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

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

9.6 Nevada National Guard Environmental Policy Statement

9.6.1 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 or Facility Manager for this project.

SECTION 10: SUBSTITUTION OF MATERIALS

10.1 Substitution of Materials

10.1.1 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 or Facility Manager. 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 Facility Supervisor or Facility Manager in order to be considered acceptable.

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

10.1.3 Any materials substituted shall be approved in writing through a submittal by the Contractor to the Facility Supervisor or Facility Manager and approved by the Facility Supervisor or Facility Manager before starting the project.

SECTION 11: WARRANTY

11.1 Warranty

11.1.1 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.

11.1.2 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 substantially completed date, 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 12: CONTRACTOR

12.1 The Contractor

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

12.1.2 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.

12.1.3 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.

12.1.4 The Contractor and each Subcontractor does not have to maintain a State of Nevada Contractor's license to work on (service) and maintain landscaping.

12.1.5 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.

12.1.6 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.

12.1.7 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.

12.1.8 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.

12.1.9 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

A Contract Between the State of Nevada

Acting By and Through Its

(NAME, ADDRESS, PHONE AND FACSIMILE NUMBER OF CONTRACTING AGENCY)

and (NAME, CONTACT PERSON, ADDRESS, PHONE, FACSIMILE NUMBER OF INDEPENDENT CONTRACTOR) WHEREAS, NRS 333.700 authorizes officers, departments, institutions, boards, commissions, and other agencies in the Executive Department of the State Government which derive their support from public money in whole or in part to engage, subject to the approval of the Board of Examiners (BOE), 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. REQUIRED APPROVAL. This Contract shall not become effective until and unless approved by the Nevada State Board of Examiners.

2. DEFINITIONS.

A. “State” – means the State of Nevada and any State agency identified herein, its officers, employees and immune contractors as defined in NRS 41.0307.

B. “Contracting Agency” – means the State agency identified above.

C. “Contractor” – means the person or entity identified above that performs services and/or provides goods for the State under the terms and conditions set forth in this Contract.

D. “Fiscal Year” – means the period beginning July 1st and ending June 30th of the following year.

E. “Contract” – Unless the context otherwise requires, “Contract” means this document entitled Contract for Services of Independent Contractor and all Attachments or Incorporated Documents.

F. “Contract for Independent Contractor” – means this document entitled Contract for Services of Independent Contractor exclusive of any Attachments or Incorporated Documents.

3. CONTRACT TERM. This Contract shall be effective as noted below, unless sooner terminated by either party as specified in Section 10, Contract Termination. Contract is subject to Board of Examiners’ approval (anticipated to be Date Upon BOE Approval ).

4. 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.

5. INCORPORATED DOCUMENTS. The parties agree that this Contract, inclusive of the following attachments, specifically describes the scope of work. This Contract incorporates the following attachments in descending order of constructive precedence:

Any provision, term or condition of an Attachment that contradicts the terms of this Contract for Independent Contractor, or that would change the obligations of the State under this Contract for Independent Contractor, shall be void and unenforceable.

6. CONSIDERATION. The parties agree that Contractor will provide the services specified in Section 5, Incorporated Documents at a cost as noted below:

per

Total Contract or installments payable at:

Total Contract Not to Exceed:

The State does not agree to reimburse Contractor for expenses unless otherwise specified in the incorporated attachments. 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.

7. ASSENT. The parties agree that the terms and conditions listed on incorporated attachments of this Contract are also specifically a part of this Contract and are limited only by their respective order of precedence and any limitations specified.

8. 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.

9. INSPECTION & AUDIT.

A. Books and Records. Contractor agrees to keep and maintain under generally accepted accounting principles (GAAP) full, true and complete records, contracts, books, and documents as are necessary to fully disclose to the State or United States Government, or their authorized representatives, upon audits or reviews, sufficient information to determine compliance with all State and federal regulations and statutes.

B. Inspection & Audit. Contractor agrees that the relevant books, records (written, electronic, computer related or otherwise), including, without limitation, relevant accounting procedures and practices of Contractor or its subcontractors, financial statements and supporting documentation, and documentation related to the work product shall be subject, at any reasonable time, to inspection, examination, review, audit, and copying at any office or location of Contractor where such records may be found, with or without notice by the State Auditor, the relevant State agency or its contracted examiners, the department of Administration, Budget Division, the Nevada State Attorney General’s Office or its Fraud Control Units, the state Legislative Auditor, and with regard to any federal funding, the relevant federal agency, the Comptroller General, the General Accounting Office, the Office of the Inspector General, or any of their authorized representatives. All subcontracts shall reflect requirements of this Section.

C. Period of Retention. All books, records, reports, and statements relevant to this Contract must be retained a minimum three (3) years, and for five (5) years if any federal funds are used pursuant to the Contract. The retention period runs from the date of payment for the relevant goods or services by the state, or from the date of termination of the Contract, whichever is later. Retention time shall be extended when an audit is scheduled or in progress for a period reasonably necessary to complete an audit and/or to complete any administrative and judicial litigation which may ensue.

10. 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 4, 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 10D. 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 4, 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 10C, above, shall run concurrently, unless the notice expressly states otherwise.

E. Winding Up Affairs Upon Termination. In the event of termination of this Contract for any reason, the parties agree that the provisions of this Section survive termination:

1) The parties shall account for and properly present to each other all claims for fees and expenses and pay those which are undisputed and otherwise not subject to set off under this Contract. Neither party may withhold performance of winding up provisions solely based on nonpayment of fees or expenses accrued up to the time of termination;

2) Contractor shall satisfactorily complete work in progress at the agreed rate (or a pro rata basis if necessary) if so requested by the Contracting Agency;

3) Contractor shall execute any documents and take any actions necessary to effectuate an assignment of this Contract if so requested by the Contracting Agency;

4) Contractor shall preserve, protect and promptly deliver into State possession all proprietary information in accordance with Section 21, State Ownership of Proprietary Information.

11. 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.

12. 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.

13. FORCE MAJEURE. Neither party shall be deemed to be in violation of this Contract if it is prevented from performing any of its obligations hereunder due to strikes, failure of public transportation, civil or military authority, act of public enemy, accidents, fires, explosions, or acts of God, including without limitation, earthquakes, floods, winds, or storms. In such an event the intervening cause must not be through the fault of the party asserting such an excuse, and the excused party is obligated to promptly perform in accordance with the terms of the Contract after the intervening cause ceases.

14. 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.

15. 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.

16. INSURANCE SCHEDULE. Unless expressly waived in writing by the State, Contractor must carry policies of insurance and pay all taxes and fees incident hereunto. Policies shall meet the terms and conditions as specified within this Contract along with the additional limits and provisions as described in Attachment BB, incorporated hereto by attachment. The State shall have no liability except as specifically provided in the Contract.

Contractor shall not commence work before Contractor has provided the required evidence of insurance to the Contracting Agency. The State’s approval of any changes to insurance coverage during the course of performance shall constitute an ongoing condition subsequent to this Contract. Any failure of the State to timely approve shall not constitute a waiver of the condition.

A. Insurance Coverage. Contractor shall, at Contractor’s sole expense, procure, maintain and keep in force for the duration of the Contract insurance conforming to the minimum limits as specified in Attachment BB, incorporated hereto by attachment. Unless specifically stated herein or otherwise agreed to by the State, the required insurance shall be in effect prior to the commencement of work by Contractor and shall continue in force as appropriate until:

1) Final acceptance by the State of the completion of this Contract; or

2) Such time as the insurance is no longer required by the State under the terms of this Contract; whichever occurs later.

Any insurance or self-insurance available to the State shall be in excess of and non-contributing with, any insurance required from Contractor. Contractor’s insurance policies shall apply on a primary basis. Until such time as the insurance is no longer required by the State, Contractor shall provide the State with renewal or replacement evidence of insurance no less than thirty (30) days before the expiration or replacement of the required insurance. If at any time during the period when insurance is required by the Contract, an insurer or surety shall fail to comply with the requirements of this Contract, as soon as Contractor has knowledge of any such failure, Contractor shall immediately notify the State and immediately replace such insurance or bond with an insurer meeting the requirements.

B. General Requirements.

1) Additional Insured: By endorsement to the general liability insurance policy, the State of Nevada, its officers, employees and immune contractors as defined in NRS 41.0307 shall be named as additional insureds for all liability arising from the Contract.

2) Waiver of Subrogation: 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.

3) Cross Liability: All required liability policies shall provide cross-liability coverage as would be achieved under the standard ISO separation of insureds clause.

4) Deductibles and Self-Insured Retentions: Insurance maintained by Contractor shall apply on a first dollar basis without application of a deductible or self-insured retention unless otherwise specifically agreed to by the State. Such approval shall not relieve Contractor from the obligation to pay any deductible or self-insured retention. Any deductible or self-insured retention shall not exceed fifty thousand dollars ($50,000.00) per occurrence, unless otherwise approved by the Risk Management Division.

5) Policy Cancellation: Except for ten (10) days’ notice for non-payment of premiums, each insurance policy shall be endorsed to state that without thirty (30) days prior written notice to the State of Nevada, c/o Contracting Agency, the policy shall not be canceled, non-renewed or coverage and/or limits reduced or materially altered, and shall provide that notices required by this Section shall be sent by certified mail to the address shown on page one (1) of this contract.

6) Approved Insurer: Each insurance policy shall be:

a) Issued by insurance companies authorized to do business in the State of Nevada or eligible surplus lines insurers acceptable to the State and having agents in Nevada upon whom service of process may be made; and

b) Currently rated by A.M. Best as “A-VII” or better.

C. Evidence of Insurance.

Prior to the start of any work, Contractor must provide the following documents to the contracting State agency:

1)…