Common use of Preferences Clause in Contracts

Preferences. (This Section IS IS NOT Applicable to this contract): To the extent Contractor has sought and qualified for a bidding preference and this project has a value of over $250,000 pursuant to Nevada Revised Statutes Chapter 338, Contractor acknowledges and agrees that the following requirements will be adhered to, documented and attained for the duration of the Project: 1. At least 50 percent of the workers employed on the Project (including subcontractors) hold a valid driver’s license or identification card issued by the Nevada Department of Motor Vehicles; 2. All vehicles used primarily for the public work will be (a) registered and (where applicable) partially apportioned to Nevada; or (b) registered in Nevada. 3. At least 50 percent of the design professionals who work on the Project (including sub- contractors) hold a valid driver’s license or identification card issued by the Nevada Department of Motor Vehicles; 4. At least 25 percent of the material suppliers used for the Project are located in Nevada; and 5. The Contractor shall maintain and make available for inspection within Nevada all payroll records related to the Project. Contractor recognizes and accepts that failure to comply with any requirements herein shall be a material breach of the contract and entitle the City of Sparks to liquidated damages in the amount set by statute. In addition, the Contractor recognizes and accepts that failure to comply with any requirements herein may lose its certification for a preference in bidding and/or its ability to bid on any contracts for public works pursuant to NRS Chapter 338. To the extent Contractor has sought and qualified for a bidding preference and this project has a value of over $250,000 pursuant to Nevada Revised Statutes Chapter 338, each contract between the contractor, applicant or design-build team and a subcontractor must provide for the apportionment of liquidated damages assessed pursuant to this section if a person other than the Contractor was responsible for the breach of a contract for a public work caused by a failure to comply with a requirement of Items 1-5 within this section. The apportionment of liquidated damages must be in proportion to the responsibility of each party for the breach.