NYE COUNTY AGENDA INFORMATION FORMAction U Presentation U Presentation & Action

Department: Town of Pahrump Agenda Date:Category: Regular Agenda Item April 2, 2019

Contact: Danielle McKee Phone: 775-751-6394 Continued from meeting of:

Return to: Location: Phone:

Action requested: (Include what, with whom, when, where, why, how much (5) and terns)

Discussion and deliberation tod) Award Bid 2019-01 — Kellogg Park Clearing Grubbing and Grading toWulfenstein Construction in the amount of $549,585.82; 2) Execute the contract; and 3) Fund $150,000.00from 25252 Parks Impact Fee Fund and the remaining $399,585.82 from 25223 Parks Room Tax Fund.

Complete description of requested action: (Include, if applicable, background, impact, long-tel-rn commitment, existing county policy,future goals, obtained by conipctitivc bid, accountability measures)

The bid was advertised in the Las Vegas and Pabrump papers as well as the Pahrump Website. One bid wasreceived from Wulfenstein Construction in the amount of $549,585.82.

Staff recommends approval of the contract.

Any information provided after the agenda is published or during the meeting of the Commissioners will require you to provide 20 copies:one for each Commissioner, one for the Clerk, one for the District Attorney, one for the Public anti two for the County Manager.Contracts or documents requiring signature must be submitted with three original copies.

Expenditure Impact by FY(s): (Provide detail on Financial Fona)

U No financial impact

Routing & Approval (sign & Date)

I. Dept Dale 6. Date

2. Date 7. HR Date

Date3 Date 8. Legal Y14% o-z_o4- H4 Date 9. Finance Date

5 Date io. County Manager QCcnda Date

TEM #

March 5, 2019

Dear Commissioners:

P.O. Box 38 • 2281 E. Postal Drive • Pabrump, NV 89041(775) 727-5900 • FAX (775) 727-6010

•I*::fl

CO., INC.

Nyc County Board of CommissionersP. 0. Box 1031Tonopah, NV 89049

Re: Bid #2019-01 /PWP #NY-2018-14 Kellogg Park Improvements Phase 1 —

Clearing-Grubbing arid Grading all located in Pahrump, Nye County, Nevada.

Wulfenstein Construction Co., Inc. has been engaged in the production, sale,and placement of road material specified in the bid for over twenty-five years.We have a proven track record in producing material that will meet thestringent specification requirements for Nye County.

Wulfenstein Construction Co., Inc. will complete the project in a timely fashionand will cooperate fully with all necessary quality control.

The following is a list of entities to which Wulfenstein Construction Co., Inc.has provided road materials identical or similar to those sought by this bid:

Floyds ConstructionAttn; Mike Floyd1202 South Highway 160Pahrump, NV 89048775-727-5606Continuous material supply of base materialand asphalt patching.

Paving • Asphalt Sand & Gravel

Nyc County Board of CommissionersMarch 5, 2019Page 2.

CalTransP. 0. Box 188Shoshone, CA760-852-4352Supply of road

Death Vafley Park ServiceAttn: Ainsley HolesoP. 0. Box 579Death Valley, CA 92328Supply of road chips and

Yours truly,

83284

chips and base material.

base material.

CO., INC.

ByChristianPresident

CS:as

COUNTY OF NYE, STATE OF NEVADATOWN OF PAHRUMP

BID NO. 201 9-01

Contractor will be responsible for clearing, grubbing, removing, and disposing of vegetationwithin the limits of construction. Perform grading, site preparation1 excavation, filling, trenching,backfilling, and compaction necessary to construct finished areas indicated for siteimprovements roadways, utilities, and ancillary work. The Contractor shall provide all services,labor, materials, staking services, and equipment required for all earthwork and relatedoperations necessary or convenient to the Contractor for furnishing a complete work as shownon the drawings or specified in these Contract Documents.

BID PACKAGE

Including:

GENERAL INSTRUCTIONS TO CONTRACTORSSPECIAL PROVISIONS/SPECIFICATIONS

BID NO: 2019-01

LABOR COMMISSION NO. PWP-NY-2018-14

MANDATORY PRE - BID MEETING: February 20, 2019 at 10:00 am.

BIDS OPEN: March61 2019 at 1:30 p.m.

CONTRACT TERM: Sixty (60) calendar days from Notice to Proceed

Approved:

J RMANNYE COU BOARD OF COMMISSIONERS

Date: ,./2, /I..t.1I

BID PACKAGE 32, GENERAL INSTRUCTIONS TO BIDDERS 3

A. RECEIPT ANO OPENING OF BIDSB. PREPARATION OF BID 3C. METHOD OF BIDDING 30. OBLIGATION OF BIDDER 4E. SUBCONTRACT 4F. QUALIFICATION OF BIDDER 4G. ACCEPTANCE 4

3. SPECIAL PROVISIONS 4A. STANDARD SPECIFICATIONS 4B. TERMS 4C. AWARD AND EXECUTION OF CONTRACT 40. BEGINNING OF WORK. 7IME OF COMPLETION/LJQUIDATED DAMAGES 4E. TERMINATION 5F. PAYMENT 5S. BONDS 5

H. SUBCONTRACTING 5I. DESCRIPTION OF WORK BJ. PROPOSAL REQUIREMENTS AND CONDITIONS 9

K. MATERIAL SPECIFICATIONS 94. PROPOSAL TO THE COUNTY OF NYE 95. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE 126. PUBLIC CONTRACT SECTION 10232 STATEMENT 127. TITLE 23, UNITED STATES CODE, SECTION 112 NON-COLLUSION AFFIDAVIT 138. CONTRACTOR QUALIFICATION 149. BIDDER’S BOND 1710. PROPOSED AGREEMENT 16

A. SCOPE OF WORKB. NOTICE TO PROCEED, TIME OF COMPLETION. LIQUIDATED DAMAGES, TERMINATION AND

MODIFICATIONC. THE CONTRACT SUM0. PROGRESS PAYMENTSE. ACCEPTANCE AND FINAL PAYMENTF. STATUS AS INDEPENDENT CONTRACTOR0. FAIR EMPLOYMENT PRACTICESH. PREVAILING WAGE

1. Labor Law Reaulrements.2. Prevailing Rate ofWaoes.3, HoursofWod.

I. INSURANCE1. Compensation Insurance.2. Contractors Public LipbjIftv and Prooertv Damaoa Insurance and Vehicle LIabflftv Insurance.3. Subcontractors Public LIability and Pmoertv Damane Insurance and Vehicle Liability Insurance.4. Scor,e of Insurance and Sneclal Hazards.5. Builders Risk Insurance (Fire and Extended Coverage).6. Proof of Carriage of Insurance.

J. THE CONTRACT DOCUMENTSK. SELECTED ALTERNATES AND OPTIONSL. NO THIRD-PARTY BENEFICIARYM. ASSIGNMENT ANDSUBCONTRACTING

1. Acck,nment2. Subcoi,bactino.

N. WAIVER0. ATTORNEYSPEESP. ENTIRE AGREEMENT0. NOTICES

2

1. BID PACKAGE

2. GENERAL INSTRUCTIONS TO BIDDERS

A. RECEIPT AND OPENING OF BIDSThe Nye County Board of Commissioners, on behalf of the County of Nye, State of Nevada (herein called

Ihe “OWNER”) invites bids for: Kellogg Park Phase I: Clearing-Grubbing and Grading.

A MANDATORY pre-bid meeting will be herd on February 20, 2019 at 10:00 an at Kellogg Park, located along theeast sIde of Squaw Valley Road between Bridger Street and Kings Way in the Town of Pahrump, Nevada.

Bids will be received by the OWNER at the Town of Pahrump Office. 2101 E. Calvada Blvd. Ste 300,Pahrump, Nevada 89048, until 1:30 p.m. March 6, 2019 Bids received after the deadline will not be honored,regardless of when postmarked or sent. Bid opening will commence at 1:30 p.m. March 6, 2019, in the Town ofPahrump OFfice, 2101 E. Calvada Blvd. Ste 200, Pabrump, Nevada. Award may be made at the regularlyscheduled meeting of the Nye County Board of County Commissioners on March 19, 2019 In Pahrump, Nevada.Envelopes containing the bids must be sealed and addressed to the Town of Pahrump Office, 2101 E. CalvadaBlvd. Ste 300, Parhump, Nevada, 89048, and labeled:

BID NO. 2019-OIIPWP-NY-2018-14 Kellogg Park Phase 1-Clearing-Grubbing and GradIng

The OWNER may, but need not, consider any bid not prepared and submitted In accordance with theprovisions hereof and may, but need not, waive any informalities or errors in form. The OWNER reserves the rightto reject any and all bids.

Any bid may be withdrawn prior to the above-scheduled time for the opening of the bids or any authorizedpostponement thereof. Any bid received after the time and date specified shall not be considered. No bidder maywithdraw a bid within 30 calendar days after the actual date of the opening thereof.

8. PREPARATION OF BIDAll bid prices must be submitted in writing, in ink, or be typewritten, in both words and figures and

completed according to the Schedule of items and Prices. The bidder must submit a Contractor Qualification (acopy of which is included in this Bid Package) for the bidder and any subcontractor the bidder intends to use for thejob. All required certifications must be fully executed when submitted.

Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his/heraddress, and the name of the project for which the bid is submitted. If the bid is forwarded by mall, the sealedenvelope must be addressed and labeled as noted above. No bids transmitted by facsimile will be considered.One (‘1) orIginal and three (3) copIes of the bId must be included.

C. METHOD OF BIDDINGThe OWNER requests bid includes the price per unit In accordance with the Schedule of Items and Prices.

The bidder’s bid shall be totaled on the last page of the bidder’s Proposal.

The OWNER reserves the right to make modifications in specifications and/or conditions prior to bidopening, if deemed necessary, In which event, all bidders will be timely notified, and/or the time for bids extended.

Each bidder will submit with its bid the following:

1. The information requested on the forms entitled “Contractor Qualification, included in this bidpackage.

2. Data relating to the duration of time it has engaged In the performance of the type of Clearing-Grubbing and Grading Improvements for which this Invitation to Bid Is made.

3. References, with names, addresses and telephone numbers of entities to which the bidderpreviously has performed similar Clearing-Grubbing and Grading improvement work to that soughtby this Invitation to Bid.

Any other terms, costs, conditions or options that would affect the bidder’s bid and which have not beenrequested or specified in the bid package, must be noted and included in the submitted bid.

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D. OBLIGATION OFBIDDERAt the time of the opening of the bids, each bidder will be presumed to have read and thoroughly

familiarized him/herself with all of the bid package documents. Each bidder will be presumed to have visited andvisually examined the condition and environment of the location of the project. The failure or omission of any bidderto examine any form, instrument or document shall In no way relieve any bidder from any obligation in respect tohisiher bid.

E. SUBCONTRACTThe bidder must include in his or her Proposal a separately completed “Contractor Qualification” for each

person or company to whom the bidder proposes to award a subcontract for performance of the required duties.No proposal shall be considered If the bidder tails to submit this torm.

F. QUALIFICATION OF BIDDERThe OWNER may make such investigations as it deems necessary to determine the ability of the bidder

(and any designated subcontractors) to supply the materials and perform the work required. The bidder shallfurnish to the OWNER all such information and data for this purpose as the OWNER may request.

6. ACCEPTANCEUpon acceptance of any bid, a final contract between OWNER and the successful bidder will be executed,

the same to embody by reference the provisions of this Bid Package, except as otherwise negotiated.

3. SPECIAL PROVISIONS

A. STANDARD SPECIFICATIONSThe work embraced herein shall be done In accordance with the Standard Specifications for Public Works

Construction, as distributed by Washoe County dated 2007, unless specifically Indicated otherwise.

In case of conflict between the Standard Specifications and these special provisions, the special provisionsshall take precedence over and be used In lieu of such conflicting portions.

B. TERMSWherever In the Standard Specifications, Special Provisions, Notice to Contractors, Proposal Contract, or

other contract documents the following terms are used, the intent and meaning shall be interpreted as follows;

1. Town of Pahrump Building and Grounds Department;2, The Board of CommissIoners for the Unincorporated Town of Pahrump;3. The County of Nye for the State where reference is made to the agency administering the Contract,4. Nye County Auditor for the State Treasurer where reference is made to Contract payments; and5. Town of Pahrump Buildings and Grounds Manager or his assign for Director, where reference to

Director andfor Engineer is made.

C. AWARD AND EXECUTION OF CONTRACTThe award of contract will be to the bidder who submits the lowest most responsive and responsible bidder

pursuant to NRS 338.1385 (5)Following award of the contract, a contract will be prepared, incorporating the Invitation to Bid and the Bid

Package, and will be executed by the parties thereto.

0. BEGINNING OF WORK, “TIME OF COMPLETION, LIQUIDATED DAMAGESContractor shall begin work within from one (1) to ten (10) workIng days after receiving “Notice to Proceed

for work described in the bid package awarded to the contractor, and work shall be completed within 60 calendardays.

Contractor shall complete all work described within 60 calendar days) unless an extension is provided Inwriting by County. Should the work not be complete within the specified time for completion, the Contractor will beliable for liquidated damages, payable to County in the amount of Five Hundred Dollars ($500.00) for each workingday beyond the deadline taken for completion, as provided herein. All rights and remedies of the County arecumulative and nol exclusive of any other rights or remedies that may be available to County, whether provided bylaw, equity, statute, or otherwise However, the liquidated damages provision set forth herein is County’s exclusive

4

remedy for Contractor’s breach as specifically defined in Section D. County may elect to withhold the liquidateddamages from any payment to Contractor.

Attention is directed to the provisions in Section E 7ERMINATION”.

E. TERMINATIONCAUSE. The contract may be terminated for cause by the Board of Commissioners, upon the

recommendation of the Director. Cause shall include, but is not limited to, the following: testing requirements notmet, or failure to comply with any contract requirement.

Upon determination of cause by the Director, written notice shall be given the Contractor of thespecific cause. Upon receipt of written notice, and lithe notice so directs, the Contractor shall cease work andmeet with the Director or his representative to determine corrective action. Corrective action will be agreed to inwriting, and signed by both parties. In the event that no agreement is reached within ten (10) working days ofnotice, the Director may recommend the termination to the Board of Commissioners. The Board of Commissionsdecision shall be final.

WITHOUT CAUSE. County shall have the right, at any time to terminate the Contract, withoutcause, with thirty (30) calendar days written notice.Upon termination of this Contract, other than for Cause, County shall pay Contractor For that part of the productsupplied and services performed satisfactorily to the date of such termination at the rates set forth in this Contractand all applicable documents which, by reference, are made a part hereto.

F. PAYMENTPayment for Clearing-Grubbing and GradIng will be at the accepted unit bid price and per as installed

measurements only.

include in the Unit Price overhead and profit.

Include in equipment rate for force account the mobilization and demobilization, operator, fuel andmaintenance.

G. BONDS1. A bid bond in an amount equal to ten percent (10%) of the total bid price must accompany the bid2. The bond shall be on the form provided, oron a like form.3. A performance bond in an amount equal to one-hundred percent (100%) of the total contract

amount must be provided by the Contractor.a. The bond must be furnished to the OWNER within eight (8) days, not including

Sundays and legal holidays, after the successful bidder has received notice from the OWNER thatthe contract has been awarded.

b. The performance bond must guarantee the faithful performance by the Contractorof all the terms of the contract.

4. A materials and payment bond in an amount equal to one-hundred percent (100%) of the totalcontract amount must be provided by the Contractor.

a. The bond must be furnished to the OWNER within eight(S) days, not IncludingSundays and legal holidays, after the bidder has received notice from the OWNER that the contracthas been awarded.

b. The payment bond shall guarantee Contractor’s payment of all subcontractorsand/or vendors for all labor, materials, provisions, supplies or items expended in fulfilling thecontract.

H. SUBCONTRACTINGNo subcontracting by Contractor shall be approved unless requested in writing to the Director and

approved in writing by the Director.

In no case shall said subcontract reflect a change in bid price.

5

I. DESCRIPTION OF WORK

Sum mary:Contractor will be responsible for clearing, grubbing, removing, and disposing of vegetation within the limits ofconstruction. Perform grading, site preparation, excavation, filling, trenching, backfihling. and compaction necessaryto construct finished areas indicated for site improvements roadways, utilities, and ancillary work. The Contractorshall provide all services, labor, materials, staking services, and equipment required for all earthwork and relatedoperations necessary or convenient to the Contractor for furnishing a complete work as shown on the drawings orspecified in these Contract Documents.

CLEARING AND GRUBBINGPreparation: (Grubbing)

Contact “CALL BEFORE YOU DIG” before performing work. Request underground utilities to be locatedand marked within and surrounding construction areas.Notify affected utility companies before starting work and comply with utilities’ requirements.Do not close or obstruct roadways, sidewalks, and hydrants without permitsProtect streets, roads, adjacent property, and other works to remain throughout the work.Prevent movement or settlement of adjacent structures.Protect existing utilities, structures, trees, plants, and other features which are to remain.Repair or replace damaged item(s) during and due to work on the job.

Clearing:Limits of clearing and grubbing shall be au areas within contract iimit lines.Remove trees, saplings, bushes, vines and undergrowth within the limits of clearing except where noted ondrawings to remain.Remove all stumps, roots, and matted roots within the limits of grubbing to the depths below.

o Roads 18 incheso Parking 12 inchesjo Lawn areas 8 incheso Fills 12 inches

Disposal:Perform demolition work in accordance with the section; demolish in an orderly and careful manner.Remove demolished materials from site except where specifically noted otherwise Do not burn or burymaterials on-site,Remove materials as work progresses. Upon completion of work, leave areas in clean conditionProperty dispose of materials outside the project limits and pay all costs involved

o Obtain permit from property owner on whose property the disposal is to be made.o File the permit (or certified copy of the permit) in writing with OWNER, with a release from the

property owner absolving OWNER of any and all responsibility In connection with the disposal ofmaterial on the owner’s property.

Use of explosives is not permitted.Conduct demolition to minimize interference with adjacent structuresCease operations immediately when adjacent structures appear to be in danger Notify owner, Do notresume operations until directed by owner.Conduct operations with minimum interference to public or private accesses to occupied adjacentstructures. Maintain egress from and access to adjacent structures at all timesObtain written permission from adjacent property owners when demolition equipment will traverse infringeupon, or limit access to their property.Comply with dust control requirements.Do not sell demolished materials on-site.

GRADING

6

Preparation:Furnish, place, and maintain supports and shoring that may be required for sides of excavations. Actualsoils encountered during construction may necessitate that slopes of temporary excavations and trenchesbe flatter than those indicated in drawings.

o Flatten slopes of temporary excavations and trenches as required for slope stability and safeexecution of work at no additional cost to owner.

o Prepare and maintain slopes on sides of excavations to ensure safe execution of work.o Perform excavations in accordance with Standard Specifications, Nevada OSHA requirements, and

rules, orders, and regulations.Contractor assumes full responsibility for constructing facilities required for diversion of storm waterdrainage around or through construction area. Use pumping, ditching, or other measures for removal orexclusion of water, including taking care of storm water and wastewater reaching site of work from anysource to prevent damage to work and adjoin property. Contractor Is responsible for damage to personsand property due to interruption or diversIon of storm water or wastewater caused by constructionoperations.

Utilities: Contact CALL BEFORE YOU DIGTM not tess than 48 hours prior to starting excavation.Protect newly graded areas from traffic, erosion, and settlement. Repair and reestablish damaged oreroded slopes, elevations or grades and restore surface construction prior to acceptance.Disturbance of lands outside the limits of the construction is prohibited, except as may be found necessaryand approves in writing by the owner.

Quality Assurance:Perform proctor density rests for backfilled material.Provide proctor density tests for backfihled material, fills, and ernbanknients for approval by the Engineer.Conduct trenching and shoring operations in accordance with state of Nevada Occupational Safety andHealth Standards for the construction Industry.

Materials.Type II Aggregate base material conforming to requirements of Section 704 of Standard Specifications for1 Inch maximum size material.Backfill for unauthorized over exaction: Selected, well-graded material not larger than 2 inches in maximumdimension, as approved by engineer.Selected, excavated materials used for backfill shall be free from broken concrete, lumber, grass, roots,brush, and other vegetation. Except as otherwise specified, do not use rocks or boulders In backfill whichdo not break down during compaction operatIons to less than 6 inches in sIze.Site Fills and Embankments:

o On-site excavated materials or imported material, meeting approval of engineer.o If excavated materials are not avaIlable from Immediately adjacent area of project, transport

materials as required at no additional cost to owner.o On-site fill material may be allowed; use only soil or soil-rock mixture that is free from debris,

organic matter, and other deleterious sub5tance.• Fill material shall contain no rocks or lumps over 3 inches In greatest dImension with a

minimum of 90 percent passing the 1 inch sieve.• Materials shall be compacted as specified in the drawings.

Imported fill and backfill material:o All imported material shall meet the requirements described above and shall, in addition be of

granular nature with sufficient binder to form a firm and stable unyielding subgrade. The materialshall be compacted as specified on the drawings.

o Ciay soils will not be acceptable.o All imported fill soil shall be non-expansive with a maximum of 8 Percent passing the 200 sieve.o Backfill around concrete structures shall be on-site excavated material not larger than 2 inches in

maximum dimension or imported Type II aggregate.

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Examination:Verify that survey benchmark and intended elevations for work are as indicated; contacl the Engineer priorto beginning work if there is discrepancy between the CONTRACTOR’s field information and the design.Provide pumping, ditching, or other approved measures for removal or exclusion of water, Including stormwater and wastewater reaching site of work from any source, to prevent damage to work or adjoin property.Dispose of storm drainage water to prevent flooding, erosion, or other damage to any portion of site, adjoinareas, or storm water conveyance structure.

Dust Control:Execute work by methods to minimize raising dust from construction operations.Provide positive means to prevent airborne dust dispersing into atmosphere.Comply with Nye County Dust Control Regulations.

Site Excavation:Confine sire exaction and excavation slopes for construction within limits indicated by lines and gradesshown on drawings. Over-excavate any highly porous soils to depth of at least 18 Inches below subgradelevel if directed be the engineer. Remove materials outside limits of proposed lmprovem8nts whichconstitute threat to maintenance or protection of Improvements, as determined by engineer, at no additionalcost to owner.Compacting of Existing Ground Surface: Following scarification, compact loosened material to not less than95 percent of maximum density, or as directed by the engineer. before any fill material id depositedthereon.Any uncontrolled fill, deleterious material, loose or disturbed native soils shall be excavated for the workarea to expose native soils, any uncontrolled fills, deleterious materials, looses or disturbed native soilsshall be excavated and removed from the sire or processed for base meeting the recommendations herein.This excavation shall extend a minimum of 2 feet beyond pavement edge.It is expected that some excavation will require removal of various types of material, Including cementedsoils and rock. The cost for the exaction of cemented soils and rock encountered shall be considered asincluded in the price bid and no additional compensation will be allowed.Compacted subgrade shall be maintained at optimum moisture content until placement of an aggregatebase course.Ponding and jetting shall not be permitted.After the required excavation is complete, the subgrade soil shall be scarified to a depth of at least 12inches and moisture conditioned to the optimum moisture content and compacted to 90 percent.Excavated native soils may be used as a structurai fill after processing provided the swell potentiai is nogreater than 5 percent, has a solubfllty less than 2 percent and all material greater than 3 inches isremoved.

Site Fill:Scarification of existing Ground Surface:

o First clear areas upon which fill material is to be placed, of materials required to be removed, thenloosen by appropriate means to minimum depth of 12 inches.

o At locations where less than 6 inches of fill is lo be placed thereon, loosen existing ground to suchdepth that total compacted depth below underside of base course is not less than 6 inches.

o Remove rocks larger than 3 inches In maximum dimension from loosened material and dispose ofat no additional cost to owner.

o Alternately scarify and disk and moisten loosened material as required until material is uniformlymixed and moistened throughout

Compacting of existing ground surface: Following scarification, compacted loosened material to not lessthan 95 percent of maximum density, or as directed by engineer, before fill material is deposited thereon.Build up fills and erribankments to full width from bottom In successive layers not exceeding 8 inches inthickness before compaction.

8

Hand-compact by mechanical means, places inaccessible to mobile power compacting equipment to abovespecified densities.Upon completion, subgrade shall be firm, hard, and unyielding with true and uniform surface conforming tograde and cross section as shown or ordered.

Water Control:Grade site to drain. Maintain excavations free of water, Provide, operate, and maintain pumping equipment.Control surface waler and prevent damage to the Project, the site, and adjoining properties.Furnish, place, and maintain supports and shoring required for sides of excavations

Erosion and Sediment Contro/:Plan and execute construction by methods to control surface drainage from cuts, flits, and borrow andwaste disposal areas. Prevent erosion and sedimentationMinimize surface area of bare soil exposed at one time.Provide temporary measures Including bernis, dikes, drains, and other devices to prevent water flow.Construct nil and waste areas by selective placement to avoid erosive surface silts or clays.

Periodically inspect earthwork to detect evidence of erosion and sedimentation; Promptly applycorrective measures.

J. PROPOSAL REQUIREMENTS AND CONDITIONSThe Department will furnish the prospective bidder with a proposal form.

The form of the bidders bond, which must be provided by the Contractor, is attached hereto, following thesignature page of the proposal annexed hereto.

K. MATERIAL SPECIFICATIONS

As outlined in the DescriptIon of Work.

4. PROPOSAL TO THE TOWN OF PAHRUMP

(Because some colored inks will not reproduce in copy machines, please use black ink to complete this proposal)

NAME OF BIDDER: Wutfenstein Construction Co., Inc.

BUSINESS ADDRESS; P.O. Box 38

CITY, STATE, ZIP; Pahrump, NV 89041

TELEPHONE NO: AREA CODE ( 775 ) 727-5900

The Work for which this proposal is submitted Is for construction in accordance with the provisions of theInvitation to Bid and the Bid Package (including the special provisions and specifications), and also in accordancewith the Standard Specifications for Public Works Construction 2007, sponsored and distributed by the RegionalTransportation Commission of Washoe County, Nevada.

The bidder shall set forth the “Unit Price” for each “Unit”, in clearly legible figures in the respective spacesprovided in the “Schedule of Items and Prices” for this purpose. The amount set iorth as the “Total Cost” shall bethe extensIon of the “Unit Price” times the “Quantity” for the particular “Item No,”, the sum of the “Total Cost” of allitems will be the “Total Price” for the complete Project or Work.

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In case of discrepancy between the “Unit Price” (cost per unit of measure) and the total set forth for the“Total Cost”, the “Unit Price” shall prevail, provided however, if the amount set forth as a “Unit Price” is ambiguous,unintelligible or uncertain for any cause and a contrary intention is not evident from the proposal and other contractdocuments upon which the bid is based, or if the bidder made no entry in the “Unit Price” column, or entered thesame amount in the “Unit Price” and “Total Cost”, then the amount set forth as the “Total Cost” for the number ofsquare feet in the project shall prevail. When the amount set forth as the “Total Cost” prevails, It shall be divided bythe “Quantity” in corresponding “Item No.”, and the price thus obtained shall be the “Unit Price”.

II this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish thebonds in the sums required by this Invitation to Bid and Bid Package, with surely satisfactory to the OWNER, withineight (8) days, not including Sundays and legal holidays, after the bidder ha5 received notice from the OWNER thatthe contract has been awarded, the OWNER may, at its option, determine that the bidder has abandoned thecontract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of suchsecurity accompanying the proposal shall operate and the same shall be the property of the OWNER

The undersigned, as bidder, declares that the only persons or parties Interested in this proposal asprincipals are those named herein; that this proposal is made without collusion with any other person, firm, orcorporation; that he has carefully examined the Invitation to Bid and the Bid Package; that he fully understands thatthe OWNER shall have the sole right and discretion to accept the Proposal; and the undersigned proposes, if thisProposal is accepted by the OWNER; that he will contract with the OWNER to provide all necessary machinery,tools, apparatus and other means of production, and to do all the work and furnish all the materials specified in thecontract that will be awarded, in the manner, the time and cost therein prescribed, and according to therequirements of the Director as therein set forth, and that he wilt take, in lull payment therefore, the followingSchedule of Items and Prices, to-wit:

Jo

FORM OF TENDER

Part 1-

Item No.

234

Description of Work

Clearing and GrubbingExcavation

EstimatedQuantity

1 1,9606,50013,560

Unit

LsCYcysyES

U nitPrice

$66,235.1$13.41$30.80$8.32

Total Cost

$66,235.1$160,383.60$200,200.00s1I2,819.zu$9,947.88$S

SCHEDULE OF ITEMS AND PRICES

567

Subtolal:

Over-Excavation and BackfillSubgrade PrepMobilization and Demobilization $9,947.88

SS

$549,585.82

A ddendums

8 \Addendum#i3to ( S

TOTAL PRICE (Sum or Items 1 to .i inclusive) 5 49,585. 2

BIDDER:

BY:

PRINT NAME

TITLE:

EMAIL:

fpeoLc

cAnse4/v4&n.

II

THE BIDDER’S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSALSHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE

CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL

The bidder X, proposed subcontractor

______

hereby certifies that he has has not_____

participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive

Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the

Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency.

or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filing

requirements

NOTE: The above certification is required by the Equal Employment Opportunity Relations of the Secretary ofLabor (41 CFR 60-1 ,7(b)(1)) and must be submitted by bidders and proposed subcontractors only in connectionwith contracts and subcontracts that are subject to the equal opportunity dause. Contracts and subcontracts whichare exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts orsubcontracts of $10,000 or under are exempt.)

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementingregulations.

Proposed prime Contractors and subcontraclors who have participated in a previous contract or subcontractsubject to the Executive Orders and have not filed the required reports should know that 41 CFR 60-1.7(b)(1)prevents the award of contracts and subcontracts unless such Contractor submits a report covering the delinquentperiod or such other period specified by the Federal Highway Administration or by the Director, Office of FederalContract Compi lance, U S Department of Labor

12

5. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE

In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penaFty ofperjury, the following questionnaire.

Has the bidder, any officer of the bidder, or any employee of Ihe bidder who has a proprietary interest in thebidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, orlocal government project because of a violation of law or a safety regulation?

Yes__________ No X

lie answer Is yes, explain the circumstances in the following spaca

6. PUBLIC CONTRACT SECTION 10232 STATEMENT

PUBLIC CONTRACT SECTION 10232 STATEMENT

In accordance with Public Contract Code Seclion 10232, the Contractor hereby states, under penalty ofperjury, that no more than one final unappealable finding of contempt of court by a federal court has been issuedagainst the Contractor within Ihe immediately preceding two year period because of the Contractors failure tocomply with an order of a federal court which ordered the Contractor to comply with an order of the National LaborRelations Board.

7. TITLE 23, UNITED STATES CODE, SECTION 112 NON-COLLUSION AFFIDAVIT

TITLE 23, UNITED STATES CODE, SECTION 112 NON-COLLUSION AFFIDAVIT

In accordance with Title 23, United States Code, Section 112, the bidder hereby states, under penally ofperjury, that he has not, either directly or indirectly, entered into any agreement, participated in any collusion, orotherwise taken any action In restraint of free competitive bidding in connection with this contract.

NOTE: The above Statement, Questionnaire, and Non-Collusion Affidavit are part of theProposaL Signing this Proposal on the signature portion thereof shall also constitutesignature of this Statement, Questionnaire, and Non-Collusion Affidavit

Bidders are cautioned that making a false certification may subject the certified to criminalprosecution.

13

8. CONTRACTOR QUALIFICATION

CONTRACTOR QUALIFICATION

E1I Submitted by: Chris Spross Date: 2/21/2019

CONTRACTOR INFORMATION

Company Name: Wylfenstein Construction Co.. Inc.

Address: P0. Box 38

City: Pabrump State: NV Zip Code: 89041

Telephone:775-727-5900 FAX: 775-727-6010

VendorTerms: Net 30

Federal Tax ID#: 88-0143385

Business License#: NV19771005413

Time Period 45yrs How Long in Business: 45yrs (if applicable)

LIABILITY

Nevada State Contractors License#: 0084910

Contracting Limits: Unlimited

Insurance Carrier: Travelers Property Casualty Company of America Policy No:VTC2JCO9325B35ATILI 8(Attach Proof of Insurance)

Have you ever filed for Chapter 11 or Chapter 13 in the last 5 years? If yes, give details

No.

Have you had any liens or judgments, pending or complete in the last 2 years? If yes, explain.

No.

REFERENCES

Name:Floyd’sConstructipn Phone: 775-727-5606

Name:CalTrans Phone: 760-852-4352

Name:Death Valley Park ServIce Phone: 760-786-3264

14

CONTRACTOR QUALIFICATION

En.1l Date 2/2112019

CONTRACTOR INFORMATION

Company Name: Wulfenstein Construction Co., Inc.

PERFORMANCE

Liquidation Damages and/or Disputes

List all projects in the last 2 years where liquidation damages were or may be assessed, where the substantialdisputes or protests occurred, or are currently occurring. Explain in detail.

NIA

Have you ever failed to complete any work awarded to you? If yes, explain where and why.

No

Have you ever defaulted or been terminated on a contract? If yes, explain where and why.

No

EXPERIENCE

If you anticipate subcontracting work, under what conditions would subcontractors be used?

Surveying, testing

List subcontractors normally used

Nelson Surveying, LLC, Mestluite Materials Testing, LLC

15

Background and experience oF the principal members of your organization who would be involved in contract workfor Nye County.

Name

Cticisgan Spross

Title

President 25

LoaDel Fliher Office Manager 26

Bryan W&fenst&n PmecL Manner 14

?xperience (years)

16

9. BIDDER’S BOND

KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF NYE

That we, sIfensteln Conskuctlon Co.. Inc., as PRINCIPAL, and The OFo Casualty Insurance Ccrrcany ,asSURETY, are held and (Trmly bound unto the County of Nye. hereInafter called the County, In the penal sum of TENPERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by saidPrincipal to the County of Nys for the work described below, for the payment of which sum in lawful money of theUnited States, well arid truly to be made, we bind ourselves, our heirs, executors, admInistrators and successors,Jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sumof STen Perceni (IO% of the total amount of the b4d.

Tonopab, Nevada on February 26th 20.11. for Kellogg Park Improvements Phase I:

Clearing-Grubbing and Grading.

Grading and Site Preparation Only - Contract No. 2019-01 PWP #NY-20-18-14

(Copy here the exact description of work, Including location, as it appears on the proposal)

NOW, THEREFORE, if the aforesaid Principal Is awarded the contract and, within the Lime and mannerrequired under the specifications, after the prescribed forms are presented to him for signature, enters into a writtencontract, in the prescribed form, in accordance with the bid, and files the two bonds with the Department, one toguarantee faithful performance and the other to guarantee payment for labor and materials, as required by law,then this obflgation shall be null and void; otherwise, it shall be and remain in full force and virtue.

In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall payall costs incurred by the Obligee in such suit, including a reasonable attorney’s fee to be fixed by the court.

Wulfensteirrn Cenc.at’rlnclpai

(SEAL)

(SEAL)

(SEAL)

The Ohio Casualty lnsuran Crnny (SEAL)

Dian4VJarzen I Attorney-in -Fact

‘Vz%Z(SEAL)

(SEAL)

NOTE: Signatures of those executing for the Surety must be properly acknowledged.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 2Rth day ofFebruary , 20jj.

/ - /uref

17

Thu Powerof Attorney limits the arIa oitiiose named herein, and they hare no authority tobind the Company except in the manner and to the extant herein slated,

Liberty Liberty Mutual Insurance Company

lVLutuaI The Ohio Casualty insurance Company CertflcaleMo: 6196545West American Insurance Company

SURETY

POWER OF ATTORNEYKNOWN ALL PERSONS BY THESE PRESENTS: That The Ohb Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshke, thatLiberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican insurance company isa corporation duly organizedunder the laws of the State of Indiana (herein collectively called the ‘Cosnpanles9. pursuant to and by authority herein set forth, does hereby name, constitute and appotht

____________

Diane fri. Jarzen, Gary K. Pruter, Russell Swain

all of the city of Las Vegas state of NV each thd&iduaifr If there be more than one named, its tue and Iaw&l attuney4n-lact toni3e,execute, seal, acknowsedge and deliner. for and on its bahaf as surety and as Its act and deed, any and all undertakings, bonds, recogntzbices and other surety obiigatkrns, in pursuanceof these presents and sliM be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies In their own properpersons.

IN WfTNESS WHEREOF, this Power of Attorney has been subscuibed by an authorized officer or official of the Comparties and the caponate seals of the Companies have been affixedthereto thIs 4th day of October 2018

ljberty Mutual insurance Company —

%NSLI cY lNg0 The OhIo casualty Insurance Company9I$$% West Asne&an Insurance Gomry

____I

David M. Carey, Asststant Seaetary 2State ol PENNSYLVAWA>Countyof MONTGOMERYCCi On this 4th day of October • 2018 before me petsonalfy appeared Dad Nt Carey. who acknow*iged himseff to be the Assistant Secretary of Liberty Mutual insurance 0

. Coq,any, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute Die loregoing insburnent for the purposes> therein contained by signing on behatt of ho Corporations by himself as a duly authorized officer. u.a

IN WITNESS WHEREOF. I have hereunto subscribed my name and affixed my notadal seal at King of Prussia, Pervrsyyvania, on the day and year first above written.

0)aON*%’• COMMOWWEAITh OF PeNHSYUEANA

OF TnaPnowyP t lttf/f,u -itEs tç.rMTi.,L¾rugncotn’y By: ,Wt’a AkCaraE’Ma24,2Q2I YeresaPastelta,NotaryPubtc‘k% ,ØP Ur. P,fleA&icdem,&N&flt

Wa)-This Power of Attorney is made and executed pursuant to and by authority of the following Bylaws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutualo.c Insurance Company, and West American Insurance Cempany wtiidi resolutions are now In futi forte and oIled reading as folows: ‘S

aS ARTICLE IV — OFFICERS: Section ¶2. Power ol Attorney..9 My officer or other oftidaf of the Corporation authorized for that purpose In writing by the Chainnan or the President and subject to such imdadon as the Chairman or thet> Presidenl may prescuibe, stnat apont such attcmeys4n4acl, as may be necessary Ia act Li behalf of the Corporattn to make, e’e&te, seat, acicnowtedge and de!er as surety 0any and atl undertakings, bonds, reccgnizaras and other surety obabons, Such attorneys-in-fact, sublect to the Iinthns set forth in their respective powers 01 attn*y, sInaIhave fuN power to bind the Corporation by their signature and execution of any such InsU’umen and to attach thereto the seal of the Corporation. Mien so execuled, such —Instruments shalt be as biding as if signed by the President and attested to by the Secmtary. Any power or authority granled to any representative or attorney-tn-fact under theprovisions of this article nay be revoked at anytime by the Board, the Chalnnan, the President or by the officer or officers granting such power or authority. gARTICLE Xiii — Execution of Contracts: Section 5. Surety 8onds and Undertakings.

Any officer of the Company authorized Iorthal purpose In wifling by the chairman or the president. and sub)ect to sudu tintabcns as the d,ainaa, or the president nay prtsate.shal appoint such attornepfrt-fact as may be necessary to act in behalf of the Company to make, execute, seat aclcraov.ledge and dettver as surely any and all undertakings,bonds, recognizances and cther surety obligations Such attorneys-hi-fact subject lathe titadons set forth in their respective prs of attorney, shaD have ful power to bind theCompany try their signature and exooution of any such instuments and to attach thereto the seat of the Company. Wteo so executed such nsbument shaS be as bln&.g as itsigned by the presidenl and attested by the secretary

Certificate of Designation — The President of the Company. acting pursuant to the Bylaws of the Company, authorizes David M, Carey, Assistant Secretaxy to appoint such attorneys-In-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and delarer as surety any and alt undertakings, bonds, recognizances and other suretyobligations

AuthorizatIon - By unanimous cousent of the Company’s Board &Drectms. the Company consents that fass mi!e or m&iardcaty reproduced signature of any assIst secretary olDieCompany, wherever appearing upon a certified copy of any power of attorney Issued by the Company in connection wth surety bonds, shalt be vaPd and binding upon the Company withthe same force and eltect as though manually affixedI, Renee C. Liewetyn, the undersigned, Assistant Secretary, The Ohio Casualty insurance Company, Liberty Mutual Insurance Conany, and West American Insurance Company dohereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Altorney executed by said Companies, Is in lul force and effect andhas not been revoked.

IN TESTIMONY WHEREOF. I have hereunto set myl’ard and affixed the seals of said Companies th’74ftday of /1%6’tesua. )-ôJINter ( tW30

€:°,) By:

______________________

LMS-12873 LMIC OCICWA’C IAr caoc2ola

ACKNOWLEDGMENT OF SURETY

STATE OF NEVADAD) ss.

COUNTY OF CLARK)

On this 26th day of February, 2019 A.D.

Diana M. Jarzen, personally appeared before me, a Notary Public, DeborahK. Alisero, known to me to be the Attorney-in-Fact of the corporation thatexecuted the foregoing instrument and, upon oath, did depose that he/she isthe officer of said corporation as above-designated; that she is acquaintedwith the seal of said corporation and that the seal affixed to said instrumentwere made by officers of said corporation as indicated after said signatures;and that the said corporation executed the said instrument freely andvoluntarily and for the uses and purposes therein mentioned.

DEORAN K AUSEROw tà1• NoUwy Put& sand N.n&

Açpoitnwnt Na 02434744I-’ MyAppt Cxpfls Feb. 14, 2022

aiJ2.-J- K,Ct-CtNOTARY PUBLIC

ACORDCERTIFICATE OF LIABILITY INSURANCE

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON ThE CERTiFICATE HOLDER. ThISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. This CERTiFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUThORIZEDREPRESENTATiVE OR PRODUCER. AND ThE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder Is an ADDmQNAL INSURED, the pollcy(les) must have ADDITiONAL INSURED provisions or be endorsed.if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not conler rlnhts to the certificate holder In lieu of such endorsement(s).

PROOIJCER Yvonne GalvanI FAXdEC insurance Services Lid PHONE 600-221-5830 I p.ic.ii. 8003834852License #01(19767 Ifl.Esth

32 Old Slip ê€ss yvonne.oalvan@cjvstal00.00.nNew Yock NY 10005 ISURER(SIAFFOROINO COVERAGE NAGS

IISInR *:Traveless Pmp Casualty Co at Amedca I 25674‘wsu PAVEPE

flIJMII B:Wuifenstein Construction Co., Inc.P.O.Box38 wIsuac:Palirump, NV 89041 mI1flRD:

I43UR E:

INSURER F:

COVERAGES CERTiFiCATE NUMBER: 122711353 REViSION NUMBER:THIS IS TO CERTIFY THAT THE POLICIES Of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO ThE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED, NOTWITHSTANDING ANY REQuIREMENT, TERM OR coNorrioN OF ANY CONTRACT OR OTHER DOCUMENT wrrH RESPECT TO WHICH THISCERTiFICATE MAY SE ISSUED OR MAY PERTAIN ThE INSURANCE AFFORDED BY ThE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND C0NDmONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

Ab5UIWc pouctiff poucyij — mE orINsURANCE NAn ‘--— Policy NUMBER I MMIDOrWYYfl tIUAtOfl’YYYiJ LIMITSA )( CDMNERCIALOEIIERALUASILIW VTC2JCOO32SB35ATILI8 10/1/2018 10/112019 I EACHOCCLIMRENCS $2,000,000

DAMAGE TO RENTEDZ] CLJMS4tA8E OCCUR F PRENE9 it. occtn 5 300.000

— 11OOO.—.-—— PERSONAL&ALVI9WMY 12.000.000

OEm AGGREGATE (liar APPLIES PER. OEIERAL AGGREGATE $4,000,000POLICY [II PRO- j

lEa . -.- LOC PROCUCTS - COMPOP AGO $4,000,000

— $

A AtITOIOaREL1AetsTY VrC2JCAPO325B36ITILI8 101112018 10)1/2019 COMeINEbSINGt.EuL4rtIce

X AMY AUTO BOO4LY INJURY (Pef p.’.onl I“ OMIED Ifl SCHEDULED

BVOILYIMJ1JRYCPCrICTId.nh) $, AUTOS ONLY L.....J AutosHIRED I I NON’OWNEO PROPERTY DAMAGE $AUTOSONLY [] AUTOS ONLY IPer.r)

X Phy.IcUDrn X ICnpdCcuoe —— $

A X UMBRELL.ALIAS [,J occup VTSMJCUPO325B373TILIB 101112016 10/112018 cscu0cCURncc $3,000,000EXCESS LIAB I CLNMS,WEE AGGREGATE $3,000,000DEl) I IRETENTIONI

A WORJCERSCOMPENSATION— liB9KI685QA1825K 10/112018 io,rnoio x I PER I I 0TH.

IS’TATISlEI IAND EMPLOYERS’ LIABIlITY YINANYPROPRIETORAARTNEWtXECUTIVE ‘j9 EL. EAQI ACCIDENT 1 7.000,000ofFcEaSeeER EXCUJDW? j,,,J N IA(M.ndflqln MI) EL OSSSASA.EAEILOYU 11,000.000I in. dno imdatVESt RPTTON Of OPERATIONS below — — EL. DISEASE - POLICY (MET SI .000.000

Dflcfl0N OF OPEMnOIIS I LOCATIONS 1V810.E5 (AGGD teI,AadNkngR.n’.ns Iclrndul. n.y be .Iach.d It room .p.c. Is rsqulnd)EVIDENCE OF COVERAGE.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOREThE EXPIRATION DATE ThEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITh ThE POLICY PROViSIONS.

Evidence of CoverageAUTHOR2EVREPRLSENTATTVE

as c. a4

DATE IMMJOONYY’fl

12)2112018

1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25(2018103) The ACORD name and logo are regIstered marks of ACORD

sCTtl OF STATE

NEVADA STATE BUSINESS LICENSEWULFENSTEIN CONSTRUCTION CO., INC.

Nevada Business Identification If NV19771005413

Expiration Date: August 31, 2019

In accordance with Title 7 of Nevada Revised Statutes, pursuant to proper application duly filedand payment of appropriate prescribed fees, the above named is hereby granted a Nevada StateBusiness License for business activities conducted within the State of Nevada.

Vahd until the expiration date listed unless suspended, revoked or cancelled in accordance withlhe provisions in Nevada Revised Statutes. License is not transferable and is not in lieu of anylocal business license, permit or registration.

at my office on August 20, 2013

s16r&Barbara K. Cegavske

Secretary of State

You may verify this license at www.nvsos.gov under the Nevada Business Search.

License must be cancelled on or before Its expiration date if business activity ceases.Failure to do so will result in late fees or penalties which by law cannot be waived.

:1 0

IN WITNESS WHEREOF, I have hereuntoset my hand and affixed the Great Seal of State,

Town of Pahrump2100 E Walt Williams Or, Ste 100

Pabrump, NV 89048

Business LiàenséNumber,. U. .

-

WI2OCC

Tfis $usiness License is issued to satis& the provisions of Pahrump Town Ordinance #35 for operating at theaddressdesgnated below.

• Wulfenstein Construction1111S Hwy 160Pahrump,NV89048 Expires:

Started June22, 1994•. June 22, 2019

THIS LICENSE MUST RE POSTED IN A PROMINENT PLACE AT THE PHYSICAL LOCATION OF BUSINESS.

‘I 5974

Northern Nevada QUiteSouthern Nevada Ornce2310 Corporate Circle, Suite 200Henderson, Nevada 89074(702)486-1100 STATE CONTRACTORS BOARD

5390 Kieke Lane, Suite 102Reno, Nevada 89511

(775) 688-1141

The Nevada State Contractors Board certifies that

WULFENSTEIN CONSTRUCTION CO INCLicensed since December 24, 2016

License No.0034910

Is duly licensed as a contractor in the following classification(s):PRINCIPALS:

CH1ISTIAN SPROSS. President, QISTEPHEN CONCANNON, SecretaryNATHAN BEYLER, Treasurer

A General Engineering

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RECEiVED iUt V t

Carson City Offices:

Public Works Section515 E. Musser Street, Suite 102Carson City, Nevada 89701-4263(775) 684-4141 • Fax (775) 684-4142

Buildings & Grounds Section(775) 684—iSCU • Fax (775) 684-1317

June 4, 2018

Wulfenstein Construction Co., Inc.Atm: Mr. Steven WulfensteinP.O. Box 38Pahru.mp, NV 89041

BE: Qualification results

Dear Mr. Wulfenstein:

Las Vegas Officas:

Public Works Section2300 McLeod StreetLas Vegas, Nevada 89104-4134(702) 486-5115’ Fax (702) 486-5094

Buildings & Gmunds Section(702) 488-4300 • Fax (702) 486-4308

On June 4, 2018 the State Public Works Board qualified Wulfenstein Construction Co., Inc. to bidpublic works consncdon projects up to $7,500,000 using the State of Nevada license number 14771license classification A7 — Excavating & Grading; All — Recycling Asphalt; AU — Excavating,Grading, Trenching & Surfacing; AU — Wrecking Buildings; AIS — Sewers, Drains & Pipes; A16 —

Paving of Streets, Driveways & Parking Lots; A19 — Pipeline and Conduits.

This qualification to bid is valid through June 4, 2020. The results of the Qualification will be posted onour web site www.publicworks.nv.gov the “bid” drop down menu at the top of the home page / List ofQualified bidders.

Please contact this office at (775) 6844141, if you should have any questions.

Sincerely,

Bruce NippDeputy Administrator,

BN/k-p

Professional SeMces

Brian SandovalGovernor

STATE OF NEVADADEPARTMENT OF ADMINISTRATION

Patrick CalesDirector

Ward D. Patrick, P.E.Admlnlstretor

PUBLIC WORKS DIVISION

cc: Se

8. CONTRACTOR QUALIFICATION

CONTRACTOR QUALIFICATION

Eil Submitted by: Melissa Eaton Date: 02127/2019

CONTRACTOR INFORMATION

Company Name: Mesguite Materials Testing, LLC

Address: 752 W. Pioneer Blvd.

City: Mesquite Stale: NV Zip Code: R9fl27

Telephone: 702-346-2050 FAX: 702-345-3133

VendorTerms: Net 30

Federal Tax ID#: 86-1048507

Business License#: NV20011129642

Time Period Years How Long in Business: 18 (if applicable)

LIABILITY

Nevada Slate Contractors License#: N/A

Contracting Limits; N/A

Insurance Carrier; RU Insurance Company Policy No: P530005141(Attach Proof of Insurance)

Have you ever filed for Chapter 11 or Chapter 13 In the last 5 years? if yes, give details.

No

Have you had any liens or judgments, pending or complete! in the last 2 years? If yes, explain.

No

REFERENCES

Name: Scott Bulloch Phone: 702-378-8309

Name: Rick Anderson Phone: 702-348-1174

Name: RalDh Eaton Phone: 702-219-8405

14

CONTRACTOR QUALIFICATION

ELtI Date 02127/2019

CONTRACTOR INFORMATION

Company Name: Mesquite Materials Testing, LLC

PERFORMANCE

Liquidation Damages and/or Disputes

List all projects in the last 2 years where liquidation damages were or may be assessed, where the substantialdisputes or protests occurred, or are currently occurring Explain in detail.

None

Have you ever railed to complete any work awarded to you? If yes) explain where and why

No

Have you ever defaulted or been terminated on a contract? If yes, explain where and why.

Ni,

EXPERIENCE

If you anticipate subcontracting work, under what conditions would subcontractors be used?

None

List subcontractors normally used.

15

Background and experience of the principal members of your organization who would be involved In contract workfor Nye County.

Name Title Experience (years)

Travis 0. Eaton Member

flrep L Rillneh Professional Engineer 31

16

MMTSL-1 OP ID: MLACORO

CERTIFICATE OF LIABILITY INSURANCE

THIS CERTiFiCATE IS ISSUED AS A MATTER OF INFORMATiON ONLY AND CONFERS NO RIGHTS UPON TIlE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY ØMEND, EXTEND OR ALTER ThE COVERAGE AFFORDED BY THE POLICIESBELOW. ThIS CERTiFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN ThE ISSUING INSURER(S), AUTHORIZEDREPRESENTATiVE OR PRODUCER. AND ThE CERTIFICATE ROWER.

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poIlcyIes) must have ADDITIONAL INSURED provisions or he endorsed.If 5UGROGATION IS WAIVED, subject leVi. terms and conditions of the policy, certain policies may require en endorsement A stalement or,this certificate does not confer rI9hi$ to the certificate holder I lieu at such endorsement(s).

FRODUCU 702-798-3700 CT Mayensl ChavezAssurance, Ltd. P101! I FAX57405. Anflhe Ste 204 lIe 702-7983700 I (NVJItILa. Vegas, NV 89118 5I: UChavnAssurancet..td.comLynn E. Cmnpbeil

Pit RSRISI AIFOAD*1o COVSRAGE NNC#

I4SURERA: Insurance Company 13055INsuRn,MMTLLC IISURERS:Mesquite Materials Testing LLC

752 West Pioneer Blvd. RISURER C:Mesquite, NV 89021 uSURER 0:

PiSURIR S

ISURER F:

COVERAGES CERTIFICATE NUMBER: REViSION NUMBER:THiS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWJTHSTNCRJG ANY REOLI1REMENT, TERM OR COPCITION OF flAY CONTRACT OR OTHER DOCUMENT WftH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE IN5URANCE AFFORDED BY THE POLICIES DESCRED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY KAVE SEEN REDUCED BY PAID CLAIMS.

I flPC OF *ISURM4CE F POLY n 1ID wn: POliCY 14111 lEA

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.OLN1. AGGREGATE LIMIT APPLIES PE GENERAl. AGGREGATE S 2,000,000POLICY [] bC PR0000TS.CSFCP AGO S

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I BOOtYIfrLlURYo€WI £ANY AIJTO P550005141 02101/2019 02101/2020

£OWNEO [ SCHEDULEDAUTOS ONLY I AUTOS

! ONLY

AIU.gRtL1AL1Aa X] OCCUR £ACHOCCENCE 1,000,000

j EXCESS ILlS fl CI,A*LS-WDE SEM02279 0210I12019 02101/2020AnI3REGATh 1,000,000

[1DO I wwmon 0A WOAlEM COIWENSAT)ON I I J -11,0 EMPtOY!kS’ LI*SLITY I STATUTE I

El i P5W0002975 02/01/2019 02/01/2020ANY RCTOVAKSWRmCIJTTVE EL. £101 ACCIXNT $ 1000G*0111*1pg1CE04 EXCLUDED?

. cx€.€ - cee..oy 1,000,001Vt,. detail. uMt IDES AIPq1CFOPERATIOl,Sb.1o,, EL wAsE-PC*iCYt5iT 1.000•000

DESCRWI1OM OF OPERATIONS ILOCAI1ONS IVEHICISS (ACOAD lIlAddldonel Rtqn,*s IchdiIa. ,nqb. clinked If mc,. sac II squired)

Re: Evidence of Insurance.

Coverage afforded the additional insureds as required bywsitten contractsubject to policy terms, condItions and exclusions.

CERTIFICATE HOLDER CANCELLATION

SHOULD MAY OF ThE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOREThE EXPUATION DATE ThEREOF. NOTICE VWtL BE DELIVERED INACCORDANCE WTTH THE POLICY PRO’dISIONS.

Wulfenstein ConstructionCompany Inc.P.O. Box 38

AUThOR2!0 REPRESENTAT1VE

Pahrump, NV 89041 0j?,’-n- 4 de.,yL.tC

0511 (MISODWYYYS

01/3112019

ACORD 25(2016103) @19584015 ACORD CORPORATION. All rights reserved.The ACORD name and logo are regIstered menu of ACORD

CONTRACTOR QUALIFICATION

Part I

CONTRACTOR INFORMATION

Company Name: Nelson Surveying, LLC

Address: 2383 Gateway Road

City: Las Vegas State:Nevada Zip Code: 89115

Telephone: 702-595-9418 FAX: 702-452-3633

Vendor Payment Terms: Net 30

Federal Tax ID# 71-1018608

Business License # N3212SL

Time Period How Long in Business 42 years (if applicable)

LIABILITY

Nevada State Contractors License#: PLS 15176

Contracting Limits: $1,000,000_________

Insurance Carrier: Dixie Leavitt Agency Policy No:BK0577 19940

(Attach Roof of Insurance)

REFERENCES

Name: Wulfenstein Construction Phone:

Name: Floyd Construction Phone:

Name: Double M Construction Phone:

CONTRACTOR QUALIFICATION

Part II Date: 6 March 2019

CONTRACTOR INFORMATION

Company Name: Nelson Surveying, LLC

PERFORMANCE

Liquidation Damages and/or Disputes

List all projects in the last 2 years where liquidation damages were or may be assessed, where thesubstantial disputes or protests occurred, or are currently occurring. Explain in detail.

None

Have you ever failed to complete any work awarded to you? If yes, explain where and why.

None

Have you ever defaulted or been terminated on a contract? If yes, explain where and why.

None

EXPERIENCE

If you anticipate subcontracting work, under what conditions would subcontractors be used?

None

List subcontractors normally used.

None

Background and experience of the principal members of your organization who would be involvedin contract work for Nye County.

Name Title Experience (Years)

Boyd Nelson, PLS Managing Member 30 years

Chase Smith Party Chief 12 years

CONTRACTOR QUALIFICATION

Part II Date: 30 July2018

CONTRACTOR INFORMATION

CompanyName:NeIsonSurveying, LLC

COMPLIANCE

Have any charges been filed against you or your firm with the Equal OpportunityCommission or any similarly constituted entity charged by any state or local governmentwith the enforcement of anti-discrimination legislation or regulations? If yes, explain indetail.

Have you had any violations/fines for environmental non-compliance? If yes, givedetails.

None

Have you had any violations/fines for OSHA non-compliance? If yes, give details.

None

—TheACORn CERTIFICATE OF LIABILITY INSURANCE- This CER11FOCATE IS ISSUED AS A MATTER OF INFORMATiON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS

CERTIFICATE DOES NOT AFFiRMATiVELY OR NEGAT1VELYAMEND. EXTEND ORALTER THE COVERAGE AFFORDED BY ThE POliCIESBELOw. This CERTIFiCATE OF INSURANCE DOES NOT CONS1TTU1E A cONTRACT BETWEEN ThE ISSUING INSURER(S). AUThORIZEDREPRESENTATIVE OR PRODUCER1 AND THE CER11FICATE HOLDER.IMPORTANT: If the certificate holder is an ADDfflONAL INSURED, the peiicy(ios) must be endorsed. WSUBROGATION IS WAIVED. subject tothe torn,, end conditions of the policy, certain polldes may require en endorsement A statement on this certificate does not cantor rights to thecertificate holder in lieu of such endorsement(s).

PR0000!R J.znifax ObeyerDixie Loavitt Aqency

‘LEII,. L435)5869463 l,Ne) C413)311’-O’8’

115 North Main Street jennifezgliiy.reieavitt.cP0 Box 1744 5&4S) FT0I4O COVSRAOE NAZICedar City 07 84720 iNsaesRALtharty )tatual Insurance 23043

INSWIaRB:Hain Street hariea Group 029939Nelson Surveying. ILC, DBR: Boyd £ Mary Ellen Nelson, Ric C: Ecboyars Preferred Insurance Cany 103464161 Alto Ave inswazno:Westchestar Fir. Ineuranea Cany 10030

ffi5URnE

Las Vegas MV 89115COVERAGES CERTiFICATE NUMBER:19-20 Bra, Z&o/1O-19 BA REVISION NUMBER:

THIS IS TO CERTIFY THATTHE PO4JCIES Of INSURANCE LISTED BElOW HAVE BEEN ISSUED TO ThE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NO1WTT}ISThS4D1NG ANY REOUIREL1ENT. TERM OR CONDITION OF kN CONIRWT OR OThER DOCUMENT WITh RESPECT TO WICH THISCERT1nCATE MAY BE ISSUED OR MAY PERTAIN. ThE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREiN IS SU&ECT TO ALL THE TERMS.S(CLUSIONS AND CONOONS OF SUCH PCUCJES LIMITS SNOWN MAY HAVE BEEN REIJUCED DY PAID CLAJM&

illiR uw poucy cw— TVfl 0€ ONSURMCE -— --— POtCY tam’ &maIrrY, jmQpo,rn, LIfTS

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paicy .oc pnccucn . r,iop 2,000 • 000

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— uuas OCCuR EAD4 OCO.DSCE $fli U.S I CtAIMSWDE AGG1GATE $

1RETENT1DN$ —— $WORKERS MPEWSAIION I — I IAJWENPLOIERrURHLITY YIN

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C pnnd.loqrNFq 51C1Q2110211 1/1/2019 1/1/2020 ELOISEASE.EAEMPLCYE $ 1.000.000W vu. tact. underDISCRIPTOICFOPERC)0H5WV. — — ELSLASE-PJCflfliT S 1.000,000

D Exr,rs and iaions VI131437aA2 1/1/2019 1/1/2030 L1I’ 2,000,000

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OESCRIfl1CI OF 0PERATN5 I LOCATIONS I VS4CLES (ACORO It’, Mddni R..a,b Scbflb, gay — odiad I mec epa. b rndrtdI

CERTIFICATE HOLDER CANCEU.ATTOH

SNOIILD ANY OF THE ABOVE DESCRIBED POLICIBS SE CANCELLED BEFORENelson Surveying THE EXPIRATiON DATE THEREOF, NOTICE WILL BE DWVERED Nt4161 Alto Ave ACCORDANCE WITH THE POliCY PROIflIONS.

Las Vegas, NV 89115

I K Wheelwright/KIWHEE 14Jc.tWhIi&WtA9tk

@1983-2014 ACORD CORPORATiON. All flghts reserved.The ACORD name and logo are registered marks of ACORD

OATS (uacOn’vYY3

1/7/2019

ACORD 25 (2014101)iNSGlZ iso,

BID NO. 2019-0 1

LABOR COMMISSION PWP-NY-2018-14

CONTRACT

BETWEEN

THE TOWN OF PAHRUMP

AND

Wulfenstein Construction

Nevada Contractor’s License #0014771

P0 BOX 38Address

PAHRUMP, NV 89041City, State, Zip775-727-5900

Telephone Number

This Contract, entered into this 2 day of April. 2019, by and between TIlE TOVN OF PAHRUMP,hereinafter referred to as “County”, and Wulfenstein Construction of Pahrump. County of NYE, State ofNevada. hereinafter referred to as “Contractor.”

WITNESSETH:

That the County and the Contractor, for the consideration hereinafter set forth. agree as follows:

Contractor shall furnish all material and perform all work in a professional manner as set forth inthe Contract Documents for Bid No. 2019-01, Labor Commission PWP-NY-20 18-14

Contractor further agrees to perform all extra work necessary in connection therewith and underthe terms as stated in said Contract Documents; and at his (its or their) own proper cost and expense, tofurnish all the bonds, materials, supplies, machinery, equipment, tools, superintendence, labor, insuranceand other accessories and services necessary to cornplctc the project in accordance with the terms andconditions and prices stated in said Contract Documents,

A. SCOPE OF WORK

Contractor shall furnish all material and perform all work in a professional manner as set forth inthe Contract Documents for Bid No. 2019-01 Labor Commission PWP-NY-2018-14.

2019-01 Kellogg Park Phase! — Clearing-Gn,bbing and GnidingApi-il 2,2019

Contractor further agrees to perfonn all extra work necessary in connection therewith and underthe terms as stated in said Contract Documents: and at his (its or their) own proper cost and expense. tofurnish all the bonds, materials, supplies. machinery, equipment, tools. superintendence, labor, insuranceand other accessories and services necessary to complete the project in accordance with the terms andconditions and prices stated in snid Contract Documents.

B. NOTICE TO PROCEED, TIME OF COMPLETION, TERMINATION ANDMODIFICATION, LIQUIDATED DAMAGES

The Contractor shall not commence work, nor incur any expense therewith, before it is notified toproceed with the work. The work to be performed under this Contract shall commence within ten (10)working days of the commencement date set forth in the Notice to Proceed unless otherwise extended bywritten authorization by the Buildings and Grounds Manager.

The following performance periods shall apply:

1. All work, including any or all options and alternatives identified in Article K, shall besubstantially completed not later than 60 calendar days from Notice to Proceed date. Timeis of the essence.

In detenuining substantial completion and/or final acceptance, the parties agree that theCounty’s Director of Public Works shall be guided by principles of fairness and the effortsof the Contractor to comply with designated performance periods.

2. TERMINATION

CAUSE. The contract maybe tenninated for cause by the Board of Commissioners, uponthe recommendation of the Director. Cause shall include, but is not limited to, the following:testing requirements not met, or failure to comply with any contract requirement.

Upon detennination of cause by’ the Director, written notice shall be given the Contractorof the specific cause. Upon receipt of written notice, and if the notice so directs, the Contractorshall cease ‘ork and meet with the Director or his representative to determine corrective action.Corrective action will be agreed to in writing, and signed by both parties. In the event that noagreement is reached within ten (10) working days of notice, the Director may recommend thetermination to the Board of Commissioners. The Board of Commissions’ decision shall be final.

WITHOUT CAUSE. County shall have the right, at any time to tenninate the Contract,without cause, with thirty (30) calendar days written notice.

Upon termination of this Contract, other than for Cause, County shall pay Contractor forthat part of the product supplied and services perfonned satisfactorily to the date of suchtennination at the rates set forth in this Contract and all applicable documents which, by reference,are made a pail hereto.

220l9-0I Kellogg Park Phase I — Clearing-Grubbing and GoidingApril 2,2019

3. LIQUIDATED DAMAGES

Should the work not be complete within the specified tune for completion. the Contractorwill be liable for liquidated damages, payable to County in the amount of Five Hundred Dollars ($500.00)for each working day beyond the deadline taken for completion, as provided herein. All rights andremedies of the County are cumulative and not exclusive of any other rights or remedies that may beavailable to County, whether provided by law, equity, statute, or otherwise. However, the liquidateddamages provision set forth herein is County’s exclusive remedy for Contractor’s breach as specificallydefined in Section B. I. County may elect to withhold the liquidated damages from aiiy payment toContractor.

4. MODIFICATION/CHANGE ORDER

This Contract may not he modified, amended, supplemented, or extended except by writtendocument executed by the Contractor and Nyc County Board of Commissioners.

C. THE CONTRACT SUM

The County shall pay Contractor $549,585.82, as full compensation for ftirnishing all materialsand labor and doing all the work in strict accordance with relevant plans and specifications and to thesatisfaction of the County, amounts as set forth in this Contract. The Contract sum total is to be paidbased upon actual accepted quantities multiplied by the unit prices as specified in the Bid. unlessotherwise stated in the drawings or specifications.

D. PROGRESS PAYMENTS

The County shall make progress payments as follows: Partial payments will be made once eachmonth, based upon progress estimates made by the Contractor and satisfactory to the County. Theprogress estimates shall be based upon materials on the job site and invoiced, or upon material in placeand all labor expended thereon. The County shall make said progress payment upon receipt, review andrecommendation of the Director of Public Works, Ten percent (10%) of the amount ascertained will bededucted and retaincd by the County until after the completion of the entire Contract in an acceptablemanner. After fiffy percent (50%) of the work has been completed in an acceptable manner, the Countymay, at its discretion, reduce the amount retained to no less than five percent (5%) of the value of thecompleted work.

No monies payable under this Contract may be assigned by Contractor except upon prior writtenconsent of the County.

F. ACCEPTANCE AND FINAL PAYMENT

As soon as practical following completion of the work. the Contractor shall make a written requestto the County for final inspection and acceptance of the work. li in the County’s sole discretion, allprovisions of the specifications and Contract have been satisfied, the County will cause a Notice ofCompletion to be filed with the County Recorder.

32019-01 Kellogg Park Phase I — Clearing-Grubbing and GradingApril 2.2019

Afier forty (40) calendar days, immediately following the filing of the Notice of Completion, theremaining balance shall be paid, providing that:

1. Contractor has submitted evidence satisfactory to the County that all payrolls, bills formaterial, interest or retention and all other indebtedness connected with the work havebeen paid;

2. Contractor has submitted evidence satisfactory to the County that all subcontractors, if any,have been paid; and

3. No claims, liens or outstanding debts have been filed against the work.

In the event that claims, liens or outstanding debts are filed against the work, the County shallcontinue to hold the retainage until such time as the c]ailns, liens or outstanding debts are resolved.

F. STATUS AS FNDEPENDENT CONTRACTOR

Contractor is an independent contractor and not an employee, servant, agent or representative ofCounty. Contractor shall provide product in accordance with this Contract and all applicable documents,and any subsequent written agreements defining the nature and scope of the Services. As an independentcontractor, Contractor shall not participate in the employee benefits available to County’s employees.

Neither compliance or non-compliance by Contractor and Contractor’s employees, agents, andrepresentatives with the terms and provisions ofthis Contract shall affect Contractor’s status as anindependent contractor or relieve Contractor of any- of Contractor’s duties, liabilities, or obligations underthis Contract.

0. FAIR EMPLOYMENT PRACTICES

In connection with the performance of work under this Contract, Contractor agrees not todiscriminate against any employee or applicant for employment because of race, creed. color, nationalorigin, sex or age. Such agreement shall include, but not be limited to, the following: employment,upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship.

Contractor further agrees to insert this provision in all subcontracts hereunder. except subcontractsfor standard commercial supplies or raw materials.

Any violation of such provision by Contractor shall constitute a material breach of Contract.

H. PREVAILING WAGE

I. Labor Law Requirements. The Contractor must strictly comply with all applicableprovisions of the Nevada State Labor Laws, including, but not limited to, Title 28, Chapter338 of Nevada Revised Statutes, as amended, and with applicable labor laws andregulations of the Federal Government.

2. Prevailing Rate of Wages. The wages to be paid for a legal day’s work to laborers,workmen or mechanics employed upon the work specified in this Contract or upon any

42019-01 Kellogg Park Phase I — Clearing-Onibbing and GtadingApril 2,2019

materials to be used therein shall not be less than the hourly minimum rate of wage asfixed by the Nevada State Labor Commissioner, which schedule of wage rates is annexedhereto and hereby made a part of this Contract. Pursuant to NRS 338.060, the Contractorshall forfeit, as a penalty to the County of Nye, the sum of $50.00 for each workmanemployed for each calendar day or portion thereof that such workman is paid less than thedesignated rate for any work done under the Contract, by the Contractor or anysubcontractor under the Contractor.

Contractor shall submit a copy of Certified Payroll Reports to Nevada State LaborCommissioner and Nyc County Public Works no later than one (1) week after the end ofeach month.

3. Hours of Work. No laborer. workman or mechanic in the employ of the Contractor.subcontractor or other person doing or contracting to do the whole or a part of the workcontemplated by’ this Contract shall be permitted or rcquired to work more than eight (8)hours in any one calendar day, and not more than fifty-six (56) hours in any one week,except in cases of emergency where life or property is in imminent danger. In suchcinergency cases, the person required to work over eight hours per day or fifty-six hoursper week shall be paid at least regular wages for all overtime.

This Contract may bc terminated at the election of the County for any failure or refusal onthe part of the Contractor or any subcontractor faithfully to perform the Contract accordingto the tenus as to wages and hours as herein provided.

NOTE: NRS 338.080(3) exempts any conTract for a public work whose total cost is less than$250,000 from prevailing wage requirements.

I. INSURANCE

The Contractor shall not commence work under this Contract until he has obtained all theinsurance required under this paragraph and such insurance has been approved by the County, nor shallthe Contractor allow any subcontractor to commence work on his subcontract until the insurance requiredof the subcontractor has been obtained and approved.

Compensation Insurance. The Contractor shall procure and maintain, during the life of theContract, Industrial Insurance as required by the Nevada Industrial Insurance Act, for all ofhis employees to be engaged in work at the site of the project under this Contract and incase of any such work sublet, the Contractor shall require the subcontractor similarly toprovide such Industrial Insurance for all of the latter’s employees to be engaged in suchwork unless such employees are covered by the protection afforded by the Contractor’sIndustrial Insurance. In case any class of employees engaged in work on the project underthis Contract is not protected under the Nevada Industrial Insurance Act, the Contractorshall provide and shall cause each subcontractor to provide adequate employer’s liabilityinsurance for the protection of such of his employees as are not otherwise protected.

2. Contractor’s Public Liability and Property Damage Insurance and Vehicle LiabilityInsurance. The Contractor shall procure and shall maintain during the life of this Contract

52019-01 Kellogg Park Phase I -- Clearing-Grubbing and GiadingApril 2,2019

Contractor’s Public Liability Insurance, Contractor’s Property Damage Insurance andVehicle Liability Insurance in the following amounts:

Minimum limits for:(a) Personal injury or death

one personone occurrence

(b) Property damageone accidentaggregate liability for loss

(c) Vehicle liabilitysingle person/accident

$1,000,000$3,000,000

$1,000,000$3,000,000

$1 50,000/S300,000

3. Subcontractor’s Public Liability and Property Damage Insurance and Vehicle LiabilityInsurance. The Contractor shall either (1) require each of his subcontractors to procure andto maintain during the life of his subcontract, Subcontractor’s Public Liability and PropcrtyDamage Insurance and Vehicle Liability Insurance of the type and in the amounts specifiedin subparagraph (N hereof, or (2) inure the activities of each subcontractor in the amountsspecified in subparagraph (b) hereof. - —

La4. Scope of Insurance and Sia1 Hazards. The inurance rcquired under subparagraphs (b)

and (c) hereof shall name the County and its officers, agents, Director of Public Works andemployees as a co-insured and ro’ide adequate protection for the County and its officers.agents. Director of Public Works and cmloyees, and the Contractor and hissubcontractors, respectively, against damage claims which may arise from Operationsunder this Contract, whether such operations be by the insured or by anyone directly orindirectly employed by him, and also against any of the special hazards which may beencountered in the performance of this Contract as enumcrated in the Special Conditions.

5. SBui!der’sc Insurance (Fire anded Coverage). Until the project is completedand accepted by the County, the Contractor is required to maintain Builder’s Risk

‘Insurance (Fire and Extended Coverage) on a 100 percent completed value basis on theinsurablc portion of the project for the benefit of the County, the Contractor, andsubcontractors, as their interests may appear. This provision shall not release theContractor from his obligation to complete, according to Contract documents, the projectcovered by the Contract, and the Contractor and his surety shall be obligated to fillperformance of the Contractor’s undertaking.

6. Proof of Carriage oflnsurance. The Contractor shall furnish the County with certificatesshowing the type, amount, class of operations covered, effective dates and date ofexpiration ofpolicies. Such certificates shall also contain substantially the followingstatements: “The insurance covered by this certificate will not be canceled or materiallyaltered, except afler ten (10) days’ written notice has been received by the County.”

7. If the Contractor or any subcontractor fails to maintain the insurance requ red by thisContract, the County may obtain such insurance for the protection of the County, itsofficers, agents. Director of Public Works, and other employees, and deduct and retain the

620 19-01 Kellogg Park Phase I — Clearing-Grubbing and GradingApril 2,2019

amount of the premiums for such insurance from any sums payable to the Contractor underthis Contract.

8. Contractor shall defend. indemnify and hold hanniess the County, its agents and employeesfrom any and all liability, damages. iudgments, claims, causes of action, liability’, loss, costs,reasonable attorney’s fees, or other expenses arising from the performance of this Contractby Contractor or Contractor’s agents. employees or any of its subcontractors whether causedby the negligence or villfiil misconduct of Contractor, his agents, employees or affiliates.Contractor hereby indemnifies and shall defend and hold harmless the County, its officials,employees and authorized representatives and their employees from and against any and allsuits, actions, legal or administrative proceedings, arbitration, claims, demands, damages,liabilities, interest, attorney’s fees, costs and expenses of whatsoever kind or nature,including those arising out of injury, death or property damage, whether arising before orafter completion of the work under this Contract and in any manner directly or indirectlycaused, occasioned, or contributed to in whole or in part by reason of any negligent act,omission, or fault or willful misconduct, whether active or passive, of Contractor or ofanyone acting under its direction or control or on its behalf in connection with or incidentalto the perfonnance of this Contract. Contractor’s indemnity, defense, and hold harmlessobligations, or portions or applications thereof, shall apply even in the event of the fault ornegligence, whether active of passive, of the Count, its agents and employees to the flullestextent permitted by law.

J. THE CONTRACT DOCUMENTS

The Contract Documents shall include the following:

1. The advertised Notice of Invitation to Bid No.2019-01 Labor Commission PWP-NY-20l 8-14.

2. The Bid by the Contractor (The Bidder’s Proposal);3. This Contract;4. The General Instructions to Bidders;5. The Special Provisions;6. The specifications as set forth in the Special Provisions;7. Any and all contract drawings, plans, maps, plat, blueprints and other drawings and printed

or written explanatory or supplementary matter thereof, as may be set forth in saidContract Documents;

8. The Bid Bond, Performance Bond and Payment Bond;9. All addenda issued by the Purchasing Department;10. Contractor QualifIcation:11. The Notice of Award;12. Any amendments or addenda to all of’ the aforementioned documents; and13. All provisions required by law to be incorporated in this Contract, whether actually

incorporated or not.

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K. SELECTED ALTERNATES AND OPTIONS

The following options and alternates have been selected by the County and are herewith made partof the scope of work to be performed under this Contract;

Options:

Alternates:

__________________________________________________________

L. NO THIRD-PARTY BENEFICIARY

This Contract and the rights and obligations arising therefrom are strictly for the benefit of theparties to this Contract. The parties agree that any benefit or detriment asserted by the third party and/orfound to exist by any court or arbitrator is merely an incidental, collateral, or consequential benefit ordetriment arising from the performance or non-performance of this Contract and is not intended to createa tight of action in any person not a signatory to this Contract,

N4. ASSIGNMENT AND SUBCONTRACTING

1, Assignment. Contractor shall not assign its rights nor delegate its duties hereunder withoutprior written consent of County. The County may condition such consent.

2. Subcontracting. Except as specifically detailed in the Contractor’s Bid, Contractor shallnot subcontract any part of the work hereunder without the prior written approval ofCounty. The County may condition such consent.

N. WAIVER

Failure by County or Contractor, at any time, to enforce or to require strict observance of any ofthe terms, conditions or provisions of this Contract shall not constitute a waiver of, nor limit or impair,such terms, conditions or provisions. In addition, any such failure shall not affect the right of either partyto avail itself at any time of such remedies as it may have for any default hereunder by the other partyhereto.

0. ATTORNEYS’ FEES

This Contract shall be governed, construed and interpreted by, through and under the laws of theState of Nevada. The patties hereby agree that venue for any and all disputes related to this Contract shallbe in the Fifih Judicial District Court of the State of Nevada. in and for the County of \ye. The partiesftirther agree that. should it become necessary for either patty hereto to take legal action to enforce anyrights and/or obligations outlined hcrein, that the prevailing party shall be entitled to recover their costs tothe extent provided for by law, with each patty to bear their own attorneys’ fees unless otherwise providedfor by law.

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P. ENTIRE AGREEMENT

The tenns and provisions of this Contract constitute the entire agreement between the parties andsupersede all previous communications, representations, undertakings or agreements between the partieshereto with respect to the subject matter hereof, whether oral or written.

Q. NOTICES

Any notice, proposal or objection relating to this Contract shall be in writing addressed to theparties as follows:

Nyc CountyDanielle McKee, Purchasing and Contracts Administrator2101 E. Calvada Blvd. Ste 200Parhump. NV 89048

CONTRACTOR:

Wulfenstein ConstructionP0 Box 38Pabrump, NV 89041

IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year firstabove written.

THE TOWN OF PAHRUMP By:

_________________________

John Koenig, ChairmanBOARD OF COUNTY COMMISSIONERS

Wulfenstein Construction By:

______________

COMPANY NAME CONTRACTOR

Printed NameATTEST:

Sandra L. Merlino, Nye County ClerkAnd Ex-Officio Clerk of the Board

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