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White Pine High School Flooring Bid - White Pine County School

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White Pine High School Flooring Bid - White Pine County School Powered By Docstoc
					                                       White Pine County School District
                                           White Pine High School
                                              1800 Bobcat Drive
                                              Ely, Nevada 89301
                                     NOTICE TO CONTRACTORS FOR
                                                Invitation to Bid
                              Bid Title: White Pine High School Flooring Project
                                          Bid #: #PWP-WP-2012-176

                                   Bid Due Date: April 27, 2012 @ 5:00 p.m.
                                   Bid Opening: April 30, 2012 @ 10:00 a.m.

NOTICE IS HEREBY given that sealed bids will be received by the White Pine County School District
(hereinafter referred to as WPCSD), until 5:00 PM, April 27, 2012, local time, for all labor, materials and
equipment, and performing all work necessary and incidental to:
                              White Pine High School (WPHS) Flooring Project
                        according to WPCSD plans, specifications and contract documents.
                               All bids must reference the "Bid #" referenced above
One (1) original of your response to the bid shall be packaged and sealed, and addressed to WPCSD, 1135
Avenue C, Ely, Nevada 89301, or delivered to WPCSD, at the same address, and shall be labeled with the bid
title and number referenced above. Any bidder who wishes its bid to be considered is responsible for making
certain that its bid is received in the WPCSD Office by the proper time. No oral, telegraphic, electronic, facsimile
or telephonic bids or modifications will be considered. Bids received after the scheduled bid opening time will be
returned unopened.
Specifications and Plans: Plans and Specifications can be obtained by contacting the District using the contact
information below. Interested bidders can also access the information through the District's web-site at
www.whitepine.k12.nv.us. Search the side menus for "Finance and Facilities". Click on this menu option to view
other sub-menus. The WPHS flooring bid document will be among the sub-menus. Verification of Amendments
is required prior to submitting any response. Failure to verify amendments may invalidate your bid.
Pre-bid Job Walk: Bidders can make appointments to visit the White Pine High School Campus to obtain
measurements and other information necessary to submit a responsible bid.
Completion of Work: All work must be completed on or before July 15, 2012
Questions: All questions regarding this bid and/or the associated construction project are to be directed,
preferably in writing via fax or e-mail, to:
                                              Paul Johnson, CFO
                                        White Pine County School District
                                                 1135 Avenue C
                                               Ely, Nevada 89301
                                            (775) 289-4851 (office)
                                              (775) 289-3999 (fax)
                                              (775) 293-0569 (cell)
                                        paujohns@whitepine.k12.nv.us

 The cut-off date and time for receipt of questions is 5:00 P.M. April 13, 2012. All questions submitted prior to
   the cut-off date will be answered, in writing to all bidders of record by close of business on April 17, 2012.



                                                       Page 1
                                 Index / Table of Contents
                                                                                      Page
Notice to Contractors                                                                  1
Index                                                                                   2
Definitions                                                                             3
Instructions to Bidders                                                                 6
Contract Terms and Conditions                                                          10
Certifications and Affidavits                                                          29
Contractor’s Bid Form (and attachments)                                            34 thru 37
Specifications and Drawings / Scope of Work                                            38


                                  PROJECT CRITICAL DATES


March 9, 2012                    Bid documents available

April 13, 2012                    5:00 P.M., Questions accepted as noted

April 17, 2012                    Answers to questions submitted by deadline

April 27, 2012                    Bids are due on or before 5:00 p.m.
April 30, 2012                    Bid Opening @ 10:00 a.m.

June 15, 2011                    Construction start date will be on or about, contingent upon filing of
                                  bonds (Performance & Payment) and insurance certificates.

July 15, 2011                     Construction completion date, not later than.




                                              Page 2
                                   GENERAL TERMS AND CONDITIONS

This solicitation is issued in accordance with the Nevada Revised Statutes and the White Pine County
School District Policies
ARCHITECT or ENGINEER: The Architect or Engineer is the person or organization responsible for the design
  of the Project and the preparation of the Specifications and Drawings on behalf of WPCSD, and is referred to
  throughout the Bid Documents as if singular in number and masculine in gender, and shall include his
  authorized representative. The term “Engineer” shall be substituted for “Architect” when the Work or the
  Project is designed by an Engineer who is so identified. The institution and department identified in the
  Notice to Contractors and elsewhere in the Bid Documents acts as the Architect when no outside consultant is
  named in the Bid Documents.
BID AWARD: The final determination of the low bidder will be determined on the basis of the base
    bid plus any alternates which are accepted. Along with any qualifying criteria advertised in the
    bid specifications. When the approved construction budget permits the acceptance of the base bid
    and one or more alternate bids, the alternate bids will be selected and awarded by the Owner in
    the sequential order they are listed on the Contractor’s Bid Form.
BIDDER: The person or organization submitting a bid to WPCSD in response to an Invitation to Bid or Notice to
   Contractors. Throughout these instructions, the term is used as if singular in number and masculine in gender.
   The term Contractor means the successful Bidder or his authorized representative.
BID DOCUMENTS: The Bid Documents consist of the Notice to Contractors, Index, Definitions, Instructions to
   Bidders, Terms and Conditions, Certifications and Affidavits, Contractor’s Bid Form, and the Specifications
   and Drawings distributed by the Purchasing Department. Bid Documents also include any and all addendums
   or amendments issued by the Purchasing Department.
BID DUE DATE: The day established in the Invitation to Bid or Notice to Contractors for the submission and
   opening of bids for the work to be performed.

BID PROTESTS: In accordance with Nevada Revised Statutes Section 338.142, a person who bids on a contract
   may file a notice of protest regarding the awarding of a contract within 5 business days after the date the bids
   were opened. The protest must include a written statement specifying the reasons the applicable provisions of
   the law were violated. A person filing a notice of protest will be required, at the time the notice of protest is
   filed, to post a bond with a good and solvent surety authorized to do business in this state. A bond posted or
   other security submitted with a notice of protest must be in an amount equal to the lesser of 25% of the total
   value of the bid submitted by the person filing the notice of protest, or $250,000.

CONTRACT OR CONTRACT DOCUMENTS: A Purchase Order, issued by the WPCSD, as a result of this bid,
  shall form the nucleus of the Contract, and is the primary Contract Document. This bid, the successful
  Bidder’s submission, required and/or associated bonds, certificates and documents, and other miscellaneous
  forms shall be included in the Contract Documents. Any and all Change Orders become part of the Contract
  Documents.
CONTRACT SUM: The Contract Sum is the total amount stated in the Purchase Order, and is the total dollar
  amount payable by WPCSD to the contractor for the performance of the Work under the Contract Documents.
  The Contract Sum can be changed only by Change Order.
CONTRACT TIME: The Contract Time is the period of time in calendar days allotted in the Contract Documents
  for the completion of the Work. Contract Time includes adequate time to allow for usual weather delays
  considering the climatic conditions in the area of the project. No adjustment to the contract time will be
  allowed on the account of usual weather. The Contractor shall include adequate float or other allowance in the
  construction schedule to accommodate weather conditions associated with weather dependent work. An
  extension to the Contract Time will be considered only in the event of abnormal or unusual weather delay.
  The Contract Time can be changed only by Change Order.

                                                       Page 3
CONTRACTOR: The term Contractor means the successful Bidder or his authorized representative. The
  Contractor is the person or organization identified as the vendor on the Purchase Order issued as a result of
  this bid. The Contractor is referred to throughout the Bid Documents as if singular in number and masculine
  in gender.
DISADVANTAGED VENDOR ENTERPRISE CLAUSE: The White Pine County School District recognizes the
   benefit of creating an equal opportunity for all vendors to participate in the procurement process; WPCSD is
   committed to diversity and nondiscrimination in its business operations. Accordingly, WPCSD will make a
   good-faith effort to utilize minority business enterprises, women-owned business enterprises, disabled
   business enterprises, veteran/disabled or veteran-owned business enterprises, and small business enterprises
   throughout the procurement process. This effort does not equate to a quota or set percentage. All efforts to
   contact and engage small, minority, disabled, veteran, and women vendors will be fair and impartial.
JOINDER CLAUSE: With the agreement of the vendor, the WPCSD may join, or mutually use, the contracts or
   pricing agreements of appropriate federal, state, and local entities and consortiums. Where the WPCSD uses
   the original contract in order to obtain quantity pricing or other competitive discounts, the original contract is
   not liable for the obligations of the WPCSD. The requirements for competitive quotations and/or formal
   bidding may be considered satisfied through the use of the joinder contracts, including federal/state/local
   contracts, consortium agreements, and the educational pricing agreements.
JOINT VENTURE BID: A single bid submitted by two or more contractors who propose to perform the work
   jointly.
NOMENCLATURES: The terms successful bidder, supplier, vendor, or contractor may be used interchangeably
  in these specifications and shall refer exclusively to the firm with whom the WPCSD enters into a contract as
  a result of this solicitation. The terms WPCSD, university, college, or owner may be used interchangeably in
  these documents and shall refer to the White Pine County School District and the specific institution and
  department on whose behalf this bid and resultant contract is and will be carried out.
OWNER: Owner is another term for WPCSD. WPCSD is synonymous with the Board of Trustees of the White
  Pine County School District on behalf of the institution identified in the Notice to Contractors and elsewhere
  in the Bid Documents.
PLACE OF BIDDING: The specific location established for the public opening of bids. This will always be the
   District Office located at 1135 Avenue C, Ely, NV 89301, unless stipulated otherwise in the Bid Documents.
PROJECT: Project is another term for Work and may be used interchangeably. Project includes all of the efforts
   performed by WPCSD, the architect, bidders, the contractor, and various and sundry other parties, prior to,
   during, and following the construction of the Work.
SAMPLES: Samples are physical examples furnished by the Bidder or Contractor to illustrate materials,
  equipment, finishes, or workmanship, and to establish standards by which the Work will be judged.
SHOP DRAWINGS: Shop Drawings are drawings, diagrams, illustrations, performance charts, brochures,
   samples, and other data which are prepared by the Bidder or Contractor or any Subcontractor, manufacturer,
   supplier or distributor, which illustrates some portion of the Work.
SUBCONTRACTOR: A Subcontractor or Sub-Contractor is a person or organization who has a direct or indirect
   contract with the Bidder or Contractor to perform any of the Work. The term Subcontractor is referred to
   throughout the Bid Documents as if singular in number and masculine in gender and means a Subcontractor
   or his authorized representatives.
WPCSD: The Board of Trustees of the White Pine County School District acting on behalf of the institution
  identified in the Notice to Contractors and elsewhere in the Bid Documents. (See Owner)
VALIDITY OF PROPOSAL: Proposals in response to this Invitation to Bid shall be valid for a period of 60 days
  from the date required for receipt proposal.



                                                        Page 4
WORK: All plant, labor, materials, equipment, tools, transportation, power, water, permanent and temporary
  utilities, connections, fees, provisions of safety, and all incidental and other things necessary to produce the
  finished construction required by the Bid Documents as defined herein. (See Description of Work - Page 38)




                                                       Page 5
                                        INSTRUCTIONS TO BIDDERS
QUESTIONS: Inquiries about the bid documents are encouraged and should be directed to the District Contact.
  Questions should be e-mailed or faxed to the District Contract shown on the Notice to Bidders. Assistance in
  the preparation of all required forms and documents will be provided upon request.
RULES FOR SUBMITTING BIDS
Bid Submittal Deadline: The Bid Submittal Deadline is 5:00 PM on the Bid Due Date shown on the Notice to
    Contractors. Bids must arrive in the WPCSD Office, 1135 Avenue C, Ely, Nevada, 89301, by the Bid
    Submittal Deadline. Bids received anytime after the Bid Submittal Deadline will be considered late and will
    not be considered for award.
Responsibility: Bidders are solely responsible for ensuring their Bid is received by WPCSD in accordance with
   the solicitation requirements, before the Bid Submittal Deadline, and at the place specified. WPCSD shall not
   be responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken
   delivery. Delivery of bid shall be made at the office specified in the Notice to Contractors. Deliveries made
   before the Bid Submittal Deadline but to the wrong WPCSD office will be considered non-responsive unless
   re-delivery is made to the office specified before the Bid Submittal Deadline and time specified in the Notice
   to Contractors.
Extension of Bid Submittal Deadline: The WPCSD reserves the right to extend the Bid Submittal Deadline when
    it is in the best interest of the WPCSD.
Facsimile Transmissions: Bids may NOT be submitted by facsimile or any other electronic means.
Forms: To be considered for award, each bid shall be made on forms furnished by the WPCSD or reasonable
   facsimiles. Failure to completely execute and submit the required documents providing all requested
   information before the Bid Submittal Deadline may render a bid non-responsive. The documents that must be
   returned by bid opening time, are listed as attachments to the "Contractor’s Bid Form."
Late Bids: This is a formal solicitation with a formal Date and Time Due. The Date and Time Due IS FIRM.
    Bids will NOT be accepted after the Date and Time Due and will be returned to the bidder unopened.
Signature: To be considered for award, each bid submitted must be signed by the person or persons legally
    authorized to bind the bidder to a contract for the execution of the work. Bidder’s authorized representative
    must properly initial any erasures or alterations of any kind. Bids that contain omissions or improper erasures
    or irregularities may be rejected.
Sealed: Bids MUST BE submitted in a sealed envelope or other secure form of packaging, bearing on the outside
    the name of the bidder, its address and the project name and bid number for which the bid is submitted. No oral,
    electronic, telegraphic, or telephonic bids or modifications will be considered.
Contractor’s License: All Bidders shall be licensed by the State of Nevada to do the type and value of work
   contemplated in this project. The successful bidder shall possess a valid and applicable Contractor's License
   issued by the Nevada State Contractors Board under the provisions of Chapter 624 of Nevada Revised
   Statutes, at the time of submitting his bid.
    All bidders shall ensure that all sub-bids utilized in preparing the bid have been obtained from subcontractors
    who are properly licensed on the bid date by the Nevada Contractors Board to perform their portion of the
    work. A subcontractor named by the bidder who is not properly licensed for that portion of the work is
    unacceptable. The bidder shall provide an acceptable subcontractor within 48 hours of discovery of the
    exception and before any further work on the project is undertaken.
    Bidders proposing to submit a “Joint Venture Bid” shall obtain the written approval of the Nevada State
    Contractors Board prior to submitting such a bid and shall include a copy of that approval with their bid
    submittal.


                                                       Page 6
Skill and Experience: Each bidder shall be skilled and regularly engaged in the general class or type of work
    called for under the contract. To determine the degree of responsibility to be credited to the bidder, the
    WPCSD will weigh any evidence that the bidder has performed satisfactorily other contracts of like nature,
    magnitude and comparable difficulty and comparable rates of progress. The bidder's experience shall be set
    forth and submitted on the form provided. It is the intention of the WPCSD to award a contract to a bidder
    who furnishes satisfactory evidence that the bidder has the requisite experience, ability, sufficient capital,
    facilities, and plant to enable the bidder to prosecute the work successfully and properly, and to complete it
    within the time specified in the contract.
JOINT VENTURE: In the event a bid proposal is made by two or more bidders as a joint venture, such bid
   proposals shall be submitted in strict accordance with NRS 624.290, and the Rules and Regulations of the
   State Contractors Board. All proposals submitted by contractors in joint venture must be signed by an
   authorized officer of each firm to the joint venture, and show the State of Nevada Contractor’s License
   number of each partner to the joint venture.
SUBCONTRACTORS
Listing of Subcontractors: Each bid shall list, on the form provided by WPCSD or a reasonable facsimile, each
    subcontractor who will provide labor or a portion of the Work to the contractor and a description of the
    portion of the work which each subcontractor will complete. This list is to represent all subcontractors who
    will be doing work in excess of 1% or $50,000.00, whichever is greater of the General Contractor’s total bid
    price, if the Contractor is awarded the contract. The license numbers issued to the subcontractors pursuant to
    chapter 624 of the NRS must be included on the form provided by WPCSD. Subcontractors who are not
    listed will not be used without the written approval of the WPCSD. If a bidder fails to submit such a list, his
    or her bid shall be deemed non-responsive.
    After receipt of the Letter of Intent to award the contract, within forty-eight (48) hours the successful bidder
    shall submit to WPCSD a final, complete listing of the names and addresses of ALL subcontractors who will
    participate in any portion of the work along with the subcontractors’ license numbers and limits.
    A bidder may indicate on the List of Subcontractors form, that there will be no subcontractors used on the
    project or that the list submitted with the bid is complete and there will be no additions or changes.
Subcontractor Competency: The successful bidder will be required to establish to the satisfaction of the WPCSD
   the competency, reliability and responsibility of the subcontractors proposed to furnish or perform the work
   described in the contract documents. Before the award of the contract, the WPCSD will notify the bidder in
   writing if, after due investigation, WPCSD has objection to any proposed subcontractor, and the Bidder will
   submit an acceptable substitute.
    Persons and entities proposed by the bidder to be used as subcontractors, and to whom WPCSD has made no
    reasonable objection, must be used on the Work for which they were proposed and shall not be changed
    except with the written consent of the WPCSD.
INFORMED BIDDER: Bidders are expected to fully inform themselves as to the conditions, requirements, and
   specifications before submitting bids. Failure to do so will be at the bidders’ own risk and they cannot secure
   relief on the plea of error.
MEASUREMENTS: It is the responsibility of the bidder to make all measurements to determine his bid price.
  WPCSD will not be responsible for determining the quantities of materials necessary to complete the work
  specified.
SPECIFICATIONS & WORK SITE INSPECTION: It is the responsibility of the bidder to carefully and
   personally examine the specifications and site of the proposed work, access to the work, aboveground and
   underground utilities, buildings, structures or other improvements that may be within the limits of the work or
   adjacent to the work and which may or may not be shown on the plans, public safety and traffic requirements.



                                                         Page 7
    If a bidder finds facts or conditions that appear to be in conflict with the plans and specifications the bidder
    may apply to WPCSD, in accordance with these bid documents, for additional information and/or clarification
    before submitting its bid. However, no such supplemental information or clarification so requested or
    furnished shall vary the terms of the specifications of the work to be performed unless included in an
    Addendum to this bid document that is issued by WPCSD.
    It is the Contractor’s responsibility to ascertain the existence of any conditions affecting the cost of work
    which could have been disclosed by reasonable examination of the site. While it is believed that much of the
    information pertaining to conditions which may affect the cost of the proposed Work will be shown on the
    Drawings, or be indicated in the Specifications, WPCSD does not warrant the completeness or accuracy of
    such information.
    Existing improvements visible at the job site, for which no specific disposition is made on the Drawings, but
    which could reasonably be assumed to interfere with the satisfactory completion of the improvements
    contemplated by the Drawings, shall be removed and disposed of by the Contractor after written notification
    is given to WPCSD.
    The submission of a bid by a bidder shall constitute the acknowledgment that he has relied and is relying on
    his own examination of (a) the site of the work, (b) the access to the site and (c) all other data, matter and
    things requisite to the fulfillment of the Work and on his own knowledge of existing services and utilities on
    and in the vicinity of the site of the Work to be construed under the contract, and not on any representations or
    warranty by WPCSD. No claim will be allowed for additional compensation that is based upon a lack of
    knowledge of the above items.
BIDDER AGREEMENT TO TERMS AND CONDITIONS: Submission of a signed bid, without writing to the
   contrary, will be interpreted to mean bidder is in agreement with all the instructions, terms and conditions,
   certifications and affidavits, scope of work, specifications and plans set forth in the bid.
INTERPRETATION OF BID DOCUMENTS: Doubts as to the true meaning of any part of the specifications or
   other bid or contract documents, or discrepancies or omissions in the specifications, should be submitted to
   WPCSD via a written request for interpretation or correction. Requests should be made in writing to the
   Buyer at the address shown on the Notice to Contractors. When the WPCSD considers interpretations
   necessary, interpretations will be in the form of an addendum to the contract documents, and when issued,
   will be sent as promptly as is practical to all parties recorded as having received contract documents. All such
   addenda shall become a part of the bid and any resulting contract. Oral and other interpretations or
   clarifications shall be without legal or contractual effect.
    It is the responsibility of each bidder to ensure WPCSD has their correct business name and address on file.
    Any prospective bidder who obtained a set of bid documents from anyone other than WPCSD is responsible
    for advising WPCSD that they wish to receive subsequent Addenda.
BID (SECURITY) BOND: Each bid shall be accompanied by a certified check, cashier’s check, or bid bond duly
   completed on an acceptable form by a guaranty company authorized to carry on business in the State of
   Nevada and with an A. M. Best rating of at least A-, in an amount equal to at least five percent (5%) of the
   sum of the total bid, including any options. Said check or bond is to be payable without condition to the
   Board of Trustees of the White Pine County School District as a guaranty that the bidder, if awarded the
   contract, will promptly execute the contract in accordance with the Bid, in the manner and form required by
   the contract documents. The bid security shall be forfeited to the WPCSD as liquidated damages in the case
   of failure or neglect of the bidder to furnish, execute and deliver to the WPCSD the required performance and
   payment bond(s) and evidences of necessary insurance coverage within seven (7) days after receiving the
   purchase order. Bid security or bid bonds submitted with bids will be returned to all unsuccessful bidders
   upon issuance of the purchase order award.
MODIFICATION AND WITHDRAWAL OF BIDS: Any bidder who wishes to make modifications to a bid
  already received by WPCSD must withdraw his bid in order to make the modifications and then resubmit. All
  modifications must be made in ink, properly initialed by bidder’s authorized representative, executed, and
                                                       Page 8
    submitted in the same form and manner as the original bid. It is the responsibility of the bidder to ensure that
    modified or withdrawn bids are resubmitted before the time announced for the opening of bids. A bidder may
    withdraw any bid he has submitted at any time prior to the hour set for the opening of the bids. No
    withdrawal or modification will be permitted after the hour designated for opening of bids.
REJECTION OF BIDS, WAIVER OF INFORMALITIES: The WPCSD reserves the right to reject any or all bids
   or any part of a bid. WPCSD reserves the right to reject the bid of any bidder who previously failed to
   perform adequately for the WPCSD or any other governmental Agency, or who is in default on the payment
   of taxes, licenses, or other monies due WPCSD or any other governmental Agency. The Director of
   Purchasing reserves the right to waive minor irregularities when deemed to be in the best interest of WPCSD.
SUBSTITUTIONS: Bids shall be based on the exact materials specified. The specified products have been used
   in the design of the Project and in the preparation of the Drawings and Specifications, and as such establish
   minimum standards of function, dimension, appearance, and quality necessary for the Project. Equivalent
   products of other manufacturers may be acceptable, if, in the judgment of the Architect, they meet the
   standards of the Specifications. The burden of proof of equality rests with the Contractor. The Contractor
   shall submit in writing any requests for substitutions. Shop Drawings that are submitted to the Architect do
   not constitute a request for substitution. Materials not specified or accepted as equivalent shall not be
   acceptable for installation.




                                                       Page 9
                                  CONTRACT TERMS AND CONDITIONS
Formation of a Contract: Bidder’s signed bid (offer) and WPCSD’s written acceptance in the form of a purchase
   order shall constitute a binding contract.
Contract Documents: The contract, in the form of a purchase order and attachments, together with this bid and the
   Successful Bidders submission constitutes the entire agreement between the parties and may be modified only
   by written and numbered change orders executed by WPCSD.
Independent Contractor: The parties agree that the Contractor is an independent contractor and that this contract is
    entered into in accordance with NRS 284.173.
Severability: If any provision or any portion of any provision, of any contract resulting from this bid shall be held
   invalid, illegal, or unenforceable, the remaining provisions or portions of any provisions shall be valid and
   enforceable to the extent possible.
Jurisdiction: This Agreement shall be construed and interpreted according to the laws of the State of Nevada.
Written Notice: Written notice shall be deemed to have been duly served if delivered in person to the individual
   or member of the firm or to an officer of the organization for whom it was intended, or if delivered at or sent
   by registered or certified mail to the last business address known to him who gives the notice.
Timing: A Calendar Day is any day of the year including weekends and holidays. Unless otherwise agreed upon,
   normal working days are considered to be Monday through Friday, excluding State holidays. If the
   Contractor desires to work on any weekend day or recognized State holiday, he shall obtain WPCSD’s written
   approval at least 5 days in advance of the scheduled work day.
    The date of commencement of the Work is the date established in the Purchase Order issued by WPCSD. The
    Contractor shall carry the Work forward expeditiously with adequate forces and shall complete the Work
    within the Contract Time.
    It is agreed by the Contractor and WPCSD that the time established in the Contract Documents is an
    acceptable time for completion of the Work considering the average climatic range and the usual industrial
    and labor conditions prevailing in the locality of the Work. The Contractor’s bid shall be based on the
    Contract Time specified in the Contract Documents and shall not be based on an early completion schedule.
    No additional compensation will be allowed to the Contractor for delays to an early completion schedule.
Contract Time Extensions: All claims for extensions of time shall be made in writing to WPCSD within 7
   calendar days after the beginning of the delay; otherwise, they will be disallowed. If the Contractor is delayed
   at any time in the progress of the Work by any act or neglect of WPCSD or the Architect, or by any employee
   of either, or by any separate contractor employed by WPCSD, or by changes ordered in the Work, or labor
   disputes, fire, unusual weather conditions, unusual delay in transportation, or by unavoidable casualties, the
   Contract Time may be extended by Change Order for such reasonable time as WPCSD may determine.
    It is further expressly understood and agreed that the Contractor shall not be entitled to any damages or
    compensation, or be reimbursed for any losses, on account of any delay resulting from any of the aforesaid
    causes or any other cause regardless of whether the delay is foreseeable or not, except that WPCSD agrees to
    compensate the Contractor for any damages resulting from any affirmative, willful act in bad faith performed
    by WPCSD or his employees which unreasonably interfered with the Contractor’s ability to perform the
    Work.
    An extension in Contract Time for a delay will be allowed only in the case that a normal working day is lost.
    A normal working day is defined as any day, except weekends and holidays, during which the Contractor can
    work for at least four hours. Delays will not be allowed for non-working days (e.g., weekends and holidays).




                                                       Page 10
    Claims by the Contractor for delays will not be allowed on account of failure to furnish interpretations, until
    14 days after a Request for Information is submitted by the Contractor, and then not unless such claim is
    reasonable.
    Extensions of Contract Time shall not be allowed for the following types of delays:
         Delays which could have been avoided by the exercise of care, prudence, foresight, and diligence on
            the part of the Contractor;
         Delays in the execution of parts of the Work, which may in themselves be unavoidable, but do not
            prevent or delay prosecution of other parts of the Work, nor the completion of the whole Work within
            the time specified;
         Delays arising from interruptions occurring in the prosecution of the Work on account of reasonable
            interference of other contractors employed by WPCSD, which do not prevent the completion of the
            whole Work within the Contract Time.
Substantial Completion: Substantial Completion is the stage in the progress of the Work, or a designated portion
   thereof, when construction is sufficiently complete in accordance with the Contract Documents, so that
   WPCSD can occupy or utilize the Work for its intended use. When the Contractor determines that the Work,
   or a portion thereof, which WPCSD agrees to accept separately, is substantially complete, the Contractor shall
   prepare and submit to WPCSD and the Architect a list of items to be completed or corrected. The failure to
   include any items on the list does not alter the responsibility of the Contractor to complete all work in
   accordance with the Contract Documents. Use and occupancy prior to final completion does not constitute
   acceptance by WPCSD either of the complete Work or any portion thereof, nor will it relieve the Contractor
   of full responsibility for correcting defective work or material found at any time prior to completion of the
   entire Project or during the guarantee period. Inspections for Substantial or Final Completion may be
   requested by the Contractor only after the status of completion has been reviewed with WPCSD and WPCSD
   agrees/concurs that the Work is ready for such inspection.
Notice of Completion: Upon receipt of written notice from the Contractor that the Work is completed and is ready
   for final inspection, WPCSD and the Architect will within a reasonable time, make such inspection. When the
   Work and provisions of the Contract Documents are fully and satisfactorily completed, WPCSD may record a
   Notice of Completion and will pay to the Contractor a final payment consisting of the remaining unpaid
   balance of the contract sum due to Contractor. The acceptance of the final payment by the Contractor shall
   terminate WPCSD-Contractor Agreement after which time the terms and conditions of the Guarantees and
   Warranties shall continue to apply to the Work. The date indicated on the recorded Notice of Completion is
   the official completion date of the Contract.
Insurance: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall, at the
    Contractor’s sole expense, procure, maintain and keep in force the amounts and types of insurance
    conforming to the minimum requirements set forth in this Section. If the Contractor fails to comply with this
    Section, the Contractor shall be considered in default of the Contract. The required insurance shall be in
    effect prior to the commencement of work by the Contractor and shall continue in force until the latter of: (1)
    final acceptance by WPCSD of the completion of the Contract, or (2) such time as the insurance is no longer
    required by WPCSD under the terms of the Contract. As evidence of compliance with the insurance required
    the Contractor shall furnish WPCSD with Certificates of Insurance naming the Board of Trustees of the White
    Pine County School District as additional insured, and signed by an authorized representative of the insurer(s)
    providing the coverage. If evidence of coverage is not provided within seven (7) calendar days after issuance
    of the Purchase Order, the bid guarantee will be forfeited and the Contract may be awarded to the next low
    responsible bidder. All insurance policies must be specifically endorsed to provide WPCSD with 45 days
    written notice of cancellation, non-renewal or restriction of coverage. The Contractor shall provide WPCSD
    with renewal or replacement evidence of insurance no less than 30 days before the expiration or replacement
    of the required insurance.
    The insurance provided by the Contractor or his Subcontractors pursuant to this Contract shall apply on a
    primary basis and any other insurance or self-insurance maintained by WPCSD shall be excess of and not
    contributing with the insurance provided by or on behalf of the Contractor. Coverage maintained by the
                                                       Page 11
    Contractor or his Subcontractors shall apply on a first dollar basis without application of a deductible or self-
    insured retention.
    Neither approval by WPCSD nor failure to disapprove the insurance furnished by the Contractor or his
    Subcontractors shall relieve the Contractor of the Contractor’s full responsibility to provide the insurance and
    bonds required by this Contract. Further, compliance with the insurance and bond requirements of this
    Contract shall not limit the liability of the Contractor or his subcontractors, employees or agents to WPCSD or
    others, and shall be in addition to and not in lieu of any other remedy available to WPCSD under this Contract
    or otherwise.
Insurers’ Rating: Insurers or sureties providing the insurance or bonds required by this Contract must be: (1)
    authorized to conduct business and issue policies by the Department of Insurance of the State of Nevada, or
    (2) with respect only to the Workers’ Compensation coverage, authorized as a self-insurer under NRS
    616.291. In addition, insurers or sureties shall have and maintain throughout the period for which coverage is
    required, a Best’s Rating of “A-“ or better and a Financial Size Category of “VII” or better according to A.M.
    Best Company. Coverage provided by Underwriters at Lloyd’s, London shall be exempt from this
    requirement. If at any time during the period when insurance is required by the Contract, an insurer or surety
    shall fail to comply with the foregoing minimum requirements, as soon as the Contractor has knowledge of
    any such failure, the Contractor shall immediately notify WPCSD and immediately replace such insurance or
    bond with an insurer meeting the requirements.
Workers’ Compensation Insurance: Nevada Law requires that the contractor shall provide worker’s compensation
   insurance as stated in NRS 616B.627 or proof that compliance with the provisions of NRS Chapter 616A-D
   and all other related chapters is not required. The contractor shall require the same insurance when the work
   is to be performed by a subcontractor. Certificates of contractor’s insurance shall be filed with the WPCSD
   prior to commencing work.
Commercial General Liability: The Contractor’s insurance shall cover the Contractor for those sources of liability
   which would be covered by the latest occurrence form edition of the standard Commercial General Liability
   Coverage Form as filed for use in the State of Nevada by the Insurance Services Office, without the
   attachment of restrictive endorsements except that coverage for Medical Payments and Fire Damage Legal
   Liability may be eliminated. The Contractor shall maintain separate limits of coverage applicable only to the
   work performed under this Contract. The minimum limits to be maintained by the Contractor (inclusive of
   any amounts provided by an umbrella or excess policy) shall be those that would be provided with the
   attachment of ISO endorsement - Amendment of Limits of Insurance (Designated Project or Premises) - to a
   Commercial General Liability Policy with the minimum amounts stated under Required Limits of Insurance.
    The Contractor shall continue to maintain Products/Completed Operations coverage for a period of three
    years after the Contract completion date. The insurance shall cover those sources of liability which would be
    covered by the latest occurrence form edition of the Commercial General Liability Form or the occurrence
    form edition of the Products/Completed Operations Liability Coverage Form, as filed for use in the State of
    Nevada by the Insurance Services Office, without restrictive endorsements. The minimum limits to be
    maintained by the Contractor (inclusive of any amounts provided by an umbrella or excess policy) shall be
    the amounts stated under Subsection 8.8 (Required Limits of Insurance).
Business Auto: The Contractor’s insurance shall cover the Contractor for those sources of liability which would
   be covered by the latest occurrence form edition of the standard Business Auto Policy, including coverage for
   liability contractually assumed, as filed for use in the State of Nevada by the Insurance Services Office,
   without the attachment of restrictive endorsements. Coverage shall be provided for owned, non-owned and
   hired autos used in connection with this Contract. The minimum limits to be maintained by the Contractor
   (inclusive of any amounts provided by an umbrella or excess policy) shall be the amounts stated under
   Required Limits of Insurance.
Property Insurance: The Contractor shall provide all risk Builders’ Risk insurance on a form which is no more
   restrictive than that afforded by the latest editions of Insurance Services Office Builders’ Risk Coverage Form

                                                       Page 12
    and Causes of Loss-Special Form, and including coverage for Collapse During Construction. The amount of
    insurance is to be 100% of the completed value of such addition(s), building(s) or structure(s), and recovery
    shall be based on completed replacement value. The Builders’ Risk Policy must not be subject to any
    limitation or exclusion of coverage because of occupancy of the building(s), addition(s) or structure(s) in the
    course of construction. The policy must be endorsed to provide that, subject to the notice of cancellation
    requirement, coverage will continue to apply until final acceptance of the building(s), addition(s) or
    structure(s), or the machinery or equipment by WPCSD. The maximum deductible shall be $5,000 per
    occurrence.
Required Limits of Insurance: The minimum amounts of insurance (inclusive of any amounts provided by an
   umbrella or excess policy) shall be as follows:
       Commercial General Liability:
               General Aggregate                                                        $ 1,000,000
               Personal and Advertising Injury                                          $ 1,000,000
               Each Occurrence                                                          $ 1,000,000
       Fire Damage (Any One Fire)                                                       $ 100,000
               Medical Expense (Any One Person)                                         $      5,000
       Automobile Liability (Combined Single Limit)                                     $ 1,000,000
       Workers’ Compensation and Employers’ Liability                          Statutory Limits for Nevada
               Each Accident                                                            $ 1,000,000
               Disease-Policy Limit                                                     $ 1,000,000
               Disease-Each Employee                                                    $ 1,000,000
       Property Insurance: Builders’ Risk - 100% of the completed value of building(s), addition(s) and/or
               structure(s).
NOTE: All Subcontractors must carry a minimum of $1,000,000 Commercial General Liability; with the General
     Contractor having the discretion to require additional coverage depending on the risk.
Performance and Payment Bonds: Upon notification to the bidder of the acceptance of the bid, the successful
    bidder shall immediately cause to be executed Performance and Payment Bonds in a form acceptable to
    WPCSD for 100% of the Contract Sum. If the Performance and Payment Bonds are not furnished within
    seven (7) calendar days after receipt of the acceptance of the bid, the bid guarantee (Bid Bond) may be
    forfeited and the Contract may be awarded to the next low responsible bidder. WPCSD will not require the
    Contractor to increase the Performance and Payment Bonds to accommodate Change Orders, unless a Change
    Order amounts an increase of more than 25% in the Contract Total. WPCSD will not pay additional costs for
    increased bond fees resulting from Change Orders on the work.
    WPCSD reserves the right to require the Contractor to obtain Performance and Payment Bonds for any
    Subcontractor’s bid. WPCSD will pay the actual cost of any bond so required, not including any overhead
    and profit. If said bonds cannot be obtained within 30 calendar days of notification, the Subcontractor shall
    be replaced at no additional cost to WPCSD.
Liquidated Damages: It is hereby mutually agreed, between the Contractor and WPCSD, that Contract Time is an
   essential condition of the Contract. The Contractor agrees that all work shall be prosecuted regularly,
   diligently, and without interruption at a rate of progress that will ensure completion of the Work within the
   Contract Time. It is expressly understood and agreed, by and between the Contractor and WPCSD, that the
   time for completion described in the Contract Documents is an acceptable time for the completion, taking into
   consideration the average climatic range and usual industrial and labor conditions prevailing in the locality of
   the Work. If the Contractor shall neglect, fail, or refuse to complete the Work within the specified Contract
   Time, as it may be extended by Change Order, then the Contractor does hereby agree, as a part of the
   consideration for receiving the award of the Contract, to pay to WPCSD, not as a penalty, but as liquidated
   damages, the amount of money specified for each and every excess calendar day that is required to complete
   the Work.



                                                      Page 13
    The percentage of liquidated damages is established as 0.25% per day for every Calendar Day after the
    Contract Time that the Work is not complete, and is a minimum and fixed amount mutually agreed upon by
    and between the Contractor and WPCSD due to the impracticability and extreme difficulty of ascertaining in
    advance the actual damages WPCSD would sustain should the Work not be completed within the Contract
    Time. Should monies due the Contractor for work performed be insufficient to cover such liquidated
    damages, then WPCSD shall have the right to recover said sum or sums from the Contractor, from his Surety,
    or both.
    Liquidated damages will be assessed against the Contractor for the time that is required to complete the
    Contract over and above the authorized Contract Time. All changes to authorized Contract Time shall be set
    forth in Change Orders. Liquidated Damages shall cease to be assessed on the date of Notice of Completion.
Claims for Damages: Should either party to the Contract suffer injury or damage to person or property because of
    any act or omission of the other party or of any of his employees, agents, or others for whose acts he is legally
    liable, claim shall be made in writing to such other party within 14 days after the first knowledge of such
    injury or damage. Any costs caused by defective or ill-times work shall be paid by the Contractor.
Arbitration: All claims, disputes and other matters in question arising out of, or relating to the Contract, or breach
   thereof, which arise prior to the termination of the guarantee period specified in the Contract Documents,
   shall be decided by arbitration, upon the written demand of either party, in accordance with the Nevada
   Arbitration Association, unless the parties mutually agree otherwise. This agreement to arbitrate shall be
   specifically enforceable under the prevailing arbitration law.
Termination by the Contractor: The Contractor may, upon 7 days written notice, terminate the Contract if the
   Work is stopped for a period of 30 days through no act or fault of the Contractor, or a Subcontractor, or their
   employees or agents, for any of the following reasons:
        Issuance of a court order or other order from a public authority having jurisdiction;
        Failure by WPCSD to make payment to the Contractor within the time specified herein.
   If one of the aforementioned reasons exists, the Contractor may terminate the Contract and recover from
   WPCSD payment for work executed and for proven loss with respect to materials, equipment, tools, and
   construction equipment, including reasonable overhead, profit and damages.
Termination by WPCSD: If the Contractor is adjudged bankrupt, or if he makes a general assignment for the
   benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or
   repeatedly refuses or fails to supply enough properly skilled workmen, proper supervision or proper materials,
   or if he fails to make prompt payment to Subcontractors or to materials suppliers for materials or labor, or
   persistently disregards laws, ordinances, rules, regulations or orders of any public authority having
   jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then
   WPCSD may, without prejudice to any right or remedy and after giving the Contractor and his Surety 7 days
   written notice, terminate the employment of the Contractor and take possession of the site and of all materials,
   equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the
   Work by whatever method he may deem expedient. In such case, the Contractor shall not be entitled to
   receive any further payment until the Work is finished.
    WPCSD expressly reserves the right to terminate the Contract at any time due to a national emergency, court
    injunction, or for any reason determined to be in the best interest of the University of Nevada, Reno.
    Termination shall be effected by giving the Contractor 7 days written notice. In this case, payment to the
    Contractor shall be made as if termination was initiated by the Contractor.
    If the unpaid balance of the Contract Sum exceeds the costs of finishing the Work, including compensation
    for any additional professional services, such excess shall be paid to the Contractor. If such costs exceed the
    unpaid balance, the Contractor shall pay the difference to WPCSD.
Separate Contracts: WPCSD reserves the right to award other contracts in connection with other portions of the
   Project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage
   of their materials and equipment and the execution of their work, and shall properly connect and coordinate
                                                       Page 14
    his work and theirs. If any part of the Contractor’s work depends on the proper execution of the work of any
    other separate contractor, the Contractor shall inspect and promptly report to WPCSD and the Architect any
    discrepancies or defects in such other work. Failure of the Contractor to so inspect and report shall constitute
    an acceptance of the other Contractor’s work as fit and proper to receive his work, except as to defects which
    may develop in the other separate Contractor’s work after the execution of the Contractor’s work. The
    Contractor shall do all cutting, fitting, and patching of his Work that may be required to fit it to receive or be
    received by the work of other contractors shown upon, or reasonably implied by, the Contract Documents.
    The Contractor shall not endanger or alter the work of any other contractor.
    Should the Contractor cause damage to the work or property of any separate contractor on the Project, the
    Contractor shall, upon written notice, settle with the other contractor by agreement or arbitration, if he will so
    settle. If the separate contractor sues WPCSD on account of any damage alleged to have been sustained,
    WPCSD shall notify the Contractor who, at his sole expense, shall defend the proceedings and pay all costs in
    connection therewith, including, but not limited to, all court costs and attorney fees, and any judgments
    against WPCSD arising therefrom. If a dispute arises between the separate contractors as to their
    responsibility for cleaning up, WPCSD may clean up and charge the cost thereof to the contractors as WPCSD
    determines to be just.
Assignment: The Contractor binds himself and each of his partners, successors, assigns and legal representatives
   to WPCSD and to WPCSD’s partners, successors, assigns and legal representatives in respect to all covenants,
   agreements, and obligations contained in the Contract Documents. He shall not assign the Contract or sublet
   it as a whole without the written consent of WPCSD, nor shall the Contractor assign any moneys due or to
   become due to him hereunder, without the previous written consent of WPCSD.
Severability: The Contract and the various provisions thereof are severable. Should any part, clause, provisions or
   terms be declared invalid, ineffective or unenforceable, the remaining provisions shall remain in full legal
   force and effect.
Indemnification: To the fullest extent permitted by law, the Contractor shall indemnify, hold harmless and defend
    WPCSD, WPCSD’s officials, officers, employees and agents, and the Architect and his agents and employees
    from and against any claim, action, damage, loss, injury, liability, cost and expense, including but not limited
    to attorney’s fees and court costs, arising out of injury (whether mental or corporeal) to persons, including
    death, or damage to property, including loss of use resulting therefrom, arising out of or incidental to the
    performance of the Work performed hereunder, whether or not due to or caused by negligence of WPCSD,
    regardless of whether or not such claim, action, damage, loss, injury, liability, cost or expense is caused in
    part by a party indemnified hereunder.
    In any and all claims against WPCSD or Architect, or any of their agents or employees by any employee of
    the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for
    whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any
    limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or
    any Subcontractor under Workers’ Compensation Acts, disability benefit acts, or other employee benefit acts.
    Obligations of the Contractor shall not extend to the liability of the Architect, his agents or employees arising
    out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or
    specifications; or the giving of or the failure to give directions or instructions by the architect, his agents or
    employees provided such giving or failure to give is the primary cause of the injury or damage.
    Obligations of the Contractor shall not be construed to negate, abridge, or reduce other rights or obligations of
    indemnity which would otherwise exist. This indemnification obligation shall not be diminished or limited in
    any way to the total limits of insurance required in this Contract or otherwise available to the Contractor or
    Subcontractors.
Changes in the Work: A Change Order is an amendment to the Purchase Order, issued by the WPCSD, to the
   Contractor authorizing a change in the Work, an adjustment in the amount of the Contract, or a change in the


                                                       Page 15
    Contract Time. No change to the Work, the Contract Amount, or the Contract Time, is valid without a
    properly issued Change Order.
    The cost or credit to WPCSD resulting from a change in the Work shall be determined in one or more of the
    following ways:
         By unit prices stated in the Contract Documents or subsequently agreed upon;
         By mutual acceptance of a lump sum proposal, properly itemized, to include the following:
                 o Labor, including fringe benefits, payroll taxes, and workers’ compensation insurance,
                      overhead and profit;
                 o Materials entering permanently into the Work, including sales tax;
                 o Equipment costs for equipment utilized to perform the Change Order work.
         By the actual cost of:
                 o Labor, including fringe benefits, payroll taxes, and workers’ compensation insurance,
                      overhead and profit;
                 o Materials entering permanently into the Work, including sales tax;
                 o Equipment costs for equipment utilized to perform the Change Order work;
         Total cost based on a not-to-exceed maximum cost limit.
        These costs may be increased to include a fixed fee for Subcontractor profit and overhead, General
        Contractor profit and overhead on Subcontractor work, and profit and overhead on work done by the
        General Contractor’s own forces. This fee shall not exceed the amount determined from the Change
        Order Mark-Up Schedule below for a single Change Order item, or for any group of related items, and
        shall be full compensation for the cost of supervision (to include Project Manager, Project Coordinator,
        Superintendent, Secretary, etc.), overhead, profit, tools, insurance and bonding, and all other expenses
        associated with completing the change in the scope of work.
                      Change Order Amount                                   Fixed Fee
                          Up to $10,000                                        15%
                          Over $10,000                                         10%
                 Each deductive Change Order proposal shall include a 5% minimum mark-up for
                 Contractor profit and overhead.
    All change proposals shall be submitted to WPCSD and the Architect in sufficient detail to allow a complete
    analysis of all costs. The Contractor shall, upon request by WPCSD or the Architect, submit invoices for
    materials and equipment utilized in Change Order work. Labor rates, including fringe benefits, shall be in
    conformance with the applicable Prevailing Wage Rates as published by the Nevada State Labor Commission
    for this project.
    WPCSD, or the Architect acting in conjunction with WPCSD, shall have authority to order minor changes in
    the Work which do not involve an adjustment in the Contract Sum or an extension of the Contract Time.
    Such minor changes shall be consistent with the intent of the Contract Documents. Such changes shall be
    implemented only through written memorandum, a copy of which will be filed with the Purchase Order
    master file maintained in the WPCSD Finance Office.
Shop Drawings: Shop Drawings and Samples shall be properly identified as specified, or as the Architect may
   require. At the time of submission, the Contractor shall inform the Architect in writing if any deviation in the
   Shop Drawings and Samples from the requirements of the Contract Documents. By approving and submitting
   Shop Drawings and Samples, the Contractor thereby represents that he has determined and verified all field
   measurements, field construction criteria, materials, catalog numbers and similar data, and that he has
   checked and coordinated each Shop Drawing and Sample with the requirements of the Contract Documents.
    The Architect will review Shop Drawings within 14 days, for conformance with the Contract Documents.
    The review of a separate item shall not indicate approval of an assembly in which the item functions. The
    review of Shop Drawings and Samples by the Architect shall not relieve the Contractor of responsibility for
    any deviation from the requirements of the Contract Documents, nor shall review by the Architect relieve the
    Contractor from responsibility for errors or omissions in the Shop Drawings and Samples. The Contractor
    shall make any corrections required by the Architect and shall resubmit the required number of corrected
                                                     Page 16
    copies of Shop Drawings or new Samples until no further exceptions are noted. The Contractor shall direct
    specific attention in writing on resubmitted Shop Drawings to revisions other than the corrections requested
    by the Architect on previous submittals. The number of Shop Drawings submitted and approved shall include
    three (3) sets for use by WPCSD. No work requiring a Shop Drawing or Sample submission shall be
    commenced until the submission has been reviewed and stamped by the Architect.
Contractor’s Use of Contract Documents: Copies of the Contract Documents, which are reasonably necessary for
   the proper execution, progress and satisfactory completion of the Work shall be provided to the Contractor by
   WPCSD. Copies so furnished are not to be used by the Contractor on any other project, and with the
   exception of one set for the Contractor’s records, are to be returned to WPCSD upon request at the completion
   or termination of the Work.
General Duties and Responsibilities of the Contractor: The Contractor shall carefully study and compare all parts
   of the Contract Documents with each other and with all information furnished by WPCSD and shall at once
   report any errors, inconsistencies, or omissions discovered. The Contractor shall not be liable to WPCSD or
   the Architect for damage resulting from errors, inconsistencies, or omissions in the contract Documents unless
   the Contractor recognized such error, inconsistency, or omission and knowingly failed to report it to WPCSD.
   If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency, or
   omission in the Contract Documents without such notice to WPCSD, the Contractor shall assume appropriate
   responsibility for such performance and shall bear an appropriate amount of the attributable costs for
   correction.
    The Contractor shall submit cost proposals, progress schedules, payrolls, reports, estimates, records, and other
    data as WPCSD or Architect may request concerning work performed, or to be performed under the Contract.
    The amount of reimbursement claims by the Contractor on account of any emergency action shall be
    determined in the manner provided herein for other claims.
    The Contractor shall, in a workmanlike manner, complete the Work in strict accordance with the Contract
    Documents. The Contractor shall supervise and direct all portions of the Work. He shall be solely
    responsible for all construction procedures, methods, techniques, sequences, safety, and for coordinating all
    portions of the Work to comply with the Contract Documents. He shall be responsible for the acts and
    omissions of all his employees and Subcontractors, their agents and employees, and all other persons
    performing any of the Work. 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. The Contractor shall at all times safely guard WPCSD’s property from injury or loss in connection
    with the Project. He shall at all times safely guard and protect the Work and adjacent property from damage.
    The Contractor shall replace or make good any such damage, loss, or injury unless such is caused directly by
    errors contained in the Contract Documents.
    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. He shall be responsible for the protection of
    adjacent property and the maintenance of passageways, guard fences, and other protective facilities. In the
    event of temporary suspension of work, or during inclement weather, the Contractor shall protect, and shall
    cause his Subcontractors to protect carefully his and their work and materials against damage or injury from
    the weather. If any work or materials become damaged by failure on the part of the Contractor or any of his
    Subcontractors to protect his work, such material shall be removed and replaced at the expense of the
    Contractor.
Superintendent: The Contractor shall employ a competent full-time superintendent and necessary assistants who
   shall be in attendance at the Project site during the progress of the Work. The superintendent and assistants
   shall be satisfactory to WPCSD, and shall not be changed except with the consent of WPCSD. The
   superintendent shall represent the Contractor and have full authority to act on his behalf.
    The Contractor shall, in a workmanlike manner, complete the Work in strict accordance with the Contract
    Documents. The Contractor shall supervise and direct all portions of the Work. He shall be solely
                                                      Page 17
    responsible for all construction procedures, methods, techniques, sequences, safety, and for coordinating all
    portions of the Work to comply with the Contract Documents. He shall be responsible for the acts and
    omissions of all his employees and Subcontractors, their agents and employees, and all other persons
    performing any of the Work. 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. The Contractor shall at all times safely guard WPCSD’s property from injury or loss in connection
    with the Project. He shall at all times safely guard and protect the Work and adjacent property from damage.
    The Contractor shall replace or make good any such damage, loss, or injury unless such is caused directly by
    errors contained in the Contract Documents.
    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. He shall be responsible for the protection of
    adjacent property and the maintenance of passageways, guard fences, and other protective facilities. In the
    event of temporary suspension of work, or during inclement weather, the Contractor shall protect, and shall
    cause his Subcontractors to protect carefully his and their work and materials against damage or injury from
    the weather. If any work or materials become damaged by failure on the part of the Contractor or any of his
    Subcontractors to protect his work, such material shall be removed and replaced at the expense of the
    Contractor.
    The Contractor shall ensure that all employees on the Project are paid in accordance with the Prevailing Wage
    Rates as approved by the State Labor Commission for the area or place of the Work. If any workman is paid
    less than the designated rate for any work done under the Contract, the Contractor shall forfeit, as a penalty to
    WPCSD, not less that $20.00 nor more than $50.00 for each calendar day or portion thereof that the workman
    has been paid less than the designated rate for any work done under the Contract, by him or any subcontractor
    under him. All work necessary to be performed after regular working hours, on weekends or legal holidays,
    shall be performed without additional expense to WPCSD.
    Unless otherwise specifically required, all materials and equipment incorporated in the Work shall be new,
    free of faults and defects, and shall conform to the Contract Documents. If requested Contractor shall furnish
    satisfactory evidence as to the type and quality of materials and equipment. No materials or equipment for the
    Work shall be purchased by the Contractor, nor shall he permit any Subcontractor to purchase materials or
    equipment that are subject to any chattel mortgage, or are under a conditional sale contract or other security
    agreement by which any right, title, or interest is retained by the seller.
    All materials and equipment used in the Work shall be subject to inspection and testing in accordance with
    accepted standards to ensure conformity with the requirements of the Contract Documents, laws, ordinances,
    rules and regulations, or orders of any public authority having jurisdiction. Where specific certificates
    concerning materials and/or equipment are required, securing payment for the prompt delivery of such
    certificates shall be the responsibility of the Contractor. Such certificates shall be executed by qualified firms
    acceptable to the Architect, shall include all information required by the Specifications, and shall clearly refer
    specifically to materials to be used in the Project.
Temporary Utilities: The Contractor shall be solely responsible for providing all necessary temporary utilities.
   The Contractor shall pay all costs related thereto, including, but not limited to, applications, fees, permits,
   engineering, and any other costs as may be required to acquire temporary utilities. WPCSD will not be
   responsible for any delays or costs related to obtaining temporary utilities. Temporary utilities may be
   connected to WPCSD’s existing metered utilities only with WPCSD’s written authorization. Any connection
   to WPCSD’s utilities shall be separately metered upon direction from WPCSD to allow for proper allocation
   of utility costs. Temporary meters shall be removed upon completion of the Work with WPCSD’s written
   approval.
Emergencies: In case of an emergency which threatens loss or injury of property, and/or safety of life, the
   Contractor shall act in a diligent manner, without previous instructions from WPCSD or the Architect. He
   shall notify WPCSD and the Architect immediately. The amount of reimbursement claimed by the Contractor
   on account of any emergency action shall be determined in the manner provided herein for other claims.

                                                       Page 18
    The Contractor shall maintain a current emergency telephone number list at the job site. The list shall include
    telephone numbers for responsible individuals that can be contracted after normal working hours in the event
    of an emergency.
Construction Schedule: The Contractor shall prepare and submit a construction schedule which is acceptable to
   WPCSD and/or the Architect within 14 days after issuance of the Purchase Order. The schedule shall not
   exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required
   by the conditions of the Work, shall be related to the entire Project to the extent required by the Contract
   Documents, and shall provide for expeditious and practicable execution of the Work.
    The construction schedule shall be organized to show progress for each trade or operation. As a minimum,
    the schedule shall show the order in which the Contractor proposes to perform work, and the proposed
    starting and completion dates for each activity. Activities which define critical portions of the Work shall be
    identified on the schedule. Failure by the Contractor to provide and maintain an adequate construction
    schedule shall be justification for WPCSD to withhold approval of progress payments.
Coordination Meetings: The Contractor shall schedule a weekly coordination meeting at the Project site, to be
   attended by WPCSD, Architect, Contractor’s Superintendent, and Subcontractors, as may be appropriate.
   Coordination meetings may be scheduled at less frequent intervals if agreed upon by WPCSD and the
   Contractor. The Contractor shall record each coordination meeting and shall provide a comprehensive set of
   meeting minutes to be distributed and reviewed at the next coordination meeting.
Taxes, Permits, Fees and Notices: The Contractor shall pay all sales, consumer, use, and other taxes required by
   law. The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution
   and completion of the Work. The Contractor shall not be required to pay for a municipal or county building
   permit, or permanent utility connection fees.
    The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and orders of
    any public authority bearing on the Work and WPCSD. If the Contractor observes that any of the Contract
    Documents are at variance therewith, he shall promptly notify WPCSD and/or Architect. If the Contractor
    performs any work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without
    such notice, he shall assume full responsibility therefore and shall bear all costs attributable thereto.
Access Roads: The Contractor shall be required to use designated access roads as directed by WPCSD, and these
   roads shall be kept passable at all times. The Contractor shall be entirely responsible for any damage to roads,
   trees, shrubs, gates, fences, grass, curbs, gutters, and driveways due to construction usage. All damaged
   portions shall be restored to the same condition as existed before the commencement of the Work. Dirt roads
   shall be periodically sprinkled with water when dust conditions create an on site or off site hazard or nuisance
   to workmen, neighboring properties, or the public in general.
Patents and Royalties: The Contractor shall hold and save WPCSD and his officers, agents, and employees
    harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented
    or unpatented invention, process, article, or appliance manufactured or used in the performance of the
    Contract, including its use by WPCSD, unless otherwise specifically stipulated in the Contract Documents. If
    the Contractor uses any design, device or materials covered by letters, patent or copyright, he shall provide for
    such use by suitable agreement with WPCSD of such patented or copyrighted design, device or material. It is
    mutually agreed and understood, that without exception, the Contract Sum shall include all royalties or costs
    arising from and the use of such design device or materials, in any way involved in the Work.
Construction Surveys: Unless otherwise expressly provided for in the Contract Documents, the Contractor shall
   furnish and pay for all surveys necessary to his execution of the Work or required by the Contract Documents.
Subsurface Conditions: Should the Contractor encounter subsurface or latent conditions at the site materially
   differing from those indicated in the Contract Documents, he shall immediately give notice to WPCSD and/or
   the Architect of such conditions before they are disturbed. The Architect will promptly investigate the

                                                      Page 19
    conditions, and if he finds that they materially differ, he will, after consultation with WPCSD, make such
    changes in the Contract Documents as he may find necessary. Any increase or decrease in cost resulting from
    such changes will be adjusted by Change Order. The Contractor shall perform all work in strict conformance
    with the current “Call Before You Dig” program.
Archaeological Findings: Any historic, prehistoric, or archeological evidence discovered on the site shall remain
   undisturbed and shall be reported immediately to WPCSD.
Materials Testing: Testing of construction materials delivered to the job site shall be carried out by WPCSD
   unless otherwise required in the Contract Documents. WPCSD shall select the testing laboratory or inspection
   agency to carry out this work. The purpose of such testing is to verify conformity of materials and/or
   equipment with the Specifications. Where tests indicate conformity, costs of testing will be paid by WPCSD;
   where tests indicate non-conformance, costs of re-testing will be paid by the Contractor. If concrete mix
   design, batch plant inspection or any other special inspection or testing requirements are established by any of
   the Contract Documents, conduct of and payment for such work shall be as specifically stated therein. If the
   manner of payment is not specified or if there is no mention of such inspection or testing in the Contract
   Document, but such inspection is judged necessary by WPCSD, then WPCSD shall pay the cost thereof. The
   Contractor shall cooperate toward minimizing the cost of such inspection and testing.
Operating and Maintenance Manuals: Upon completion of the Project, the Contractor shall submit to the
   Architect, a draft of all approved operating and maintenance instructions for all equipment and surfaces.
   Upon approval by the Architect, the Contractor shall furnish to WPCSD, 3 bound copies of all approved
   Operating and Maintenance (O&M) Manuals. O&M manuals shall be incorporated into three-ring binders
   with a typed index and tabbing as required for all appropriate sections.
Correction of Work: If any work should be covered prior to a specified or requested inspection, the Contractor
   shall uncover the work for observation and shall replace same at no cost to WPCSD. If any work has been
   covered which WPCSD or the Architect has not specifically requested to observe prior to being covered,
   WPCSD may request to see such work and it shall be uncovered by the Contractor. If the uncovered work is
   found to be in accordance with the Contract Documents, the cost of uncovering and replacement shall, by
   appropriate Change Order, be charged to WPCSD. If the uncovered work is not in accordance with the
   Contract Documents, the Contractor shall pay such costs.
    The Contractor shall promptly correct all work rejected as defective or as failing to conform to the Contract
    Documents, whether observed before or after the Notice of Completion, and whether or not fabricated,
    installed, or completed. The Contractor shall bear all costs of correcting such rejected work, including the
    cost for additional services of the Architect when applicable. The Contractor shall bear the cost of making
    good all work of separate contractors destroyed or damaged by removal or correction.
    If the Contractor does not remove defective or non-conforming work within a reasonable time, WPCSD may
    remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does
    not pay the cost of such removal and storage within 10 days thereafter, WPCSD may upon 10 additional days
    written notice sell such work at auction or at private sale and shall account for the net proceeds thereof, after
    deducting all costs that should have been borne by the Contractor including compensation for additional
    professional services. If such proceeds of sale do not cover all costs which the Contractor should have borne,
    the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the
    payments then or thereafter due the Contractor are not sufficient to cover such amount the Contractor shall
    pay the difference to WPCSD.
    If WPCSD prefers to accept defective or non-conforming work, he may do so instead of requiring its removal
    or correction, in which case a Change Order will be issued to reflect an appropriate reduction in the Contract
    Sum, or, if the amount is determined after final payment, it shall be paid to WPCSD by the Contractor.
    All damage or loss to any property caused in whole or in part by the Contractor, any Subcontractor, Sub-
    subcontractor, anyone directly or indirectly employed by any of them, or by anyone for whose acts any of


                                                       Page 20
   them may be liable, shall be remedied by the Contractor, except damage or loss attributable to errors and/or
   omissions in the Drawings or Specifications.
Subcontractors: The Contractor shall not award any work to any Subcontractor without prior approval of WPCSD,
   which approval will not be given until the Contractor submits to WPCSD a written statement concerning the
   proposed award to the Subcontractor, which statement shall contain the Subcontractor’s name, address, and
   Nevada State Contractor’s License number, and a description of the Work to be completed by the
   Subcontractor. After submitting the required Subcontractor information to WPCSD, the Contractor shall not
   contract with any other Subcontractor nor change Subcontractors without the written approval of WPCSD.
   If WPCSD has a reasonable objection to any Subcontractor, and requests in writing a change in
   Subcontractors, the Contractor shall submit an acceptable substitute and the Contract Sum shall be increased
   or decreased by the difference in costs occasioned by such substitution and an appropriate Change Order shall
   be issued. The Contractor will not be required to contract with any subcontractor, person or organization
   against whom he has a reasonable objection.
   The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to
   bind Subcontractors to the Contractor by the terms of the Contract Documents. These provisions shall
   include, but shall not be limited to, the following:
        Require that all work be performed in accordance with the requirements of the Contract Documents
           and be guaranteed unconditionally for a period of one year or as may be required in the Contract
           Documents.
        Require work to be done in accordance with a construction schedule that will ensure completion
           within the Contract Time.
        Require that all claims for additional costs, extensions of time, damages for delays or otherwise with
           respect to subcontracted portions of the Work shall be submitted to the Contractor in the manner
           provided in the Contract Documents for like claims by the Contractor upon WPCSD.
        If agreed to by the insurance carriers for the contracting parties and so stated on the certificates of
           insurance that are filed, waive all rights the contracting parties may have against one another for
           damages caused by fire or other perils covered by property insurance, except such rights as they may
           have to the proceeds of such insurance held by WPCSD as trustee. Each certificate of insurance shall
           contain a statement that waiving rights of subrogation is permissible.
        The Contractor shall pay each Subcontractor, within 15 calendar days after receipt of payment from
           WPCSD, an amount equal to the percentage of completion allowed to the Contractor on account of
           each Subcontractor’s work. The Contractor shall also require each Subcontractor to make similar
           payments to his Subcontractors.
        The Contractor shall be responsible for the proper distribution of all insurance recoveries resulting
           from an insured loss under this Contract.
        WPCSD may upon request, furnish to any Subcontractor, information regarding payments to the
           Contractor on account of work done by such Subcontractor.
   The Contractor shall be as fully responsible to WPCSD for the acts and omissions of his Subcontractors, and
   of persons either directly or indirectly employed by them, as he is for the acts and omissions of the persons
   directly employed by him. If, through acts of neglect on the part of the Contractor, any Subcontractor shall
   suffer loss or damage on the Work the Contractor agrees to settle with such Subcontractor by agreement or
   arbitration if such Subcontractor will so settle. If such Subcontractor shall assert any claim against WPCSD
   on account of any damage alleged to have been sustained, WPCSD shall notify the Contractor, who shall
   indemnify and save harmless WPCSD against any such claim.
   The Contractor agrees that he will indemnify and save WPCSD harmless from all claims arising out of the
   lawful demands of Subcontractors, workmen, and suppliers. If the Contractor fails to make appropriate
   payments to any Subcontractor, workman, or supplier, then WPCSD may either pay unpaid bills or withhold
   from the Contractor’s unpaid compensation a sum of money deemed reasonably sufficient to pay any and all
   such claims until satisfactory evidence is furnished that all liabilities have been fully discharged, but in no
   event shall the provisions of this paragraph be construed to impose any obligations upon WPCSD to either the
                                                     Page 21
    Contractor or his Surety. In paying any unpaid bills of the Contractor, WPCSD shall be deemed the agent of
    the Contractor, and any payment so made by WPCSD, shall be considered as a payment made under the
    Contract by WPCSD to the Contractor, and WPCSD shall not be liable to the Contractor for any such payment
    made in good faith.
    Neither WPCSD nor the Architect shall have any obligation to pay or to see to the payment of any moneys to
    any Subcontractor, except as may otherwise be required by law.
Job Safety: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions
    and programs in connection with the Work. All work shall be performed in strict accordance with the most
    current edition of the State of Nevada Occupational Safety and Health Standards.
    As per the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard
    (1910.1200 and 1926.58 HCP), Contractors must submit Material Safety Data Sheets (MSDSs) for all
    products used for projects on WPCSD properties. Contractors must also submit a Written Hazard
    Communication and Safety Program. This Program must include but may not be limited to:
         The method to be used in providing WPCSD with copies of the MSDSs for each chemical used on the
            job site prior to such usage;
         Maintenance on the job site of copies of the MSDSs for each chemical used;
         Methods to be used to inform WPCSD of any precautionary measures which need to be taken by
            Owner’s employees;
         Methods to inform WPCSD of the labeling system being used on the job site.
    Submit documents to the following locations:
               Paul Johnson, CFO
               White Pine County School District
               1135 Avenue C
               Ely, Nevada 89301
    These documents will be retained for permanent record and used for subsequent projects when applicable.
    Failure to provide this information within seven (7) calendar days after issuance of Purchase Order will result
    in forfeiture of the bid guarantee and the contract may be awarded to the next low, responsible bidder. A
    copy of the Contractor’s Written Hazard Communication Program must be located at the project site(s) and
    all MSDSs must be posted.
    The Contractor shall take necessary precautions for the safety of, and shall provide all necessary protection to
    prevent damage, injury or loss to:
         All employees on the Project and all other persons who may be affected thereby;
         All of the Work, whether in storage on or off the site; and
         Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
            roadways, structures, and utilities not designated for removal, relocation, or replacement in the course
            of construction.
    The Contractor shall comply with all applicable laws, ordinances, rules, and regulations of any public
    authority having jurisdiction for the safety of persons or property, or to protect them from damage, injury, or
    loss. He shall erect and maintain, as required by existing conditions and progress on the Work, all necessary
    safeguards for safety and protection, including posting danger signs and other warnings against hazards,
    promulgating safety regulations, and notifying owners and users of adjacent utilities.
    The Contractor shall designate a responsible member of his organization at the site whose duty shall be the
    prevention of accidents. This person shall be the Contractor’s Superintendent unless otherwise designated in
    writing by the Contractor to WPCSD. In any emergency affecting the safety of persons or property, the
    Contractor shall act, at his discretion, to prevent threatened damage, injury, or loss. The Contractor shall be
    responsible for the safe operation of all equipment, for utilizing safe construction methods, and for any
    damage which may result from failure or from improper construction, maintenance, or operation.

                                                      Page 22
    The Contractor shall securely fence, barricade, cover, or otherwise adequately protect all excavations, holes,
    shafts, or other hazards to guard against danger to persons or animals and shall properly maintain such
    protection until the completion of the Project. The Contractor shall periodically sprinkle the construction site
    with water to prevent or control blowing dust when conditions present a hazard or nuisance to workmen,
    neighboring properties or the public.
    The Contractor will be responsible for obtaining all necessary bulk material surveys prior to commencement
    of contract work activities. Contractors will file all appropriate asbestos survey and reporting documents
    with the state and White Pine County Board of Health authorities [as per 40 CFR 61.145(b)] and will be
    responsible for all related filing fees regardless of whether the bulk material survey is performed by the
    Contractor or others. Copies of all filed materials must be submitted to WPCSD.
    Should asbestos containing materials be discovered during the Contractor’s survey, one of the following
    options will be chosen by WPCSD at his discretion:
         WPCSD will remove detected asbestos using WPCSD personnel or outside services;
         WPCSD will initiate a contract with an asbestos abatement contractor; or
         WPCSD will issue a Change Order to the existing contract to cover the Contractor’s expenses in
            removing the material.
    Should the contractor remove asbestos from WPCSD’s property, work must be in accordance with all local,
    county, state and federal laws and guidelines. The Contractor shall make every effort to minimize the
    unintentional disturbance of asbestos containing material on Work performed under this Contract.
    All materials to be used on Contracts issued by WPCSD shall be documented as being asbestos free. By legal
    definition, “asbestos free” means:
              The product or material contains less than one percent (<1%) asbestos.
    A manufacturer’s product Material Safety Data Sheet (MSDS) can be considered as adequate for these
    purposes provided that the document identifies greater than 99% of the material’s composition. Lacking such
    manufacturer’s documentation, documented analysis of a representative sample of the product by an
    accredited laboratory may be substituted.
Cleanup Procedures: The Contractor shall confine operations at the site to areas permitted by law, ordinances,
    permits, and the Contract Documents, and shall not unreasonably encumber the site. He shall at all times
    keep the site and the Work free from accumulation of waste materials and rubbish caused by his operations.
    Upon completion he shall remove all waste materials, rubbish, tools, construction equipment and machinery,
    and surplus materials. He shall clean all surfaces and leave the Work in a finished, cleaned, washed, waxed
    and polished condition, except as otherwise specified.
Project Bulletin Board: The Contractor shall provide a weather protected bulletin board mounted in a prominent
    location within the construction site, with items required to be posted by law clearly visible and available for
    examination. The items required to be posted include, but are not limited to, an emergency phone number
    list, Federal and State notices, Nevada Prevailing Wage Rates, and other items as may be requested by
    WPCSD.
Warrantee: Contractor shall fully warrant all materials, equipment, and service against poor and inferior quality or
   workmanship for a period of not less than one (1) year from date of final acceptance by the WPCSD. Time is
   of the essence of this contract. Contractor shall repair or replace any inoperable materials or equipment in a
   timely manner during warranty period.
    The Contractor shall unconditionally guarantee the workmanship and materials of the entire contract to be
    free of defects and remain free of defects in workmanship and materials for a period of one year from date of
    completion or acceptance of the final payment by the Contractor, or as called for in the specifications.
    Each subcontractor shall unconditionally guarantee the workmanship and materials of his portion of the
    Contract to be free of defects and remain free of defects in workmanship and materials for a period of one

                                                       Page 23
    year from the date of completion or acceptance of the final payment by the Contractor, or as called for in the
    specifications. Such guarantees shall be signed by the Subcontractor and shall be countersigned by the Prime
    Contractor who shall be responsible for the entire Work.
Taxes: Contractor shall pay all federal, state and local taxes, levies, duties and assessments of every nature due in
   connection with any work under the contract and shall indemnify and hold harmless the WPCSD from any
   liability on account of any and all such taxes, levies, duties, assessments and deductions. Prices shall include
   allowance for said taxes.
Assignment: The Contractor may not sell, assign, or transfer any rights or duties under this contract without the
   specific written consent of the WPCSD.
Time: The Contractor shall commence construction on the Work on the date shown on the purchase order.
Guarantees: The Contractor and his Surety shall unconditionally warrant and guarantee all workmanship and
   materials of the entire Contract to be and remain free of defects for a period of one year from the date of the
   Notice of Completion. All guarantees called for in the Specifications shall be on the State’s Standard
   Guarantee Form which is provided within. All guarantees shall be signed by the Prime Contractor and
   Subcontractor and submitted to WPCSD upon the Contractor’s receipt of the Notice of Completion.
    Within a reasonable time, the Contractor and his Surety shall remedy any defects in the Work and pay for any
    damage to other work resulting therefrom, which shall appear within the one year guarantee period, unless a
    longer period is specified in the Contract Documents. WPCSD shall notify the Contractor in writing of
    observed defects with reasonable promptness.
    The obligations of the Contractor herein shall be in addition to and not in limitation of any obligation imposed
    upon him by special guarantees required by the Contract Documents or otherwise prescribed by law.
    The Contractor (General Contractor and requested Subcontractors) shall attend a warranty inspection during
    the year following project completion. The inspection will be scheduled by WPCSD for a date approximately
    nine months after the Notice of Completion is filed. The Contractor shall take immediate action to remedy all
    warranty items identified during the inspection.
    The Contractor shall deliver all equipment warranties to WPCSD as a condition to final payment.
As-Built Drawings: The Contractor shall provide and maintain at the Project site, one copy of all Contract
   Documents, in good order and marked to show clearly all changes and “as-built” conditions. The Contractor
   and his Subcontractors shall indicate daily on these documents all “as-built” conditions and revisions due to
   substitutions, field changes and Change Orders. The location of all concealed piping, conduit, fixtures, pull
   boxes, etc., shall be dimensioned on these documents. Upon completion or termination of the Work, this set
   of documents shall be given to the Architect for utilization in preparation of Record Drawings. Progress
   payments may be withheld in the event that as-built drawings are not current at the time of the Request for
   Payment.
    Any reports, studies, photographs, negatives or other documents or drawings prepared by Contractor in the
    performance of its obligations under this agreement shall be the exclusive property of the state and all such
    materials shall be remitted to WPCSD by Contractor upon completion, termination or cancellation of this
    contract. Contractor shall not use, willingly allow or cause to have such materials used for any purpose other
    than the performance of Contractor's obligations under this agreement without the prior written consent of
    WPCSD.


Requirements Prior to Start of Work: Contractor agrees to provide the following documents within five (5)
   business days of receipt of the “Letter of Intent to Award the Contract”:
        Written Hazard Communication & Safety Program;
        Material Safety Data Sheets;

                                                       Page 24
        Proof of General Liability Certificate;
        Proof of Worker’s Compensation (SIIS) Insurance;
        Performance and Payment Bonds;
        Verification that all materials used on campus are asbestos free;
        Copies of all filed asbestos surveys and reporting documents.
    NO WORK IS TO BEGIN UNTIL ALL OF THESE DOCUMENTS HAVE BEEN SUBMITTED AND
    ACCEPTED BY WPCSD.
Invoices: All payment requests and invoices must reference the Purchase Order Number. Submit both the original
    invoice and a copy to:
                Paul Johnson, CFO
                White Pine County School District
                1135 Avenue C
                Ely, Nevada 89301
Errors in Drawings or Specifications: The Contractor shall, upon discovering any discrepancy, error or omission
    in the Drawings or Specifications, immediately notify in writing the Architect and WPCSD. The Architect,
    upon receipt of any such notice, shall promptly investigate the circumstances and give appropriate instructions
    to the Contractor, but will take such action only after consultation with WPCSD. Until such written
    instructions are given, any work done by the Contractor either directly or indirectly after his discovery of such
    error, discrepancy or conflict, will be at his own risk, and he shall bear all costs arising therefrom. The
    Contractor shall not take advantage of any such discrepancy, error or omission, but shall comply with any
    instructions regarding the same issued by the Architect. The Contractor shall maintain a sequential log of all
    discrepancies, errors and omissions.
Site Surveys: WPCSD shall furnish site surveys describing the topography and physical characteristics, legal
    limits, and utility locations for the Project site.
Access: WPCSD and his representatives shall at all times have access to the Work whenever it is in preparation or
   progress, and the Contractor shall provide proper equipment and facilities for such access and inspection. If
   any work is required to be tested or approved, the Contractor shall give WPCSD timely notice of its readiness
   for inspection. Neither the observations of WPCSD or the Architect in the administration of the Contract, nor
   any inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the Work in
   accordance with the Contract Documents.
Inspection: WPCSD has authority to enforce compliance with the Contract Documents and to direct the
    Contractor to correct non-complying work. Additionally, WPCSD may direct the Contractor to stop any
    unsafe or non-complying work. The Contractor will be charged for extra inspection services when work is
    performed during time periods other than the normal workday (i.e., nights, weekends and holidays) if such
    work is performed for the benefit of the Contractor. The compensation shall be based on the current rate of
    pay for State Construction Inspection Personnel and any applicable travel and per diem expenses. The
    necessity for extra inspection after normal working hours will depend on the type of work in progress and will
    be determined by WPCSD. Charges for extra inspection time will be processed as deductive Change Order
    items.
    WPCSD and his authorized representatives shall be permitted to inspect the Work materials, payrolls, records
    of personnel, invoices for materials and other relevant data and work of the Contractor and Subcontractors.
    Such inspection by WPCSD or his authorized representatives shall not be considered a warranty as to the
    fitness or acceptability of the Work, materials, payrolls, records of personnel, invoices for materials and other
    relevant data and work, and shall not relieve the Contractor or his Subcontractors of their obligations or duties
    required by the Contract Documents.
    If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or
    fails to perform any provision of the Contract, WPCSD may, after a 7 day written notice to the Contractor,
    and without prejudice to any other remedy he may have, make good such deficiencies. In such case, an

                                                      Page 25
    appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor
    the cost of correcting such deficiencies, including the cost of the additional professional services made
    necessary by such default, neglect, or failure. If the payments then or thereafter due the Contractor are not
    sufficient to cover such amount, the Contractor shall pay the difference to WPCSD.
    WPCSD will not be responsible for the acts or omissions of the Contractor or any Subcontractor, or any of his
    or their agents or employees, or any other persons performing any of the Work.
    If the Contractor fails to correct work which is not in accordance with the requirements of the Contract
    Documents or fails to carry out work in accordance with the Contract Documents, WPCSD, by written notice,
    may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been
    eliminated.
    WPCSD reserves the right to retain title to all soils, stone, sand, gravel, and other materials developed and
    obtained from the excavation and from other operations connected with the Work. Unless otherwise specified
    in the technical specifications, neither the Contractor nor any subcontractor shall have the right, title, or
    interest in or to any such materials. The Contractor with the approval of WPCSD will be permitted to use in
    the Work without change any such materials which meet the requirements of the Specifications and
    Drawings.
    Except for permits and fees which are the responsibility of the Contractor under the Contract Documents,
    WPCSD shall secure and pay for easements and utility connection fees for permanent structures or for
    permanent changes in existing facilities.
    Information or services under WPCSD’s control shall be furnished by WPCSD within a reasonable time to
    avoid delay in the orderly progress of the Work.
    Prior to the start of construction, WPCSD shall obtain all land and rights-of-way necessary for the carrying
    out and completion of the Work.
    In case of termination of the employment of the Architect, WPCSD shall appoint replacements whose status
    under the Contract Documents shall be that of the former Architect.

COMPLIANCE WITH US EMPLOYMENT LAW: The awarded Contractor, sub-contractor and all applicable
staff, required to fulfill the requirements of the award of this contract, whether in the form of a purchase order
and/or a formal contract, shall be in compliance of all federal, state and local laws, in regards to employee
eligibility to work in the United States. Failure to comply with this requirement may result in termination of the
contract.
Final Payment: Upon final completion of the Work and acceptance, WPCSD may file a Notice of Completion and
    will pay to the Contractor a final payment consisting of the remaining unpaid balance of the purchase order
    amount. The acceptance of the final payment shall complete the purchase order after which time the terms
    and conditions of all guarantees and warranties shall continue to apply to the Work.
Architect: The Architect shall provide construction administration services for the duration of the Project. When
   the Architect is other than WPCSD, he will advise and consult with WPCSD for the duration of the Project.
    The Architect will be the interpreter of the Drawings and Specifications. The Architect will, within a
    reasonable time, render such interpretations as may be necessary for proper execution of the Work. All
    interpretations and decisions by the Architect shall be consistent with the intent of the Contract Documents.
    The Architect shall have access to the Work for the duration of the Project.
    The Architect will make periodic visits to the site to familiarize himself with the progress and quality of the
    Work and to determine if the Work is proceeding in accordance with the Contract Documents.
    The Architect will review Shop Drawings and Samples as required in the Contract Documents.

                                                       Page 26
    The Architect will not be responsible for the acts or omissions of the Contractor or any Subcontractor, or any
    of his or their agents or employees, or any other persons performing any of the Work.
    Based upon site observations and the Contractor’s Requests for Payment, the Architect will review and
    approve the amounts claimed by the Contractor.
    The Architect will have authority to reject work which does not conform to the Contract Documents.
    The Architect will prepare Change Orders for review and approval by WPCSD.
    The Architect will have authority to order minor changes in the Work which do not involve a change in the
    Contract Sum or the Contract Time.
    The Architect shall attend weekly coordination meetings at the Project site.
    The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent
    expressed in the Contract Documents.
Schedule of Payments: The Contractor shall prepare and submit a construction schedule of payments of the
   various portions of the Work to WPCSD and the Architect within 14 days after issuance of the Purchase
   Order. Schedule of payments must include quantities, aggregating to the total Contract Sum, divided so as to
   facilitate payments to Subcontractors, prepared in such form as required by WPCSD, and supported by such
   data to substantiate its correctness as WPCSD may require. Each item in the schedule of payments shall
   include its proper share of overhead and profit. This schedule, when approved by WPCSD and the Architect,
   shall be the format for each Request for Payment.
Progress Payments: Each Request for Payment shall correctly set forth the value of all work satisfactorily
   performed to date. WPCSD may pay the invoiced value of materials properly stored on site or in approved,
   bonded, and insured warehouses. In no event, however, will the Contractor be paid more than the listed value
   of each portion of the Work until the Project has been completed.
    If payment is requested for materials or equipment not incorporated, but delivered and suitably stored at the
    site or at a bonded and insured warehouse previously approved by WPCSD, such payment shall be
    conditioned upon submission by the Contractor of bills of sale, satisfactory to WPCSD, to establish WPCSD’s
    title to such materials or equipment, or otherwise protect WPCSD’s interest, including applicable insurance
    and transportation to the site.
    The Contractor shall warrant and guarantee that title to all work, materials, and equipment covered by a
    Request for Payment, whether incorporated into the Project or not, will have passed to WPCSD prior to the
    making of the Request for Payment, free and clear of all liens, claims, security interests or encumbrances, and
    that no work, materials, or equipment covered by a Request for Payment will have been acquired by the
    Contractor, or by any other person performing the Work at the site or furnishing materials and equipment for
    the Project, subject to an agreement under which an interest therein, or an encumbrance thereon is retained by
    the seller or otherwise imposed by the Contractor or such other person. This provision shall not be construed
    to relieve the Contractor of his sole responsibility for the care and protection of the materials and of the Work,
    and to make restoration of damaged work, or as a waiver of the right of WPCSD to require the fulfillment of
    all terms of the Contract Documents.
    Upon receipt of each Request for Payment, within a reasonable time, WPCSD and the Architect will either
    approve the Request or deny the Request.
    WPCSD or the Architect may decline to approve any Request for Payment, or, because of subsequently
    discovered evidence or subsequent inspections, may nullify the whole or any part of a Request for Payment
    previously issued to such extent as may be necessary to protect WPCSD from loss because of:
         Defective work not remedied;
         Claims filed or reasonable evidence indicating probable filing of claims;

                                                        Page 27
         Failure of the Contractor to make payment properly to Subcontractors or for labor, materials or
          equipment;
      Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum;
      Damage to another Contractor;
      Reasonable indication that the Work will not be completed within the Contract Time; or
      Unsatisfactory execution of the Work by the Contractor.
   When the above grounds are removed, payment shall be approved for amounts withheld because of them.
   If WPCSD should fail to pay the Contractor within 30 calendar days after the date the Request for Payment is
   approved by WPCSD, then the Contractor may, after 7 additional calendar days, give written notice to
   WPCSD and stop the Work until payment is received.
   No payment, nor any partial or entire use of occupancy of the Project by WPCSD, shall constitute an
   acceptance of any work not in accordance with the Contract Documents.
Final Payment: When WPCSD has received satisfactory evidence that all claims and obligations of the Contractor
    have been paid, discharged, or waived, WPCSD may file a Notice of Completion and will make final payment
    to the Contractor.
   Issuance of final payment shall constitute a waiver of all claims by WPCSD except those arising from:
        Unsettled claims;
        Faulty or defective work;
        Failure of the Work to comply with the requirements of the Contract Documents; or,
        Terms of any special guarantees required by the Contract Documents.
   If any such claims remain unsatisfied after all payments are made, the Contractor shall refund to WPCSD all
   moneys WPCSD may be compelled to pay in discharging such claims and costs related thereto.
   The acceptance by the Contractor of final payment shall be and shall act as a release to WPCSD of all claims
   and all liability to the Contractor for all things done or furnished in connection with the Work and for every
   act and neglect of WPCSD and others relating to or arising out of the Work. No payment, final or otherwise,
   shall operate to release the Contractor or his Surety from any obligations under the Contract, the Performance
   Bond or the Payment Bond.
   As a condition to final payment, the Contractor shall submit all Operating & Maintenance manuals,
   guarantees, and as-built drawings.




                                                    Page 28
                                      CERTIFICATIONS AND AFFIDAVITS
QUALIFICATION OF BIDDERS
Business License: Bidders are required to possess all necessary business licenses for performance of the work
described in the bid. WPCSD may require successful bidder to provide evidence of such license at any time.
        1) Are all registrations with the Secretary of State regarding your business organization current? (this
           does not apply to a sole proprietorship or partnership that is not required to file its organizational
           documents with the Secretary of State).
             Yes                      No
        2) Provide your current Nevada state business license number. If you don’t have a Nevada state
           business license, what exemption from that requirement do you claim?
             Current Nevada State Business license number:
             What exemption from that requirement do you claim?




CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY FOR AWARD. By
submitting a bid, the offeror certifies, to the best of its knowledge and belief, that the offeror and/or its principals are
not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any
Federal agency, and have not, within a three-year period preceding this offer, been convicted of or had a civil
judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal
or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and are not
presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of
these offenses.
CERTIFICATION OF NON-DISCRIMINATION IN EMPLOYMENT - By submitting a bid, during the
performance of this contract, the Contractor agrees as follows:
    (1) The Contractor will not discriminate against any employee or applicant for employment because of race,
    creed, color, or national origin. The Contractor will take affirmative action to ensure that applicants are
    employed, and that employees are treated during employment, without regard to their race, creed, color, or
    national origin. Such action shall include, but not be limited to, the following: employment, upgrading,
    demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
    of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in
    conspicuous places, available to employees and applicants for employment, notices to be provided by the
    contracting officer setting forth the provisions of this non-discrimination clause.
    (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
    Contractor, state that all qualified applicants will receive consideration for employment without regard to
    race, creed, color or national origin.
    (3) The Contractor will send to each labor union or representative of workers with which he has a collective
    bargaining agreement or other contract or understanding a notice advising the labor union or workers’
    representative of the Contractor’s commitments under Section 202 of Executive Agreement 11246 of
    September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and
    applicants for employment.
    (4) The Contractor will comply with all provisions of Executive Agreements 11246 and 11375, Section 503
    of the Rehabilitation Act of 1973, U.S.C. 2012 (Disabled Veterans and Veterans of the Vietnam Era) and of
    the rules, regulations and relevant orders of the Secretary of Labor.
    (5) The Contractor will furnish all information and reports required by Executive Orders 11246 and 11375,
    and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access
    to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of

                                                          Page 29
  investigation to ascertain compliance with such rules, regulations, and orders.
  (6) In the event of the Contractor’s noncompliance with the non-discrimination clauses of this contract or
  with any other such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in
  whole or in part and the Contractor may be declared ineligible for further government contracts in accordance
  with procedures authorized in Executive Orders 11246 and 11375, and such other sanctions may be imposed
  and remedies invoked as provided in the said Executive Orders or by rule, regulation, or order of the
  Secretary of Labor, or as otherwise provided by law.
  (7) The Contractor will include the provisions of paragraphs P. (1) through (7) in every subcontract or
  purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to
  Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
  each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or
  purchase order as the contracting agency may direct as a means of enforcing such provisions including
  sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is
  threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting
  agency, the Contractor may request the United States to enter into such litigation to protect the interests of the
  United States.
CLEAN AIR ACT: By submitting a bid, the bidder affirms and certifies that the contractor agrees to comply
  with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C.
  1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. Violations
  shall be reported to the Federal sponsoring agency and the Regional Office of the Environmental Protection
  Agency.
COPELAND “ANTI-KICK BACK” ACT: By submitting a bid the bidder affirms and certifies that the
  contractor shall comply with provisions of the Copeland “Anti-Kick Back” Act (18 U.S.C. 874) as
  supplemented in Department of Labor regulations (29 CFR, Part 3), which act provides that each contractor
  shall be prohibited from inducing, by any means, any person employed in the construction, completion or
  repair of public work, to give up any part of the compensation to which he is otherwise entitled.
DAVIS-BACON ACT: When required by the federal program legislation, all construction contracts awarded by
  the recipients and sub-recipients of more than $2,000 shall include a provision for compliance with the Davis-
  Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR, Part
  5). Under this Act contractors shall be required to pay wages to laborers and mechanics at a rate not less than
  the minimum wages specified in a wage determination made by the Secretary of Labor. In addition,
  contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the
  current prevailing wage determination issued by the Department of Labor in each solicitation and the award
  of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report
  all suspected or reported violations to the federal sponsoring agency.
EQUAL EMPLOYMENT OPPORTUNITY: By submitting a bid, the bidder affirms and certifies that the
  contractor shall comply with provisions of Executive Order No. 11246, entitled “Equal Opportunity,” as
  amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR,
  Part 60). The Equal Opportunity Clause is included herein as Federal Government Regulations, Section 2,
  Equal Opportunity Clause.
GUARANTEES: By submitting a bid, the bidder guarantees the construction and installation of the project
  herein described in accordance with specifications and drawings. Should any of the materials or equipment
  prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished
  or methods of installation, or should the work or any part thereof fail to operate properly as originally
  intended and in accordance with the contract documents, due to any of the above causes, all within twelve
  (12) months after date on which this contract is accepted by the WPCSD, the contractor agrees to
  reimburse the WPCSD, upon demand, for its expenses incurred in restoring said work to the condition
  contemplated in said project. Said reimbursement shall include the cost of any such equipment or materials
  replaced and the cost of removing and replacing any other work necessary to make such replacement or
  repairs, or upon demand by the WPCSD, to replace any such materials and to repair said work completely
  without cost to the WPCSD so that said work will function successfully as originally contemplated. WPCSD

                                                      Page 30
    shall have the unqualified option to make any needed replacement or repairs itself or to have such
    replacements or repairs done by the contractor. In the event WPCSD elects to have said work performed by
    the contractor, the contractor agrees that the repairs shall be made and such materials as are necessary shall be
    furnished and installed within a reasonable time after the receipt of demand from WPCSD. If the contractor
    shall fail or refuse to comply with his obligations under this guaranty, the WPCSD shall be entitled to all costs
    and expenses, including attorney’s fees, reasonably incurred due to the said failure or refusal.
INSURANCE: By submitting a bid, the bidder affirms and certifies that he has reviewed and understands the
   insurance coverage requirements specified in this Invitation To Bids. Should the bidder be awarded the
   contract for the work, bidder further certifies that the bidder will meet the specified requirements for
   insurance, including insurance coverage of subcontractors, and agrees to name the WPCSD as additional
   insured for the work specified.
NON-COLLUSION: By submitting a bid, the bidder affirms and certifies that the bid is not made in the interest
  of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation;
  that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or
  solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
  connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from
  bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or
  conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or
  cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body
  awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid
  are true; and further, that the bidder has not , directly or indirectly, submitted his or her bid price or any
  breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will
  not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any
  member or agent thereof to effectuate a collusive or sham bid.
NONSEGREGATED FACILITIES: By submitting a bid, the bidder affirms and certifies that that the contractor
  does not maintain or provide for his employees any segregated facilities at any of his establishments, and that
  he does not permit his employees to perform their services at any locations, under his control, where
  segregated facilities are maintained. He certifies further that he will not maintain or provide for his
  employees any segregated facilities at any of his establishments, and that he will not permit his employees to
  perform their services at any location under his control, where segregated facilities are maintained. The
  bidder, offeror, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal
  Opportunity Clause in this contract. As used in this certification, the term “segregated facilities” means any
  waiting rooms, work areas, restrooms and wash rooms, restaurants and other eating areas, time clocks, locker
  rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
  transportation, and housing facilities provided for employees which are segregated by explicit directive or are
  in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or
  otherwise. He further agrees that (except where he has obtained identical certifications from proposed
  subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors
  prior to the award of the subcontracts exceeding $10,000 which are not exempt from the provisions of the
  Equal Opportunity Clause; that he will retain such certifications in his files; and that he will forward the
  following notice to such proposed subcontractors (except where the proposed subcontractors have submitted
  identical certifications for specific time periods):




                                                      Page 31
                      CERTIFICATION / VENDOR INFORMATION SHEET
   Proposer certifies that their proposal meets all specifications, terms and conditions contained
   herein.
   Yes_______ No_______ If no, proposer must explain all deviations and exceptions in writing and
   attach to their bid response.
   COMPANY NAME:


   Authorized Business Partner Company Name: (If applicable)
   TAX IDENTIFICATION NUMBER:
   NAME AND TITLE: (Please Print/Type)
   ADDRESS:
   CITY, STATE, ZIP:
   TELEPHONE :(_____) __________________________
   FAX NUMBER :(_____) _________________________
   WEB PAGE: __________________________________
   EMAIL ADDRESS: _____________________________
This form must be completed and signed (manual or electronic) by an authorized person and returned
                                                 with bid.
           If this is not completed, entire bid will be considered non-responsive and void.
         ____________________________________________________________________
      SIGNATURE




                                             Page 32
                                                CONTRACTOR'S BID FORM

                                              Bid Number: PWP-WP-2012-176
                                                   Invitation to Bid
                                 Bid Title: White Pine High School Flooring Project
                                  Bid Due Date: on or before April 27, 2012 @ 5:00 p.m.
                                       Bid Opening: April 30, 2012 @ 10:00 a.m.

         Name of Bidder:            _____________________________________________

         Mailing Address:           _____________________________________________

         City, State & Zip:         _____________________________________________

The undersigned bidder, named above, agrees to contract with WPCSD to provide all necessary labor, supervision,
machinery, tools, apparatus and other means of construction to do all the work and furnish all the materials specified in this
Bid in the manner and time therein prescribed, and that he will take in full payment the amount set forth hereon. The Bid
specified above, in its entirety, all Addenda, and associated documents by this reference are hereby made a part of this
contract.

Bidder acknowledges receipt of Addenda Number(s) ________, _________, and _________. (List each, if any.)

The cost of all labor, material, and equipment necessary for the completion of the work itemized, even though not shown or
specified, shall be included in the unit price for the various items shown hereon. WPCSD reserves the right to increase or
decrease the quantity of any item or omit items as may be deemed necessary and the same shall in no way affect or make
void the contract. When increases or decreases are made, appropriate additions or deductions from the contract total price
will be made.

WPHS Flooring Project Bid Summaries

Carpet, Tile (VCT), Linoleum                                                               $_____________________


Written Amount: _______________________________________________________________________________


Carpet, Polished Concrete Bid Alternate, Linoleum                                          $_____________________


Written Amount: _______________________________________________________________________________


Carpet, Rubber Flooring Bid Alternate, Linoleum                                            $_____________________


Written Amount: _______________________________________________________________________________




                                                            Page 33
BID UNIT PRICING
Unit Price#1

Description:     Additional Carpet Flooring - installed
         $                                           / square yard

Unit Price#2

Description:     Additional Tile - installed
         $                                           / square yard

Unit Price#3

Description:     Additional Rubber Flooring - installed
         $                                          / lineal foot

Unit Price#4

Description:     Additional Polished Concrete - installed
         $                                          / lineal foot

Unit Price#5

Description:     Additional Base Cove - installed
         $                                           / lineal foot




The final determination of the low bidder will be determined on the basis of the base bid plus any alternates which are
accepted. When the approved construction budget permits the acceptance of the base bid and one or more alternate bids,
alternate bids will be selected & awarded by Owner in the sequential order they are listed on the Contractor’s Bid Form.

Amount Written in Words: This bid will be awarded based upon the total amount bid as written in words. Where there is a
discrepancy between words and figures, WORDS WILL GOVERN.

Maximum Completion or Delivery Time: 15 July 2011




                                                          Page 34
Company Name of Bidder:
_________________________________________________________________
Federal Employer’s Identification Number (FEIN or EIN or SSN)
_________________________________________________________________
Type of Business (Sole Proprietorship, Partnership, Corporation with State of Incorporation)
_________________________________________________________________
Typed or Printed Name of Authorized Representative:
_________________________________________________________________
Title:
_________________________________________________________________
Signature:
_________________________________________________________________
Telephone Number:                Facsimile Number:
_______________________________ ________________________________
Email Address:
                 (Please Print)

       BID DOCUMENTS TO BE RETURNED ATTACHED TO THIS CONTRACTOR'S BID FORM
                 1.   Experience Statement
                 2.   Subcontractors List
                 3.   Bid Security Check or Bond
                 4.   W-9 & Vendor Application Forms
                      If not previously submitted.
    Failure to complete, sign, and return the above bid documents with your bid may render it non responsive.




                                                     Page 35
                                          EXPERIENCE STATEMENT
The Bidder hereby certifies that it has a current and valid Contractor's License, in good standing, issued by the
State of Nevada Contractors’ Board and that the information below is a true and correct record of its experience in
construction of a type similar in magnitude and character to that contemplated under this contract. The following
references can give a fair and unbiased evaluation of the Bidder’s performance. Additional pages outlining this
portion of the bid may be attached.

Bidder Name: ____________________________________________

Nevada Contractor’s License Number: ________________________               Expiration Date: ________________

Classification: ______________ (applicable to the work)            Financial (Dollar) Limit: ________________
Description of Project                    Year    Amount           Customer Contact & Telephone

_______________________________ _____ $_________                   __________________ (_____)__________

_______________________________ _____ $_________                   __________________ (_____)__________

_______________________________ _____ $_________                   __________________ (_____)__________

_______________________________ _____ $_________                   __________________ (_____)__________

_______________________________ _____ $_________                   __________________ (_____)__________

_______________________________ _____ $_________                   __________________ (_____)__________

_______________________________ _____ $_________                   __________________ (_____)__________

                           IF APPLICABLE PREFERENTIAL BIDDER STATUS
I declare under penalty of perjury that said firm has paid the sales and use tax and/or the motor vehicle tax of not
less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of
this bid as necessary to qualify for the preferential bidder status pursuant to NRS 338.147. Receipts for all taxes
will be made available to WPCSD upon request.
All contractors declaring the above Preferential Bidder Status must submit with your bid response the Certificate
of Eligibility issued by the Nevada State Contractors Board.
Authorized
Signature of Bidder: _______________________________________               Date: ____________________




                                                       Page 36
                                      SUBCONTRACTORS LIST
The following is a list of the subcontractors who will be doing work in excess of 1% or $50,000.00,
whichever is greater of the General Contractor’s total bid price, if the Contractor is awarded the contract.
Subcontractors who are not listed will not be used without the written approval of the WPCSD.
Additional pages using this format may be attached as necessary.
Company Name of Bidder:


SUBCONTRACTOR:                                                                  NATURE OF WORK:


LOCATION/ADDRESS:


LICENSE NO:                               EXPIRATION DATE:                      PHONE:

CLASSIFICATION:                                         /       /               (     )
SUBCONTRACTOR:                                                                  NATURE OF WORK:


LOCATION/ADDRESS:


LICENSE NO:                               EXPIRATION DATE:                      PHONE:

CLASSIFICATION:                                         /       /               (     )
SUBCONTRACTOR:                                                                  NATURE OF WORK:


LOCATION/ADDRESS:


LICENSE NO:                               EXPIRATION DATE:                      PHONE:


CLASSIFICATION:                                         /       /               (     )
SUBCONTRACTOR:                                                                  NATURE OF WORK:


LOCATION/ADDRESS:


LICENSE NO:                               EXPIRATION DATE:                      PHONE:

CLASSIFICATION:                                         /       /               (     )
SUBCONTRACTOR:                                                                  NATURE OF WORK:


LOCATION/ADDRESS:


LICENSE NO:                               EXPIRATION DATE:                      PHONE:

CLASSIFICATION:                                         /       /               (     )



                                                   Page 37
                                                   Description of Work

Carpet replacement bid shall include removal of existing carpet and base and reinstallation of a commercial carpet, tile,
rubber, polished flooring or combination per WPHS Floor Plan. Base and transitions must be included. Contractor will be
responsible for repairing any damage to flooring and wall surfaces caused by removal in order to get wall and flooring
services in optimal condition for a quality installation.

Cove Base installation: Base installation will consist of a 4 inch rubber base with color that would coordinate with the
flooring. Samples must be provided for color, type and style choices.

Tile Installation: The tile will be commercial grade Vinyl Composition Tile (VCT) and must match the type, color and
pattern of the existing flooring. Samples must be provided for color, type and style choices prior to installation.

Rubber Flooring System: The rubber flooring system must be commercial grade

Concrete Polishing System: System must be abrasion resistant

Carpet Areas                                                                  $_____________________
Administrative Office & Classrooms except for rooms 101, 201, 203, Faculty Room, 302, 303

Carpet: Commercial loop pile with high performance backing and with moisture barrier. Yarn to be 100% Type
6 Nylon .
Warranties: Lifetime commercial warranty for Abrasive/Wear (less than 10%), Tuft Bind, Static Protection (less
than 3.5 kv), Edge Ravel, Zippering, Delamination, and Dimensional Stability.
Minimum Specifications:
Tufted pile weight      24.0 oz/sq yd
Gauge                   1/10 inch
Stitches per inch       9 stitches/in
Finished pile height 0.120 inch
Backing Construction Performance Broadloom, Weldloc Bloc. or equal
Appearance Retention Rating (ARR) ARR of severe or 3.5 - 4.0 is required

Tile (VCT) Areas                                                             $_____________________
Tile in hallways and common areas and including rooms 101, 203, & Faculty Room.

Tile 12 in (305 mm) Wide x 12 in (305 mm) Length
Reference Specs: ASTM F 1066 Class 2 - through-pattern
Fire Test Data: ASTM E 648 Critical Radiant Flux Class I - 0.45 or more watts/cm2: ASTM E 662 Smoke
Developed 450 or less Numerical flammability ratings alone may not define the performance of the product under
actual fire conditions. These ratings are provided only for use in the selection of products to meet the specified
limits.
Static Load Limit: ASTM F 970 125 psi (8.8 kg/cm2)
Gauges: 1/8 in (3.2 mm) overall (nominal)

Polished Concrete Bid Alternate:                                               $_____________________
Polished concrete system with solvent based dyes or stain in hallways and common areas including rooms 101,
203 & Faculty Room

Rubber Flooring Bid Alternate                                                $_____________________
Rubber flooring system in hallways and common areas including rooms 101, 203 & Faculty Room

Raised Design Rubber Floor Tile
All floors shown in the finish schedule or listed in this specification for heavy traffic areas shall be


                                                           Page 38
Roppe’s rubber floor tile or similar product of equal quality. The tile shall be homogeneously constructed of first-
quality resilient rubber compound, and shall conform to ASTM F-1344, Class 1. The tile shall be 19-11/16" x 19-
11/16” (50cm x 50cm) size, 1/8" (3.175mm) gauge and match current color schemes.

Linoleum Areas                                                                     $_____________________
Rooms 201, 301, 302 & 303.

All installations will be according to the manufacturer's specifications using recommended adhesives.




                                                      Page 39
                                      WPHS Floor Plan




                                                                         South


                               = Affected areas
                                                           East                        West


                                                                         North
The estimated square footage below is to be used for reference only so contractors an have an idea of the size of
the project. The Contractor/Bidder must rely upon their own measurements for bid purposes.

Approximate SF                                           Approximate SF
E-W Hallway Upper = 1,860 SF                             Room 301 = 865 SF
E-W Hallway Lower = 1,860 SF                             Room 302 = 865 SF
N-S Hallway = 2,680 SF                                   Room 303 = 865 SF
Room 101 = 1,100 SF                                      Faculty Lounge = 420 SF
Room 201 = 1,270 SF                                      Other Classrooms = 13,970 SF
Room 203 = 1,680 SF                                      Admin Office & Library = 4,200 SF
                                                         Total Approx. SF = 31,635




                                                      Page 40

				
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