State of Nevada Brian SandovalDepartment of Administration Governor

Purchasing Division Patrick CatesDirector

515 E. Musser Street, Suite 300Carson City, NV 89701 Jeff Haag

Administrator

THE NEVADA STATE PURCHASING DIVISION IS SOLICITING BIDS FORGUNNISON AND TIOGA VAULT TOILETS

INVITATION TO BID NO. 8590

F.O.B. Nevada Division of Parks/Walker River State Park206 E Walker Road, Yerington, NV 89447

Release Date: September 20, 2017

Vendor Questions Due: September 27, 2017 @ 12:00 PM Pacific Time

Deadline for Submission and Opening Date and Time: October 11, 2017 @ 2:00 PM Pacific Time

Requisition No. 704 29383

For additional information or to obtain a copy of this Invitation to Bid, please contact:

Annette Morfin, Purchasing Officer(775) 684-0185

(TTY for the Hearing Impaired: 1-800-326-6868 and ask the relay agent to dial (775) 684-0185)

Refer to Page 22, for instructions on submitting bidsCompany Name:Contact Name:Title:Address:City: State: Zip:Telephone: Fax:Email Address:Location of company headquarters: City: State:

While there are no set asides in the State of Nevada or preferences for Minority Business Enterprise, Women Business Enterprise and Small Business, we encourage those vendors to compete for state business at every opportunity and we make every effort to contact these businesses when opportunities arise, therefore if it is your judgment that your business fits within these categories, please check appropriate boxes.

Minority Owned Women Owned Small Business

ITB #8590 Revised: 07-07-17 Page 1 of 32

TABLE OF CONTENTS

1. PROJECT OVERVIEW.........................................................................................................................3

2. ITEM SPECIFICATION........................................................................................................................3

3. ADDITIONAL REQUIREMENTS......................................................................................................18

4. PAYMENT...........................................................................................................................................19

5. BID SUBMITTAL INSTRUCTIONS..................................................................................................20

6. BID SOLICITATION, EVALUATION AND AWARD PROCESS...................................................22

7. TERMS AND CONDITIONS FOR PURCHASE OF GOODS..........................................................25

ATTACHMENT A – COMPLIANCE CERTIFICATION.........................................................................31

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Prospective vendors are advised to review Nevada’s ethical standards requirements, including but not limited to, NRS 281A, which can be found on the Purchasing Division’s website (http://purchasing.nv.gov).

All applicable Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) documentation can be found at: www.leg.state.nv.us/law1.cfm.

1. PROJECT OVERVIEW

The State of Nevada, on behalf of the Nevada Division of Parks, is seeking responsible and licensed vendors to supply Gunnison and Tioga Style vault toilets. This will be a one-time procurement. Vendors submitting bids must be licensed and pre-approved with the Manufactured Housing Division of the State of Nevada. FOB Destination pricing is being requested, and shipping charges must be included in the unit price.

2. ITEM SPECIFICATION

2.1 Unless otherwise specified in this Invitation to Bid (ITB), reference to a specific manufacturer or a specific product or model in the bid specifications does not restrict bidders to that manufacturer, product or model. This method is used to indicate the functional requirements (e.g., type, design, characteristics, quality) of the article desired. Bids may be considered on other manufacturer’s products or other models determined by the Purchasing Division to be the functional equivalent of the product or model referenced.

2.2 This specification covers the construction and placing of precast concrete vault toilet buildings.

2.3 Quantities will be based on the following: Three (3) Single Stall Vault Toilets and One (1) Two (2) Stall Vault Toilet – No Chase.

2.4 SPECIFICATIONS

2.4.1 ASTM C33 - Concrete Aggregates;

2.4.2 ASTM C39 – Method of Test for Compressive Strength of Cylindrical Concrete Specimens;

2.4.3 ASTM C94 – Standard Specification for Ready-Mixed Concrete;

2.4.4 ASTM C143 – Method of Test for Slump of Concrete;

2.4.5 ASTM C150 – Standard Specification for Portland Cement;

2.4.6 ASTM A185 – Standard Specification for Steel Welded Wire Reinforcement, Plain, or Concrete;

2.4.7 ASTM C192 – Method of Making and Curing Test Specimens in the Laboratory;

2.4.8 ASTM C231 – Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method;

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2.4.9 ASTM C309 – Standard Specifications for Liquid Membrane-Forming Compounds for Curing Concrete;

2.4.10 ASTM C494 – Standard Specification for Chemical Admixtures for Concrete;

2.4.11 ASTM A615 – Standard Specification for Deformed and Plain Carbon-Steel bars for Concrete Reinforcement;

2.4.12 ASTM C618 – Standard Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use in Concrete;

2.4.13 ASTM C979 – Standard Specification for Pigments for Integrally Colored Concrete;

2.4.14 ACI 211.1 – Standard Practice for Selecting Proportions for Normal, Heavyweight, and Mass Concrete;

2.4.15 ACI 306 – Cold Weather Concreting;

2.4.16 ACI 318 – Building Code Requirements Structural Concrete and Commentary (includes Errata); and

2.4.17 PCI MNL 116 – Quality Control for Plants and Production of Precast Prestressed Concrete Products

Conform with all items in Section 2.4. Conform ______ Non-Conform ______

2.5 PRODUCTS

2.5.1 MANUFACTURER CRITERIA

The manufacturer supplying the requested precast concrete vault facility must meet the following:

2.5.1.1 Manufacturer must be ISO 9001 certified at the time of bid.

2.5.1.2 Manufacturing plant must be PCI certified at the time of bid.

2.5.1.3 Manufacturer must not have defaulted on any contract within the last five (5) years.

2.5.1.4 Manufacturer must provide stamped, engineering drawings prior to acceptance.

2.5.1.5 Manufacturer must be pre-approved with the State of Nevada “Manufactured Housing” prior to bidding.

2.5.1.6 Manufacturer must show four (4) examples of Sweet Smelling Technology designed precast concrete vault toilet facilities produced, installed, and in use as an example of their ability to perform on this contract.

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2.5.1.7 Manufacture shall provide a 20 year warranty.

2.5.2 DESIGN CRITERIA

The proposed prefabricated comfort station has been designed to individually meet the following criteria. Calculations and Engineer’s stamped drawings are available, for standard buildings, for review and approval by the State of Nevada “Manufactured Housing”, upon request by the customer and are for their sole and specific use only. The design criteria are to ensure that they not only will withstand the forces of nature listed below but will provide protection from vandalism and other unforeseen hazards. Design criteria include provisions of the 2012 IBC Code.

2.5.2.1 Roof Snow Load

The design must withstand 350 pounds per square foot snow load.

2.5.2.2 Floor Load

The design must withstand 400 pounds per square foot floor load.

2.5.2.3 Wind Load

The design must withstand the effects of 150 mile per hour (3-second gust) wind exposure C.

2.5.2.4 Earthquake

Design to Seismic Zone 4, Category F earthquake.

2.5.2.5 Additional Design Standards

A. The design must meet the requirements of the sixty-inch turning radius inside toilet room specified by the American with Disabilities Act Requirements and Uniform Federal Accessibility Standards as of the date of these specifications.

B. The comfort station incorporates all design aspects of Sweet Smelling Technology as outlined by Briar Cook for the U.S. Forest Service.

C. The comfort station has a one-piece full length and width vault unit to support the building, screen area and snow loads evenly. It has a one-piece floor unit to prevent panels that migrate in different direction during periods of freeze/thaw stress.

D. The comfort station is an all concrete design with a minimum 3/12 roof pitch.

E. The design shall have a minimum 4 inch wall, 4 ½ inch roof, and 5 inch floor thickness.

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F. All wall to floor interior surface seams shall have a minimum 1” radius coving made of high strength grout.

2.5.3 CONCRETE – GENERAL

The concrete mix design will be designed to ACI 211.1 to produce concrete of good workability.

2.5.3.1 Concrete will contain a minimum of 675 pounds of cementitious material per yard. Cement will be a low alkali type I/II or III conforming to ASTM C-150.

2.5.3.2 Coarse aggregates used in the concrete mix design will conform to ASTM C33 with the designated size of coarse aggregate #67.

2.5.3.3 Minimum water/cement ratio will not exceed .45.

2.5.3.4 Air-entraining admixtures will conform to ASTM C260. Water reducing admixtures will conform to ASTM C494, Type A.

2.5.3.5 If Self Compacting Concrete (SCC) is used it must conform to ASTM C1611.

2.5.4 COLOR CONCRETE

2.5.4.1 Color additives will conform to ASTM C979. A 12” x 12” x 1” color sample will be required prior to customer approval.

2.5.4.2 The following will contain colored concrete:

A. Toilet building roof panels;B. Building walls; andC. Screen panels.

2.5.4.3 The same brand and type of color additive will be used throughout the manufacturing process.

2.5.4.4 All ingredients will be weighed and the mixing operation will be adequate to ensure uniform dispersion of the color.

2.5.4.5 Cold Weather Concrete

A. Cold weather concrete placement will be in accordance with ACI 306.

B. Concrete will not be placed if ambient temperature is expected to be below 35° F. during the curing period unless heat is readily available to maintain the surface temperature of the concrete at least 45° F.

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C. Materials containing frost or lumps of frozen materials will not be used.

2.5.4.6 Hot Weather Concrete

The temperature of the concrete will not exceed 95° F. at the time of placement. When the ambient reaches 90° F. the concrete will be protected with moist covering.

2.5.4.7 Concrete Reinforcement

A. All reinforcing steel will conform to ASTM A615. All welded wire fabric will conform to ASTM A185.

B. All reinforcement will be new, free of dirt, oil, paint, grease, loose mill scale and loose or thick rust when placed.

C. Steel reinforcement will be centered in the cross-sectional area of the walls and will have at least 1 ¼” of cover on the under surface of the floor.

D. The maximum allowable variation for center-center spacing of reinforcing steel will be ½”.

E. Full lengths of reinforcing steel will be used when possible. When splices are necessary on long runs, splices will be alternated from opposite sides of the components for adjacent steel bars. Lap bars #4 or smaller a minimum of 12”. Lap bars larger than #4 a minimum of 24 bar diameters.

F. Reinforcing bars will be bent cold. No bars partially embedded in concrete will be field bent unless approved by the customer.

2.5.4.8 Sealers and Curing Compounds

A. Curing compounds, if used, will be colorless, complying with ASTM C309, type I or 1-D.

B. Weatherproofing sealer for exterior of building will be a clear water repellent penetrating sealer.

2.5.4.9 Caulking, Grout, Adhesive and Sealer

A. Caulking service temperatures are from -40° to +194° F.

B. Interior and exterior joints will be caulked with a paintable polyurethane sealant.

C. Grout will be a non-shrink type and will be painted to match the color of surrounding concrete as close as possible.

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D. Cement base coating is formulated with a very fine aggregate system and is a built in bonding agent.

2.5.4.10 Paint

A. All paints and materials will conform to all Federal specifications or be similar “top-of-the-line-components” Paints will not contain more than .06 percent by weight of lead.

B. Type of paints for toilets

1. Inside concrete surfaces

a. Interior floors will be a chemical resistant urethane. The color will be gray.

b. Interior walls and ceilings will be a modified acrylic, water repellent penetrating stain. The color will be white followed by a clear acrylic anti-graffiti sealer.

2. Metal surfaces both inside and out DTM ALKYD.

3. Exterior concrete surfaces – exterior slab will be clear sealer.

4. Exterior walls and roof will be a water repellent penetrating stain in the same color as the walls or roof followed by a clear acrylic anti-graffiti sealer.

2.5.4.11 Grab Bars

Grab bars will be 18 gauge, type 304 stainless steel with 1 ½” clearance. Grab bars will each be able to withstand 300 pound top loading.

2.5.4.12 Toilet Paper Dispenser

Dispenser will be constructed of ¼” thick, type 304 stainless steel. Dispenser will be capable of holding three (3) standard rolls of toilet paper. Toilet paper holder fastening system will be able to withstand 300 pound top loading.

2.5.4.13 Steel Doors

A. Doors will be flush panel type 1 ¾” thick, minimum 16 gauge galvanized steel, top painted with DTM ALKYD.

B. Door frames will be knockdown or welded type, single rabbet, minimum 16 gauge prime coated steel top painted with “DTM ALKYD, width to suit wall thickness. Three (3) rubber door silencers will be provided on latch side of frame.

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2.5.4.14 Door Hinges

Heavy duty ball bearing door hinges will be three (3) per door with dull chrome plating 4 ½” x 4 ½”, adjustable tension, automatic-closing for each door. Single Acting Full Mortise – Spring Hinges, Hager Companies Model 1250.

2.5.4.15 Lockset

A. Lockset will meet ANSI A156.2 Series 4000, Grade 1 cylindrical lockset for exterior door.

B. Push and Pull Plate.

C. Emergency slot is provided on the exterior so the door can be unlocked from the outside using a coin, screwdriver, etc.

D. Inside lever always active.

E. U.S. 26D finish.

F. Removable core with “E” Keyway, 6 pin cylinder compatible with Schlage.

2.5.4.16 Dead Bolt

A. Deadbolt will be a Schlage lock heavy duty (Grade 1) model with a double cylinder, 2 ¾” backset, and US26D finish.

B. The cylinder will be a standard 1-1/8” Schlage Mortise cylinder with compression ring and 626 finish.

C. Removable core with “E” keyway, 6 pin cylinder.

2.5.4.17 Door Stop

Door stop will be a dome style stop meeting ANSI 156.16.

2.5.4.18 Double Coat Hook

A. Coat hook will be 304 stainless steel 16 gauge (1.5mm), formed construction with a satin finish and have 3/16” x 7/8” nail in anchor.

B. Upper hook will extend at least 2 ½” from the wall.

C. Lower hook will extend at least 1 ¼” from the wall.

2.5.4.19 Door Sweep & Kick Plate

A. Door sweep will be provided at the bottom of the door and will be an adjustable brush type.

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B. Kick plate, 10” x 34” will be on both sides of the door, .050 metal with #6 x 5/8” flush, anti-theft self-drilling screws.

2.5.4.20 Wall Vent

A. Vent cover will be 14 gauge 304 stainless steel painted with DTM and will be anchored into the concrete wall with high strength anti-rust tap con fasteners.

B. The vent louver frame and louvers will be non-vision .1” extruded aluminum jet coat finish.

C. Vent to come with insect screen.

D. Cover to be recessed a minimum ¾” on exterior walls with a 45° bevel.

E. Interior to be flush mounted.

F. Wall vent will not protrude from the wall.

2.5.4.21 Signs

A. Signs are to have raised pictograms, letters and Braille to meet ADA requirements.

B. Interior to have “No Trash in Vault Sign”.

C. All signs must be inset a minimum of ¾” into wall with 45° bevel.

D. All signs are to be anchored into concrete with ¼” x ¾” nail driven concrete anchors.

2.5.4.22 Windows and Vault Cleanout Cover

A. Windows and cleanout cover frames will be constructed from steel.

B. Window glazing will be 3/16” thick translucent pebble finished mar-resistant Lexan.

C. Plate for vault cleanout cover will be ¼” thick diamond plate steel. Lid will be hinged and configured so that it can be lock with a padlock. A gasket will be provided around the entire perimeter of the lid to provide an airtight seal.

D. Windows will have a ¾” recess with a 45° bevel.

E. Window frames will have vandal resistant fasteners.

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2.5.4.23 Vent Stack

Vent stack is to be a minimum 12 inches in diameter and a minimum 3 feet higher than the roof peak with a solar powered fan.

2.5.4.24 Vault Liner

A. The vault liner shall be made from a single sheet black ABS/750 virgin plastic and capable of holding up to 1,000 gallons of waste or 15,000 uses per vault.

B. The initial sheet thickness shall be a minimum .375.

C. Final stamped thickness shall be a minimum 060.

D. The vault liner shall have molded dovetail embeds to attach the liner to the concrete walls of the vault.

E. The vault liner shall have two (2) J-rails to attach the liner to the bottom of the vault.

F. Vaults with ABS liner shall be warranted against leaks for a period of seven (7) years.

2.5.4.25 Riser

A. Riser will meet ADA and be a one (1)-piece stainless steel (Dura-Ware®) riser.

B. Riser will be a smooth surface and have a high impact resistance at extremely cold temperatures.

2.5.4.26 Roof Insulation

Ceiling anchored ½” plywood + fiberglass laminate + 2” polyurethane foam. Approximately R-19.

2.5.4.27 Standard Exterior Finished

A. Colors will be selected by State Parks from the manufactures standard Color Chart.

B. Roof: Simulated Cedar Shake

C. Wall: Simulated Barnwood

2.5.4.28 Solar Light Package to include interior and exterior LED lights on a photocell.

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2.6 EXECUTION

2.6.1 Mixing and Delivery of Concrete

2.6.1.1 Mixing and delivery of concrete will be in accordance with ASTM C94, section 10.6 through 10.9 with the following additions:

A. Aggregate and water will be adjusted to compensate for differences in the saturated surface-dry condition.

2.6.1.2 Placing and Consolidated Concrete

A. Concrete will be consolidated by the use of mechanical vibrators.

B. Vibration will be sufficient to accomplish compaction but not to the point that segregation occurs.

2.6.1.3 Finishing Concrete

A. Interior floor and exterior slabs will be floated and troweled.

B. All exterior building walls and exterior screen walls will be any one of the available textures.

C. All exterior surfaces of the roof panels will be cast to simulate any one of the available textures. The underside of the overhang will have a smooth finish.

2.6.1.4 Cracks and Patching

A. Cracks in concrete components which are judged to affect the structural integrity of the building will be rejected.

B. Small holes, depressions and air voids will be patched with a suitable material. The patch will match the finish and texture of the surrounding surface.

C. Patching will not be allowed on defective areas if the structural integrity of the building is affected.

2.6.1.5 Curing and Hardening Concrete

Concrete surfaces will not be allowed to dry out from exposure to hot, dry weather during initial curing period.

2.7 FINISHING AND FABRICATION

2.7.1 Structural Joints

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2.7.1.1 Wall components will be joined together with two (2) welded plate pairs at each joint. Each weld plate will be 6” long and located one (1) pair in the top quarter and one (1) pair in the bottom quarter of the seam. Weld plates will be anchored into the concrete panel and welded together with a continuous weld. The inside seams will be a paintable caulk. The outside seams will use a caulk in a coordinated building color or clear.

2.7.1.2 Walls and roof will be joined with weld plates, 3” x 6” at each building corner.

2.7.1.3 The joint between the floor slab and walls will be joined with a grout mixture on the inside, a matching colored caulk on the outside and two (2) weld plates 6” long per wall.

2.7.2 Painting/Staining

2.7.2.1 An appropriate curing time will be allowed before paint is applied to concrete.

2.7.2.2 Some applications may require acid etching. A 30% solution of hydrochloric acid will be used, flushed with water and allowed to thoroughly air dry.

2.7.2.3 Painting will not be done outside in cold, frosty or damp weather.

2.7.2.4 Painting will not be done outside in winter unless the temperature is 50° F. or higher.

2.7.2.5 Painting will not be done in dusty areas.

2.7.2.6 All surface voids are to be filled prior to painting.

2.7.2.7 Schedule of finishes

A. Inside concrete surfaces

1. Inside floors will be one (1) coat of one (1)-part water based chemical resistant urethane.

2. Interior walls and ceilings will be two (2) coats of a modified acrylic, water repellent penetrating stain, followed by one (1) coat of clear sealer.

B. Metal surfaces both inside and out will have two (2) coats of DTM ALKYD.

C. Exterior concrete surfaces

Exterior walls with have two (2) coats of water repellent penetrating stain in the same color as the walls or roof followed by one (1) coat of clear acrylic anti-graffiti sealer.

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2.8 TESTING

The following tests will be performed on concrete used in the manufacture of toilets. Testing will only be performed by qualified individuals who have been certified ACI Technician Grade 1. Sampling will be in accordance with ASTM C172.

2.8.1 The air content of the concrete will be checked per ASTM C231 on the first (1st) batch of concrete. The air content will be in the range of 5.0% +/- 2.0%.

2.8.2 The compressive strength of the cylinders will be tested to ASTM C39. One (1) cylinder will be made for release, one (1) for 7-days and one (1) for 28-days. The release must be a minimum strength of 2500 psi, the 7-day must be a minimum strength of 4500 psi and the 28-day must be a minimum strength of 5000 psi.

2.9 INSTALLATION

2.9.1 Scope of Work

Work specified under this section includes excavation, backfill and placement of precast concrete vault toilet.

2.9.2 Materials

2.9.2.1 Bedding material to be sand or 3/8” minus crushed or screen aggregate.

2.9.2.2 Caulking between vault and toilet floor to be 1” x 1” Butyl tape designed specifically to bond precast concrete to precast concrete.

2.9.3 Location

2.9.3.1 It is the responsibility of State Parks to provide the exact location either by stakes or some other approved method.

2.9.3.2 It is the responsibility of State Parks to provide a clear and level site free of overhead and/or underground obstructions.

2.9.3.3 It is the responsibility of State Parks to provide access to the site for truck delivery and sufficient area for the crane to install and the equipment to perform the contract requirements.

2.9.4 Access to Site

Delivery to the site will be made on normal highway trucks and trailers. If at the time of delivery conditions of access are hazardous or unsuitable for truck and equipment due to weather, physical constraints, roadway width or grade, the contracted vendor may propose an alternate route with better access provided to ensure a safe and quality installation.

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2.9.5 Excavation and Elevation

2.9.5.1 Contracted vendor must comply with all applicable OSHA Standards for excavation.

2.9.5.2 Excavation for the installation of the toilet vault must be to a depth that will allow the structure site to be free draining after installation is completed. Allowance must be made for a 2” leveling course beneath the toilet vault. Stockpile topsoil in a separate pile at the sites.

2.9.5.3 Finish floor elevation will be 4-6 inches above natural grade measured at the front entrance of the exterior slab unless otherwise approved by State Parks. Ideally, the back of the building should be slightly higher to allow water to freely drain out of the toilet rooms. State Parks may specify a finished floor elevation for buildings at some sites. The contracted vendor will install buildings at these sites with the floor elevation within a plus or minus (+/-) 0.05 feet of the specified floor elevation.

2.9.5.4 No excavation will be left open more than seven (7) days unless otherwise approved by State Parks.

2.9.5.5 All excavations left open overnight will be fenced with wire mesh or plastic mesh fence secured to steel posts all around the excavation.

A. The bottom of the fence will generally follow the contour of the ground.

B. Maximum spacing of the steel posts will be ten (10) feet.

C. Minimum height of the fence will be 36 inches.

2.9.6 Backfill and Compaction

2.9.6.1 Compact the natural ground at the bottom of the vault excavation with a minimum of three (3) passes with a whacker-type mechanical compactor or equivalent approved by State Parks.

2.9.6.2 Install sand or aggregate bedding material for leveling course if needed. Contracted vendor will compact leveling course with one (1) pass with a whacker-type mechanical tamper or equivalent approved by State Parks. Grade leveling course so there will be no high spots in the middle of the vault bottom. Compact with a second (2nd) pass with a whacker or approved equivalent tamper.

2.9.6.3 Set vault in place and check for level or appropriate slope. Backfill around the structure. Use excavated material for backfill except those rocks larger than six (6) inches in maximum dimension shall not be placed within six (6) inches of the exterior vault walls.

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2.9.6.4 Fill, adjacent to the building entry, will have excavated material placed in eight (8) inch loose lifts and compacted with a minimum of two (2) passes with a whacker-type mechanical compactor or equivalent approved by State Parks.

2.9.7 Finish Grading

2.9.7.1 Spread excess excavated material from the vault around the structure. Intended final grade is flush with the top of the front slab. Allow for placement of topsoil to reach that grade. Grade backfill away from the structure at a maximum slope of five (5) percent unless otherwise approved by State Parks.

2.9.7.2 Spread stockpiled topsoil as the final layer after rough grading is completed. Areas disturbed by excavation, backfilling and stockpiling of excavated materials will be hand raked to remove exposed rocks over one (1) inch in maximum dimension. Oversized rocks removed from the surface shall be disposed of in a designated area within 250 feet of the site.

2.9.8 Vault Toilet Riser and Accessories

Polyurethane caulk will be applied between toilet riser flange and concrete floor before the toilet riser is installed.

2.9.9 Exhaust Pipe Installation

2.9.9.1 After exhaust pipe is installed, seal around the pipe at top and underside of the roof with polyurethane caulk.

2.9.9.2 Seal around the pipe at top of slab will be accomplished by using polyurethane caulk.

2.9.9.3 After application of the polyurethane paint to match.

2.10 WARRANTY – PRECAST DIVISION

2.10.1 Manufacturer provides a warranty against defects in material or workmanship for a period of twenty (20) years on all concrete components. The warranty is valid only when concrete is used within the specified loadings. Furthermore, said warranty includes only the related material necessary for the construction and fabrication of said concrete components.

2.10.2 All other non-concrete components will carry a one (1) year warranty.

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2.10.3 Manufacturer warrants that all goods sold pursuant hereto will, when delivered, conform to specifications set forth above. Goods shall be deemed acceptable and meeting specifications unless notification identifying the nature of any non-conformity is provided to the Manufacturer in writing within the specified warranty. Manufacturer, at its option, will repair or replace the goods or issue credit to State Parks provided the Manufacturer is first given the opportunity to inspect such goods. It is specifically understood that Manufacturer’s obligation hereunder is for credit, repair or replacement only, F.O.B Manufacturer’s manufacturing plants, and does not include shipping, handling, installation or other incidental or consequential costs unless otherwise agreed to in writing by the Manufacturer.

2.10.4 This warranty shall not apply to:

2.10.4.1 Any goods which have been repaired or altered without express written consent, in such a way as in the reasonable judgment of the Manufacturer, to adversely affect the stability or reliability thereof;

2.10.4.2 To any goods which have been subject to misuse, negligence, acts of God or accidents; or

2.10.4.3 To any goods which have not been installed to manufacturer’s specifications and guidelines, improperly maintained, or used outside of the specifications for which such goods were designed.

Item Unit Extended No. Qty Description Price Price

2.1 3 each GUNNISON STYLE VAULT TOILET: __________ __________manufactured by CXT Inc.; to come with Per eachthe following specifications:

R-19 Roof Insulation Room Wastebasket Single vault ABS lined concrete vault Barnwood textured walls – Natural Honey Cedar shake textured roof – Golden Beige Off loading and set up at site which will include the crane to offload the

building and vault at the site, digging of the hole, installation of the building, backfill and compaction, cleanup.

Solar Light Kit Solar Fan Kit Paint Touch-up Kit – Two-Tone Color Floor Plan: Left Hand Floor Hand Signage: Unisex; Accessible Wall Vent Location Upon Entering Door: Right Side Schlage Deadbolt Lock Door Opening: Privacy Latch ADA Handle Paper Holders: 3-Roll Stainless Steel Nevada State stamped drawings and calculations Nevada Division of Housing (Manufactured Housing) tag

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Item Unit Extended No. Qty Description Price Price

2.2 1 each TIOGA STYLE VAULT TOILET: __________ __________manufactured by CXT Inc.; to come with Per eachthe following specifications:

R-19 Roof Insulation Room Wastebasket Double vault Two (2) ABS lined concrete vault Barnwood textured walls – Natural Honey Cedar shake textured roof – Golden Beige Off loading and set up at site which will include the crane to offload the

building and vault at the site, digging of the hole, installation of the building, backfill and compaction, cleanup.

Solar Light Kit Solar Fan Kit Paint Touch-up Kit – Two-Tone Color; Signage: Unisex; Accessible Wall Vent Location Upon Entering Door: Rear Schlage Deadbolt Lock Door Opening: Privacy Latch ADA Handle Paper Holders: 3-Roll Stainless Steel Nevada State stamped drawings and calculations Nevada Division of Housing (Manufactured Housing) tag

3. ADDITIONAL REQUIREMENTS

3.1 Bids shall be submitted on this form to be considered.

3.2 Effective July 1, 2017, a five percent (5%) preference will be awarded to businesses based in Nevada. A Nevada business is defined as a business which certifies either that its ‘principal place of business’ is in Nevada, as identified in the table on Page 1, or that a ‘majority of goods provided for the contract are produced’ in Nevada. The preference will be applied to the bid price.

3.3 A Nevada based business may apply for a five percent (5%) preference on its bid. This preference may apply if a business has its principal place of business within Nevada or if a majority of goods provided for the contract are produced in Nevada. This preference cannot be combined with any other preference, granted for the award of a contract using federal funds, or granted for the award of a contract procured on a multi-state basis. To claim this preference a business must submit a letter with its bid showing that it qualifies for the preference.

3.4 Bidders are especially cautioned to recheck bid prices for errors prior to submitting bid as changes in bid prices after opening date and hour of bid due to an error shall not be permitted or accepted. Bidder shall be required to furnish equipment at price or prices bid on or be penalized by being removed from bidder’s list for a period of one year.

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3.5 For the purpose of uniformity, award shall be made on an “all or none” basis.

3.6 Equipment shall be new only; used, refurbished, demo, prototype or gray market equipment shall not be accepted.

3.7 Bidder is required to submit descriptive data or printed specifications describing items bidding. Failure to comply with this request may be cause for non-acceptance of bid.

3.8 Brand Names: Unless otherwise stated “No Exceptions”, brand names mentioned in these specifications are for reference only and are intended for the purpose of assisting in describing the need, use, and quality of the item. The contractor shall identify any alternate item(s) and it is the State’s prerogative to either accept or reject any alternative item(s).

3.9 Proof, satisfactory to the State, shall be provided by bidder to show that any alternate article is equal to, or exceeds the bid specifications in design and performance. Complete and detailed comparative documentation for equipment other than requested in this solicitation is required to be submitted with bid. Equivalent items may be subject to performance testing.

3.10 For purposes of addressing questions concerning this solicitation, the sole contact shall be the Purchasing Division’s designee. Upon issuance of this solicitation, employees and representatives of the agencies identified herein shall not answer questions or otherwise discuss the contents of this request with any prospective vendors or their representatives. Failure to observe this restriction may result in disqualification of any bid. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

4. PAYMENT

4.1 Prices offered in bids are an irrevocable offer for the term of the Notice of Award (NOA) / contract and any NOA/contract extensions unless otherwise specified on Attachment A.

4.2 The State generally pays within 30-45 days upon receipt of invoice and the using agency’s approval. Per the State’s policy and procedures, payments are not made prior to receipt of goods. Pursuant to NRS 227.185 and NRS 333.450, the State shall pay claims for supplies, materials, equipment and services purchased under the provisions of this ITB electronically, unless determined by the State Controller that the electronic payment would cause the payee to suffer undue hardship or extreme inconvenience.

Vendor’s Payment Terms:

4.3 Prompt payment discount periods equal to (or greater than) 30 calendar days shall receive consideration and bid pricing shall be reduced (for evaluation purposes only) by the amount of that discount(s).

Vendor’s Prompt Payment Discount Offered:

4.4 Vendor’s prices contained in this bid are subject to acceptance within _________calendar days.

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4.5 The price quoted is for the specified delivery, and, unless otherwise specified in the NOA/Contract, is Free on Board (FOB) Destination (freight included) to the delivery address. FOB requires the seller to, at its own expense and risk, transport the goods to the destination and there tender delivery of them in the manner provided in NRS 104.2503. (Refer to NRS 104.2319(1) (b); Uniform Commercial Code (UCC 2-319(1). Unless otherwise specified in the NOA/Contract, the price does not include applicable federal or State sales, use, excise, processing or any similar taxes, or duty charges, which shall be paid by the State, or in lieu thereof, the State shall provide the Vendor with a tax exemption certificate acceptable to the applicable taxing authority. Unless otherwise specified in the NOA/Contract, payment shall be made in accordance with Nevada law to the Vendor.

4.6 The State requests Manufacturer’s Suggested Retail Prices (MSRP) in effect at the time of bid submittal for internal statistical purposes.

4.7 Purchasing Card Acceptance

In an effort to streamline the purchasing and payment process, the State is encouraging agencies to use the state contracted purchasing card to facilitate small dollar purchases. While at the present time it is not mandatory that contractors accept credit card purchases; contractors are encouraged to consider this alternate payment process. The current card available for State agency use is a MasterCard product.

Purchasing (Credit) Cards Accepted: Yes No

Payment discount for transactions involving card use: % Discount

4.8 Delivery

Delivery shall be completed within _______ calendar days after receipt of purchase order.

5. BID SUBMITTAL INSTRUCTIONS

5.1 Bids shall be received at the address referenced below per Section 5.5, ITB Timeline. Bids that do not arrive by bid opening time and date shall not be accepted. Vendors may submit their bid any time prior to the above stated deadline.

5.2 Bids may be submitted via mail or overnight delivery.

5.2.1 Hard Copy Bid Submission: Shall be submitted in a sealed package, the package shall be clearly marked: Invitation to Bid No. 8590, Bid Opening Date: October 11, 2017 @ 2:00 PM Pacific Time

Bid shall be submitted to:

State of Nevada, Purchasing DivisionAnnette Morfin, Purchasing Officer515 E. Musser Street, Suite 300Carson City, NV 89701

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5.2.2 Electronic Bid Submittal: Bids may be submitted via email at ITBDocs@admin.nv.gov. If vendors do not have access to email, bids may be submitted via facsimile to: 775-684-0169. Transmittals of either method shall be clearly marked per Section 5.2.1.

5.3 The State Purchasing Division shall not be held responsible for bid packages mishandled as a result of not being properly prepared.

5.4 The Invitation to Bid (ITB) Question Submittal Form is located on the Solicitation Opportunities webpage at http://purchasing.nv.gov. Select the Solicitation Status, Questions dropdown and then scroll to the ITB number and select the “Question” link.

5.4.1 The deadline for submitting questions is as specified in Section 5.5, ITB Timeline.

5.4.2 All questions and/or comments shall be addressed in writing. An email notification that the amendment has been posted to the Purchasing website shall be issued on or about the date specified in Section 5.5, ITB Timeline.

5.5 ITB TIMELINE

The following represents the proposed timeline for this project. All times stated are Pacific Time (PT). These dates represent a tentative schedule of events. The State reserves the right to modify these dates at any time.

Task Date/Time

Deadline for submitting questions 09/27/2017 @ 12:00 PM

Answers posted to website On or about 09/29/2017

Deadline for submission and opening of bids No later than 2:00 PM on 10/11/2017

Evaluation period (approximate time frame) 10/11/2017 – 10/13/2017

Selection of vendor On or about 10/16/2017

5.6 This entire document and any amendments, if applicable, to this ITB shall be returned as part of the vendor’s bid submission. Failure to comply with this requirement may be grounds for non-acceptance of the bid.

5.7 For purposes of addressing questions concerning this ITB the sole contact shall be the Purchasing Division. Upon issuance of this ITB, employees and representatives of the agencies identified herein shall not answer questions or otherwise discuss the contents of this ITB or any subsequent submitted bid responses with any prospective bidders or their representatives until issuance of formal NOA. Failure to observe this restriction may result in disqualification of any bid. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

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5.8 Sealed bids shall be publically opened and read at the date, time and location specified within the ITB. Assistance for handicapped, blind or hearing-impaired persons who wish to attend the ITB opening is available. If special arrangements are necessary, please notify the Purchasing Division designee as soon as possible and at least two (2) days in advance of the opening.

6. BID SOLICITATION, EVALUATION AND AWARD PROCESS

6.1 This procurement is being conducted in accordance with NRS Chapter 333 and NAC Chapter 333.

6.2 Bids shall conform to all terms, conditions and specifications in this ITB.

6.3 Contractor agrees to comply with conditions of the Federal Occupational Safety and Health Acts of 1970 (OSHA) as may be amended, and certifies that all items furnished and purchased under this order shall conform to and comply with said standards and regulations. Contractor further agrees to indemnify and hold harmless purchaser from all damages assessed against purchaser as a result of Contractor’s failure to comply with the acts and standards thereunder and for the failure of the items furnished under this order to so comply.

6.4 Pursuant to NRS Chapter 613 in connection with the performance of work under this NOA/contract, the contractor agrees not to unlawfully discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation or age, including, without limitation, with regard to 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, without limitation, apprenticeship.

The contractor further agrees to insert this provision in all subcontracts, hereunder, except subcontracts for standard commercial supplies or raw materials.

6.5 Every NOA/contract or order for goods shall be awarded to the lowest responsible bidder (Refer to NRS 333.340(1)). To determine the lowest responsible bidder, the Purchasing Division may consider:

6.5.1 The location of the using agency to be supplied;6.5.2 The qualities of the articles to be supplied;6.5.3 The total cost of ownership of the articles to be supplied;6.5.4 The conformity of the articles to be supplied with the specifications;6.5.5 The purposes for which the articles to be supplied are required; and6.5.6 The dates of delivery of the articles to be supplied.

The Purchasing Division shall not be obligated to accept low bid, but shall make an award in the best interest of the State after all factors have been evaluated (Refer to NRS 333.300(2)).

6.5.7 When the advertisement for bids includes a statement that bids for alternative articles shall be considered, alternative articles shall be considered in as much as they are determined to:

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6.5.7.1 Meet or exceed the specifications of the article listed in the original request for bids;

6.5.7.2 The purchase of the alternative article results in a lower price; and

6.5.7.3 The Administrator or designee deems the purchase of the alternative article to be in the best interests of the State.

6.6 For the purpose of awarding a formal NOA/contract solicited in accordance NRS 333.300(2), if

6.6.1 A local business owned and operated by a veteran with a service-connected disability submits a bid or proposal for a NOA/contract for which the estimated cost is more than $50,000 but no more than $250,000 and is a responsive and responsible bidder, the bid or proposal shall be deemed to be five (5%) percent lower than the bid or proposal actually submitted.

6.6.2 A local business owned and operated by a veteran with a service-connected disability which is determined to be 50 percent or more by the United States Department of Veterans Affairs submits a bid or proposal for a NOA/contract for which the estimated cost is more than $250,000 but less than $500,000 and is a responsive and responsible bidder, the bid or proposal shall be deemed to be five (5%) percent lower that the bid or proposal actually submitted.

6.6.3 The preferences described above may not be combined with any other preference.

6.7 NRS 333.290 grants a preference to materials and supplies that can be supplied from a “charitable, reformatory or penal institution of the State” that produces such goods or services through the labor of inmates. The Administrator reserves the right to secure these goods, materials or supplies from any such eligible institution, if they can be secured of equal quality and at prices not higher than those of the lowest acceptable bid received in response to this solicitation. In addition, NRS 333.410 grants a preference to commodities or services that institutions of the State are prepared to supply through the labor of inmates. The Administrator shall apply the preferences stated in NRS 333.290 and 333.410 to the extent applicable.

6.8 Bids may be withdrawn by written or facsimile notice received prior to the ITB opening time. Withdrawals received after the ITB opening time shall not be considered except as authorized by NRS 333.350(3).

6.9 The State reserves the right to alter, amend, or modify any provisions of this ITB, or to withdraw this ITB, at any time prior to the award of an NOA/contract pursuant hereto, if it is in the best interest of the State to do so.

6.10 Any unsuccessful bidder may file an appeal in strict compliance with NRS 333.370.

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6.11 The Legislature, the Supreme Court, the Nevada Wing of the Civil Air Patrol (NRS 333.469), the Nevada System of Higher Education (NRS 333.470) and local governments (as defined in NRS 332.015) are intended third party beneficiaries of any NOA/contract resulting from this ITB and any local government may join or use any NOA/contract resulting from this ITB subject to all terms and conditions thereof pursuant to NRS 332.195. The State is not liable for the obligations of any local government which joins or uses any NOA/contract resulting from this ITB.

6.12 Vendors who enter into an NOA/contract with the State of Nevada and who sell tangible personal property in the State of Nevada are required to obtain a permit in accordance with NRS 372.125, and required to collect and pay the taxes imposed by law on the sale of tangible personal property in this State.

6.13 When applicable, submission of a bid shall include any and all proposed terms and conditions, including, without limitation, written warranties, maintenance/service agreements, license agreements, lease purchase agreements, and the bidder’s standard contract language. A review of these documents shall be necessary to determine if a bid is in the best interest of the State.

6.14 Subcontractor: Third party, not directly employed by the vendor, who shall provide goods and/or services identified in this ITB. This does not include third parties who provide support or incidental services to the vendor.

6.15 Proprietary Information: Any trade secret or confidential business information that is contained in a bid submitted on a particular NOA/contract. Refer NRS 333.020(5) (a); NRS 333.333.

6.16 Public Record: All books and public records of a governmental entity, the contents of which are not otherwise declared by law to be confidential must be open to inspection by any person and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Refer to NRS 333.333; NRS 600A.030(5).

6.17 Trade Secret: Information including, without limitation, a formula, pattern, compilation, program, device, method, technique, product, system, process, design, prototype, procedure, computer programming instruction or code that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by the public or any other person who can obtain commercial or economic value from its disclosure or use, and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Refer to NRS 600A.030(5).

6.18 In accordance with NRS 333.350(1), a contract may be awarded for separate items, portions or groups of items in the best interests of the State, as required.

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6.19 Vendor Authorization: By submitting a bid the Vendor is duly organized, validly existing, and in good standing under the appropriate laws with full power and authority to conduct the business that it presently conducts in the State of Nevada. The Vendor has the legal power and right to enter into and perform the Contract. Consummation of the transactions contemplated by the Contract shall not violate any provision of law, or any of the Vendors governing documents (articles of incorporation, partnership Contract, etc). Execution of the Contract and all documents provided for in the Contract by the Vendor and its delivery to the State have been duly authorized by the board of directors or managing agents of the Vendor and no further action is necessary on the Vendor's part to make the Contract valid and binding on the Vendor in accordance with its terms. The Vendor has obtained all licenses and permits to perform all of its requirements under the Contract, and is current on all tax obligations to the State of Nevada or any other governmental entity in Nevada.

7. TERMS AND CONDITIONS FOR PURCHASE OF GOODS

7.1 Goods: As defined in NRS 104.2105, and as specifically identified in this ITB.

7.2 Purchase Order: Buyer-generated document that authorizes a purchase transaction. It sets forth the descriptions, quantities, prices, discounts, payment terms, date of performance or shipment, other associated terms and conditions, and identifies a specific seller. When accepted by the seller, it becomes a contract binding on both parties; also called order.

7.3 Incorporated Documents: The NOA/Contract shall consist of this ITB, any amendments to this ITB if applicable, the vendor’s bid and all documentation contained therein, together with any subsequently issued purchase order(s) executed by a person with full power and authority to issue same on behalf of the State. A vendor’s bid shall not contradict or supersede any State specifications, terms or conditions without written evidence of mutual assent to such change appearing in the NOA/Contract.

7.4 Notice: Unless otherwise specified, termination shall not be effective until thirty (30) calendar days after a party has served written notice of default, or without cause upon the other party. All notices or other communications required or permitted to be given under this NOA/Contract shall be in writing and shall be deemed to have been duly given if delivered via email, personally in hand, by telephonic facsimile, regular mail, or mailed certified mail, return receipt requested, postage prepaid on the date posted, and addressed to the other party at the address specified above.

7.5 TERMINATION:

7.5.1 Termination Without Cause: Any discretionary or vested right of renewal notwithstanding, this NOA/Contract may be terminated upon written notice by mutual consent of both parties or unilaterally by either party without cause.

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

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7.5.3 Cause Termination for Default or Breach: A default or breach may be declared with or without termination. The NOA/Contract may be terminated by either party upon written notice of default or breach to the other party as follows:

7.5.3.1 If the vendor fails to provide or satisfactorily perform any of the conditions, work, deliverables, goods, or services called for by the NOA/Contract within the time requirements specified in the NOA/Contract or within any granted extension of those time requirements; or

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

7.5.3.3 If the Vendor becomes insolvent, subject to receivership, or becomes voluntarily or involuntarily subject to the jurisdiction of the bankruptcy court; or

7.5.3.4 If the State materially breaches any material duty under the NOA/Contract and any such breach impairs the vendor's ability to perform; or

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

7.5.3.6 If it is found by the State that the vendor has failed to disclose any material conflict of interest relative to the performance of the NOA/Contract.

7.5.4 Time to Correct: Termination upon a declared default or breach may be exercised only after service of formal written notice as specified in Section 7.4, Notice and the subsequent failure of the defaulting party within fifteen (15) calendar days of receipt of that notice to provide evidence, satisfactory to the aggrieved party, showing that the declared default or breach has been corrected.

7.5.5 Winding Up Affairs Upon Termination: In the event of termination of the NOA/contract for any reason, the parties agree that the provisions of this paragraph survive termination:

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

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7.5.5.2 The Vendor shall satisfactorily complete work in progress at the agreed rate (or a pro rata basis if necessary) if so requested by the Contracting Agency.

7.6 REPRESENTATIONS AND WARRANTIES:

The vendor represents and warrants to the State:

7.6.1 Bid Representations: All statements made by the vendor on any application, bid, proposal, offer, financial statement, or other document used by the vendor to induce the State to enter into the NOA/Contract are true, correct, complete, and omit no information which would render them misleading.

7.6.2 Use of Broker: The vendor agrees to indemnify the State from any damage, liability, or expense that it may suffer as a result of any claim of a broker or other finder with whom it is determined that the vendor has dealt in connection with the transactions contemplated under the NOA/contract.

7.6.3 Express Warranties: For the period specified in the NOA/Contract, Vendor warrants and represents each of the following with respect to any goods provided under the NOA/contract:

7.6.3.1 Fitness for Particular Purpose: The goods shall be fit and sufficient for the particular purpose set forth in the NOA/Contract.

7.6.3.2 Fitness for Ordinary Use: The goods shall be fit for the purpose for which goods of a like nature are ordinarily intended, it being understood that the purpose for the goods covered by the NOA/Contract are ordinarily intended for use in general government administration and operations.

7.6.3.3 Merchantable, Good Quality, No Defects: The goods shall be merchantable, of good quality, and free from defects, whether patent or latent, in material and workmanship.

7.6.3.4 Conformity: The goods shall conform to the standards, specifications and descriptions set forth in the NOA/Contract. If the Vendor has supplied a sample to the State, the goods delivered shall conform in all respects to the sample and shall be identified by the word "sample" and Vendor's name.

7.6.3.5 Uniformity: The goods shall be without variation, and shall be of uniform kind, quality, and quantity within each unit and among all units.

7.6.3.6 Packaging and Labels: The goods shall be contained, packaged, and labeled so as to satisfy all legal and commercial requirements applicable to use by a government agency, including without limitation, Occupational Safety and Health Administration material safety data sheets and shall conform to all statements made on the label.

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7.6.3.7 Full Warranty: The foregoing warranties are "full" warranties within the meaning of the Magnuson-Moss Warranty -- Federal Trade Commission Improvement Act, 15 U.S.C. 2301 et seq., and implementing regulations 16 C.F.R. pts. 700-703, if applicable to this transaction.

7.6.3.8 Title: The Vendor has exclusive title to the goods and shall pass title to the State free and clear of all liens, encumbrances, and security interests.

7.6.3.9 Infringement; Indemnity: The Vendor warrants the purchase or use of the goods shall not infringe upon any United States or foreign patent, and the Vendor shall indemnify the State against all judgments, decrees, costs, and expenses resulting from any alleged infringement and shall defend, upon written request of the State, at its own expense, any action which may be brought against the State, its vendees, lessees, licensees, or assignees, under any claim of patent infringement in the purchase or use of the Vendor's goods. If the State is enjoined from using such goods, the Vendor shall re-purchase such goods from the State at the original purchase price. The State shall notify the Vendor promptly in writing of any such suit. If the State compromises or settles any such suit without the written consent of the Vendor, the Vendor shall be released from the obligations of this paragraph and from any liability to the State under any statute or other rule of law.

7.6.3.10 Usage of Trade; Course of Dealings; Implied Warranties: The Vendor shall be bound by any implied warranty that, at the time of execution of the NOA/Contract, prevails in the trade of government in the marketing area in and about the State of Nevada. The Vendor shall also be bound by any other implied warranty arising through course of dealings between the Vendor and the State from and after the execution of the NOA/Contract. The Vendor shall also be bound by all warranties set forth in Nevada's Uniform Commercial Code (NRS Chapter 104) in effect on the date of issuance of the NOA/Contract.

7.6.3.11 Warranties Cumulative: It is understood that warranties created by the NOA/Contract, whether express or implied, as well as all warranties arising by operation of law that affect the rights of the parties, are cumulative and may be construed in a manner consistent with one another.

7.6.3.12 Priority of Warranties: If it is held by a court of competent jurisdiction that there is an irreconcilable conflict between or among any of the warranties set forth in the NOA/Contract and any warranties implied by law, the parties agree that the specifications contained in the NOA/Contract shall be deemed technical and mere language of description.

7.6.3.13 Beneficiaries of Warranties: Benefit of any warranty made in the NOA/Contract shall be in favor of the State, any of its political subdivisions or agencies, employee or licensee thereof who uses the goods, and the benefit of any warranty shall apply to both personal injury and property damage.

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7.7 Delivery, Inspection, Acceptance, Title, Risk of Loss: The Vendor agrees to deliver the goods as indicated in the NOA/Contract, and upon acceptance by the State, title to the goods shall pass to the State. The State shall have the right to inspect the goods on arrival and within a commercially reasonable time. The State shall give notice to the Vendor of any claim or damages on account of condition, quality, or grade of the goods, and shall specify the basis of the claim in detail. Acceptance of the goods described in the NOA/Contract is not a waiver of UCC revocation of acceptance rights or of any right of action that the State may have for breach of warranty or any other cause. Unless otherwise stated above, risk of loss from any casualty, regardless of the cause, shall be on the Vendor until the goods have been accepted and title has passed to the State. If provided by the Vendor, the State agrees to follow reasonable instructions regarding return of the goods.

7.8 No Arrival, No Sale: The NOA/Contract is subject to provisions of no arrival, no sale terms, but proof of shipment shall be given by the Vendor; each shipment to constitute a separate delivery. A variation of ten (10) days in time of shipment or delivery from that specified in the NOA/Contract does not constitute a ground for rejection. The State may treat any deterioration of the goods as entitling the State to the rights resulting from a casualty to the identified goods without regard to whether there has been sufficient deterioration so that the goods no longer conform to the NOA/Contract.

7.9 Breach, Remedies: Failure of either party to perform any obligation of the NOA/Contract shall be deemed a breach. In the event of a breach, the party asserting breach may, in addition to any remedies or rights afforded by Nevada law, cancel the NOA/Contract with respect to any executory obligations. All rights and remedies are cumulative with one another and with those provided by law, and exercise of one remedy or right is not a waiver of the right to pursue any other right or remedy afforded. Penalties provided under Nevada law shall be limited to those in effect on the effective date of the NOA/Contract. See NRS 333.365. Either party, as a prevailing party to any arbitration or other action regarding the enforcement of the NOA/Contract, is entitled to reasonable attorney’s fees and costs. It is specifically agreed that reasonable attorneys' fees shall include without limitation One hundred twenty-five dollars ($125) per hour for State-employed attorneys. The State may set off consideration against any unpaid obligation of the Vendor to any State agency.

7.10 Limited Liability: The State shall not waive and intends to assert available NRS Chapter 41 liability limitations in all cases. NOA/Contract liability of both parties shall not be subject to punitive damages.

7.11 Waiver of Breach: A failure to assert any right or remedy available to a party under the NOA/Contract, or a waiver of the rights or remedies available to a party by a course of dealing or otherwise shall not be deemed to be a waiver of any other right or remedy under the NOA/Contract, unless such waiver is contained in a writing signed by the waiving party.

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

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7.13 Assignment/Delegation: To the extent that any assignment of any right under the NOA/Contract changes the duty of either party, increases the burden or risk involved, impairs the chances of obtaining the performance of the NOA/Contract, attempts to operate as a novation, or includes a waiver or abrogation of any defense to payment by State, such offending portion of the assignment shall be void, and shall be a breach of the NOA/Contract. No duties of either party may be delegated without written consent by the other party, and any such consent does not in any way affect the liability of the delegating party, unless the writing so states.

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

7.15 Governing Law; Jurisdiction: This NOA/Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Nevada, including, without limitation, Nevada's UCC (NRS Chapter 104) in effect on the date of the NOA/Contract. The parties consent to the jurisdiction and venue of the First Judicial District Court, Carson City, Nevada for enforcement of the NOA/Contract.

7.16 Entire Agreement; Conflict with Other Documents: The NOA/Contract (including all incorporated attachments) is intended by the parties as the final expression of their agreement and is the complete and exclusive statement of the terms hereof. All prior agreements are superseded and excluded. Prices, quantities, dates, and places of deliveries and means of transportation may be fixed by attachments to the NOA/Contract. Except as previously stated, if any term in any incorporated attachment or in any Vendor's invoice contradicts or negates a term in the NOA/Contract, the NOA/Contract shall control. All amendments shall be in writing and signed by the parties.

7.17 In accordance with NRS 333.4611, the State of Nevada, Purchasing Division shall require the purchase of new appliances, equipment, lighting and other devices that use electricity, natural gas, propane or oil, have received the Energy Star label pursuant to the program established pursuant to 42 U.S.C. 6294a or its successor, or meet the requirements established pursuant to 48 C.F.R. 23.203. These standards do not apply insofar as: (a) No items in a given class have been evaluated to determine whether they are eligible to receive the Energy Star label or have been designated by the Federal Government to meet the requirements established pursuant to 48 C.F.R. 23.302 or (b) The purchase of these items that have received the Energy Star label would not be cost-effective in an individual instance, comparing the cost of the items to the cost of the amount of energy that shall be saved over the useful life of the item.

7.18 Term: In accordance with NRS 333.280, the Purchasing Division may enter into an NOA/contract for the furnishing of goods for not more than two (2) years. The original terms of an NOA/contract may be extended annually thereafter if the conditions for extension are specified in this solicitation, and the Purchasing Division determines that an extension is in the best interest of the State.

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7.19 Insurance: Automobile Liability, as stated below, is required only if the commodity is being delivered to the State by the vendor. If the commodity is being shipped by common carrier, automobile liability shall not be required. Vendor shall furnish the State with certificates of insurance (ACORD form or equivalent approved by the State) as required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

7.19.1 Automobile Liability

Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the performance of this Contract.

Combined Single Limit (CSL) $1,000,000

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ATTACHMENT A – COMPLIANCE CERTIFICATION

Submission of a bid shall constitute an agreement to all terms and conditions specified in this ITB, including, without limitation, the Terms and Conditions for Purchase of Goods.

I have read, understand and agree to comply with Section 2, Item Specification in this ITB. Checking “Yes” indicates compliance, while checking “No” indicates non-compliance and shall be detailed in the table below. In order for any exceptions to be considered they shall be documented.

YES _______ I agree. NO _______ I do not agree, Exceptions below:

Vendor Name

Vendor Signature

Print Name Date

EXCEPTION SUMMARYAttached additional sheets if necessary

SECTION 2(SPECIFY ITEM #)

EXCEPTION(PROVIDE A DETAILED EXPLANATION)

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